Paul v. Didizian

292 F.R.D. 151, 86 Fed. R. Serv. 3d 340, 2013 WL 3930536, 2013 U.S. Dist. LEXIS 107097
CourtCourt of Appeals for the D.C. Circuit
DecidedJuly 31, 2013
DocketCivil Action No. 12-1196 (CKK)
StatusPublished
Cited by5 cases

This text of 292 F.R.D. 151 (Paul v. Didizian) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paul v. Didizian, 292 F.R.D. 151, 86 Fed. R. Serv. 3d 340, 2013 WL 3930536, 2013 U.S. Dist. LEXIS 107097 (D.C. Cir. 2013).

Opinion

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, District Judge.

Plaintiff, Ghislaine Paul (“Plaintiff’), who is proceeding pro se, brings this action against the District of Columbia1 (the “Dis[152]*152trict”) and Dr. Noubar A. Didizian (“Didizi-an”) (together “Defendants”), alleging that Defendants committed medical malpractice and violated various federal statutes in connection with the District’s termination of Plaintiffs worker’s compensation benefits. Presently before the Court are the following motions: the District’s [9] motion to dismiss or in the alternative for summary judgment; Didizian’s [10] motion to dismiss; and Plaintiffs [17] motion to reopen and consolidate. Upon consideration of the parties’ submissions, the relevant authorities, and the record as a whole, the Court shall GRANT the District’s [9] motion to dismiss insofar as it seeks dismissal,-without prejudice, of Plaintiffs claims against it due to Plaintiffs insufficient service of process upon the District. The Court shall also GRANT Didizian’s [10] motion to dismiss insofar as it seeks dismissal of Plaintiffs claims against Didizian, with prejudice, due to Plaintiffs failure to timely file those claims in accordance with the applicable statute of limitations. Further, Plaintiffs motion [17] to reopen and consolidate is DENIED.

I. BACKGROUND

The following facts are taken from the Complaint and must be accepted as true for purposes of a motion to dismiss. See Atherton v. D.C. Office of the Mayor, 567 F.3d 672, 681 (D.C.Cir.2009), cert. denied, 559 U.S. 1039, 130 S.Ct. 2064, 176 L.Ed.2d 418 (2010). On May 3, 2002, Plaintiff injured her neck and back while working as a Spanish teacher for the District of Columbia Public Schools at Francis Junior High School. See Compl, ECF No. [1], at 8. As a result of this injury, Plaintiff filed a claim with the Disability Compensation Program, which was granted on August 20, 2002. Id. Sometime before August 2004, Plaintiffs disability benefits were terminated because of Plaintiffs failure to attend “Job Club.” Id. at 9. Accordingly, Plaintiff returned to work in August 2004. Id. After a series of legal procedures, Plaintiffs benefits were restored on November 29, 2006, although Plaintiff appears to contend that the benefits to which she was entitled were never restored in full. Id. at 10. Subsequently, on May 16, 2007, Plaintiff underwent a one-time independent medical examination by Didizian, whom Plaintiff describes as a “hand surgeon specialist.” Id. On October 15, 2007, Plaintiffs disability benefits were once again terminated, this time allegedly due to a report produced by Didizian following that May 16, 2007 examination, which Plaintiff contends was “incomplete” and “fraudulent.” Id. at 10, 14. For this, and other reasons, Plaintiff disputes the validity of the termination of her workman’s compensation benefits. See generally Compl.

On February 6, 2008, Administrative Law Judge Teri Thompson reviewed and affirmed the termination of benefits. Id. at 14. Further, Plaintiffs application for reinstatement of disability benefits was denied by the Disability Compensation Program on December 29, 2008, and again on February 2, 2009. Id. Having failed on her administrative claims, on October 1, 2010, Plaintiff filed a suit in the Eastern District of Virginia, against the District and Didizian, alleging that Didizian’s evaluation of her medical condition (on which the District relied in terminating her benefits) constituted medical malpractice. The suit was then transferred to this Court, where the undersigned dismissed it without prejudice for want of subject matter jurisdiction, as Plaintiff had not raised any federal questions; nor was there complete diversity, given that both Plaintiff and Didizian were residents of Pennsylvania. See Paul v. Didi-zian, 819 F.Supp.2d 31, 33 (D.D.C.2011). Plaintiff appealed the Court’s ruling, and on April 11, 2012, the D.C. Circuit summarily affirmed this Court’s decision. Id., ECF No. [36],

On July 20, 2012, Plaintiff filed the instant action pro se. Plaintiffs Complaint is far from a model of clarity, as it is sweeping in scope and replete with conclusory assertions devoid of factual content, as well as extraneous allegations with no clear link to the parties or causes of action upon which Plaintiff purports to rely. Based upon the Court’s best efforts to decipher the Complaint, Plaintiff appears to be asserting claims of malpractice similar to those raised in her prior [153]*153suit, along with claims alleging violations of the Constitution and a plethora of federal statutes including, inexplicably, several federal criminal statutes (which, of course, do not give rise to any causes of action in this civil case). See generally Compl. at 2, 5, 8-11.

On September 7, 2012, the District, filed its [9] motion to dismiss or in the alternative for summary judgment (“District’s Mot.”). Therein, the District argues that Plaintiff has not effectuated proper service, that her claims are barred by res judicata, and that she has failed to state a claim. See District’s Mot. at 1. On September 11, 2012, Didizian filed his [10] motion to dismiss, with a supporting [10-1] memorandum (“Didizian Mem.”). Therein, Didizian argues that Plaintiff has not stated a claim, and even if she did her claims would be barred by the statute of limitations. See Didizian Mem.

Plaintiff filed her oppositions to both motions on September 20, 2012. See ECF Nos. [18], [19]. Also on September 20, 2012, Plaintiff moved to reopen the now dismissed case previously before this Court, Civil Action No. 11-684. See ECF No. [17], Additionally, it appears that in response to the District’s assertion of lack of service, Plaintiff attempted to mail a copy of the complaint to the Executive Office of the Mayor. See Pl.’s Opp’n, at Ex. 1 (a copy of a September 12, 2012, receipt for a certified mailing).

The District timely filed a[21] reply in further support of its motion; Didizian opted not to file a reply. Accordingly, all three motions pending in this matter are ripe for adjudication.

II. LEGAL STANDARDS

A. Federal Rule of Civil Procedure 12(b)(5)

A court ordinarily may not exercise personal jurisdiction over a party named as a defendant in the absence of service of process (or waiver of service by the defendant). See Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350, 119 S.Ct. 1322, 143 L.Ed.2d 448 (1999) (citing Omni Capital Int’l, Ltd. v. Rudolf Wolff & Co., 484 U.S. 97, 104, 108 S.Ct. 404, 98 L.Ed.2d 415 (1987) (“Before a ... court may exercise personal jurisdiction over a defendant, the procedural requirement of service of summons must be satisfied.”); Mississippi Publishing Corp. v. Murphree, 326 U.S. 438, 444-45, 66 S.Ct. 242, 90 L.Ed.

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Bluebook (online)
292 F.R.D. 151, 86 Fed. R. Serv. 3d 340, 2013 WL 3930536, 2013 U.S. Dist. LEXIS 107097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-v-didizian-cadc-2013.