Pension Benefit Guaranty Corporation v. Endodontic Specialists of Colorado, P.C.

Filing 28

ORDER DISMISSING THIRD PARTY COMPLAINT WITHOUT PREJUDICE re 16 and 25 : the Third Party Complaint is dismissed without prejudice pursuant to Fed.R.Civ.P. 12(b)(1), by Judge Richard P. Matsch on 9/19/2014.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-01163-RPM
PENSION BENEFIT GUARANTY CORPORATION,
Plaintiff,
v.
ENDODONTIC SPECIALISTS OF COLORADO, P.C.
Defendant and Third-Party Plaintiff,
v.
TPA SERVICES, INC.,
Third-Party Defendant.
____________________________________________________________________________________
ORDER DISMISSING THIRD PARTY COMPLAINT WITHOUT PREJUDICE
____________________________________________________________________________________
In this civil action to enforce a filed agency determination filed under 5 U.S.C. § 706, the
defendant filed a Third Party Complaint against TPA Services, Inc. seeking damages for breach of
contract and negligence. The third party defendant filed a motion to dismiss for lack of jurisdiction.
The plaintiff filed a motion to sever the third party claims from its APA action. The third party
complaint raises the same claims as a pending state court action in the District Court, Arapahoe County,
Colorado.
There is no diversity between Endodontic Specialists of Colorado, P.C. and TPA Services, Inc.
The exercise of supplemental jurisdiction over the dispute between these parties would interfere with this
APA case which will be determined on the administrative record. Accordingly, it is
ORDERED, that the Third Party Complaint is dismissed without prejudice pursuant to
Fed.R.Civ.P. 12(b)(1).
DATED: September 19th, 2014
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge