Gregory Haskin Chiropractic Clinics, Inc. v. State Farm Mut. Auto. Ins. Co.
Gregory Haskin Chiropractic Clinics, Inc. v. State Farm Mut. Auto. Ins. Co.
Opinion of the Court
This matter is before the Court upon the Defendant's Motion to Dismiss, or alternatively, Motion to Stay. (ECF No. 23.) The Plaintiff filed a response (ECF No. 26) and the Defendant timely replied (ECF No. 29.) Upon review of the record, the relevant caselaw, and the parties' submissions, the Court grants the Plaintiff's motion. (ECF Nos. 23 .)
I. Background
Plaintiff Gregory Haskin Chiropractic Clinics, Inc. filed its Amended Class Action Complaint against Defendant State Farm Mutual Automobile Insurance Company ("State Farm") for declaratory judgment, injunctive relief, and breach of contract. (ECF No. 16.) The Plaintiff's allegations center around the Defendant's improper application of the Plaintiff's deductible to its medical bills under Florida's no-fault personal injury protection ("PIP") statute,
Also relevant to this Court's order is a lawsuit pending in the Eleventh Judicial Circuit Court for Miami-Dade County. On October 23, 2014, Progressive Health Services, Inc. filed its Amended Class Action Complaint against Defendant State Farm *1153Mutual Automobile Insurance Company seeking declaratory relief and damages for breach of contract. (ECF No. 23-2.) The Plaintiff in the state court complaint and in this action seek the same declaratory relief regarding the Defendant's PIP reimbursement practices. The two complaints also seek contract damages based on State Farm's under-payment of no-fault benefits under Florida law. There is currently a motion for class certification pending in the state court action. Progressive Health Servs. Inc. v. State Farm Mutual Auto Ins. Co. , Case No. 2011-010334-CA-01, Dkt. #13 (11th Jud. Cir. Fla. April 4, 2019).
The Defendant now moves to dismiss the complaint on three separate grounds: (1) the Court lacks subject matter jurisdiction because the Plaintiff failed to allege the jurisdictional amount in controversy required by the Class Action Fairness Act; (2) the equitable claims should be dismissed because the Plaintiff has an adequate remedy at law; or alternatively (3) the case should be stayed pending the outcome of a related state court case. (ECF No. 23 at 6-11.) Because the Court finds that it should decline to exercise jurisdiction over this case, it will address the Defendant's last argument only.
II. Analysis
The Defendant argues that this case should be dismissed or stayed under Ameritas Variable Life Ins. Co. v. Roach,
In Ameritas, the Eleventh Circuit explained that the "Declaratory Judgment Act is an enabling Act, which confers a discretion on courts rather than an absolute right upon the litigant. It only gives the federal courts competence to make a declaration of rights; it does not impose a duty to do so."
(1) the strength of the state's interest in having the issues raised in the federal declaratory action decided in the state courts; (2) whether the judgment in the federal declaratory action would settle the controversy; (3) whether the federal declaratory action would serve a useful purpose in clarifying the legal relations at issue; (4) whether the declaratory remedy is being used merely for the purpose of "procedural fencing"-that is, to provide an arena for a race for res judicata or to achieve a federal hearing in a case otherwise not removable; (5) whether the use of a declaratory action would increase the friction between our federal and state courts and improperly encroach on state jurisdiction; (6) whether there is an alternative remedy that is better or more effective; (7) whether the underlying factual issues are important to an informed resolution of the case; (8) whether the state trial court is in a better position to evaluate those factual issues than is the federal court; and (9) whether there is a close nexus between the underlying factual and legal issues and state law and/or public policy, or whether federal common or statutory law dictates a resolution of the declaratory judgment action.
Id.
Ameritas applies specifically to declaratory judgment suits. On the other hand, for lawsuits involving monetary damages, the Colorado River abstention doctrine is used to determine if a federal court should dismiss or stay an action in favor of a parallel state case. Under Colorado River, the district court should only abstain under "exceptional circumstances." Moorer v. Demopolis Waterworks and Sewer Bd. ,
(1) whether one of the courts has assumed jurisdiction over property, (2) the inconvenience of the federal forum, (3) the potential for piecemeal litigation, (4) the order in which the fora obtained jurisdiction, (5) whether state or federal law will be applied, and (6) the adequacy of the state court to protect the parties' rights
Ambrosia Coal & Const. Co. v. Pages Morales ,
Here, the Plaintiff's complaint includes a count for declaratory judgment and a count for breach of contract. Therefore, the Court must first determine whether to apply Ameritas or Colorado River. As explained in Lexington Ins. Co. v. Rolison , there appear to be three tests to determine which abstention doctrine to apply.
Although the Eleventh Circuit has not spoken on this subject, the Court will follow the other decisions in this district in adopting the "heart of the matter" test. See W. Coast Life Ins. Co. v. Ruth Secaul 2007-1 Ins. Trust, No. 09-81049,
Upon application of the Ameritas factors to this case, the Court finds that the factors weigh in favor of abstention.
The second factor looks to whether the judgment in the federal action would settle the controversy.
The third factor asks whether the federal action would serve a useful purpose in clarifying the legal relations at issue.
The fourth factor considers whether the declaratory remedy is being used as a race for res judicata or to achieve a federal hearing in a case otherwise not removable.
The fifth factor looks at whether the use of a declaratory action would increase the friction between the federal and state courts and improperly encroach on state jurisdiction. Ameritas,
The sixth factor considers whether there is an alternative remedy that is better or more effective. Ameritas,
Factors seven and eight are whether the underlying factual issues are important to an informed resolution of the case and whether the state trial court is in a better position to evaluate those factual issues than is the federal court.
The last Ameritas factor asks whether there is a close nexus between the underlying factual and legal issues and state law or whether the federal common or statutory law dictates resolution of the issues.
After weighing each of the Ameritas factors, the Court concludes that it should decline to exercise jurisdiction over the Plaintiff's claims and stay this case in favor of the state court case.
III. Conclusion
Based on the foregoing, the Court grants the Defendant's motion to stay. (ECF No. 23 .) This case is hereby stayed until the conclusion of the parallel state court proceeding. The parties shall provide the Court with a status report of the state court case every 90 days from the date of this Order.
The Clerk is directed to administratively close this case.
Done and ordered , at Miami, Florida, on June 7, 2019.
The Court notes that although the parties agree on the fact that the state court action is a "parallel" proceeding, the parties are not perfectly parallel. The two plaintiffs are distinct. The Court finds, however, that the parties do not have to be perfectly identical for the district court to exercise its discretion to stay the case. See Mid-Continental Casualty Company v. Gozzo Dev. Corp. , No. 17-80362,
The Plaintiff does not present any arguments in opposition to the application of the Ameritas factors. Instead, the Plaintiff argues that abstention should be declined under Colorado River.
The state court case was initially removed and then remanded in 2011. (ECF No. 23 at 6.)
Reference
- Full Case Name
- GREGORY HASKIN CHIROPRACTIC CLINICS, INC. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
- Cited By
- 3 cases
- Status
- Published