Tripati v. Hale et al

Filing 43

MEMORANDUM ORDER granting in part and denying in part 28 Motion to Dismiss; granting 28 Motion to Transfer Case; adopting 35 Report and Recommendations; denying 38 Objections to R&R; and denying 39 Motion for Entry of Default as to Wexford, as explained therein. The clerk shall transfer this case to the District Court for the District of Arizona forthwith. Signed by Judge Terrence F. McVerry on 4/6/15. (mh, ) [Transferred from pawd on 4/8/2015.]

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
)
ANANT KUMAR TRIPATI,
)
) Civil Action No. 2: 13-cv-00830
Plaintiff,
)
) United States District Court Judge
v.
) Terrence F. McVerry
)
MARK W. HALE, DARIUS HOLMES,
) United States Magistrate Judge
DANIEL L. CONN, ELAINE J. GEDMAN,
) Cynthia Reed Eddy
JOHN M. FROEHLICH, THOMAS M.
)
LEHMAN, WEXFORD HEALTH SOURCES,
)
INC.; INSURANCE COMPANIES ONE,
)
)
Defendants.
)
MEMORANDUM ORDER
The above captioned pro se prisoner civil rights case was filed in this court on June 19,
2013 and was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial
proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local
Rules of Court for Magistrate Judges.
Now pending before the Court are: (1) a MOTION TO DISMISS OR IN THE
ALTERNATIVE TO TRANSFER VENUE (ECF No. 28) filed by all Defendants, with brief in
support; (2) the March 2, 2015 Report and Recommendation (“R&R”) of Magistrate Judge
Cynthia Reed Eddy (ECF No. 35); (3) the Objections to the R&R filed by Plaintiff on March 30,
2015 (ECF No. 38); and (4) PLAINTIFF’S MOTION TO ENTER DEFAULT AGAINST
WEXFORD (ECF No. 39). Defendants have not filed a response to Plaintiff’s Objections, nor is
such a response necessary, although Defendants have filed a response in opposition to Plaintiff’s
motion for entry of default (ECF No. 40).
Magistrate Judge Eddy filed a 15-page R&R which thoroughly analyzed the issues in
dispute between the parties. In summary, Magistrate Judge Eddy recommended that Defendants’

motion to dismiss be granted as to the individual Defendants, but denied as to Wexford Health
Sources, Inc. (“Wexford”). She further recommended that the case be transferred to the United
States District Court for the District of Arizona pursuant to 28 U.S.C. § 1404(a), after having
analyzed the factors set forth in Jumara v. State Farm Ins. Co., 55 F.3d 873, 879-80 (3d Cir.
1995). Plaintiff contends that footnote 4 of the R&R is incorrect as a matter of law. Plaintiff
also opposes dismissal of the Individual Defendants and objects to the transfer of this case to the
District of Arizona.
This Court fully agrees with the persuasive and well-reasoned analysis of Magistrate
Judge Eddy. As to footnote 4, the R&R actually ruled in Plaintiff’s favor and recommended that
Defendants’ motion to dismiss the state law claims against Wexford in Counts 2-14 be denied,
albeit without prejudice. All claims against the Individual Defendants must be dismissed
because Plaintiff did not plead any facts whatsoever regarding conduct or involvement by any of
the Individual Defendants. Finally, the Jumara factors weigh heavily in favor of transfer of this
case to the District of Arizona.
AND NOW, this 6th day of April, 2015, it is hereby ORDERED, ADJUDGED, and
DECREED that: the MOTION TO DISMISS OR IN THE ALTERNATIVE TO TRANSFER
VENUE (ECF No. 28) is GRANTED IN PART as to all of the individual Defendants and they
are hereby dismissed from the case, DENIED IN PART as to Wexford Health Sources, Inc., and
GRANTED as to the request to transfer this Civil Action to the United States District Court for
the District of Arizona.

The Objections to the R&R filed by Plaintiff (ECF No. 38) are

DENIED. The March 2, 2015 Report and Recommendation of Magistrate Judge Cynthia Reed
Eddy (ECF No. 35) is adopted as the opinion of the Court.

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PLAINTIFF’S MOTION TO ENTER DEFAULT AGAINST WEXFORD (ECF No. 39)
is DENIED, insofar as Wexford was not required to respond to Plaintiff’s Amended Complaint
until Plaintiff’s Objections to the R&R were ruled upon.
The clerk shall transfer this Civil Action to the United States District Court for the
District of Arizona FORTHWITH. Defendant Wexford Health Sources, Inc. shall file an
Answer or otherwise respond to the Amended Complaint as directed by the United States District
Court for the District of Arizona.

SO ORDERED this 6th day of April, 2015.

BY THE COURT:
s/Terrence F. McVerry
United States District Judge

cc:

ANANT KUMAR TRIPATI
#102081
Arizona State Prison
Post Office Box 24401
Tucson, AZ 85734
Via US Mail
All counsel of record
Via CM/ECF

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