Travelers Property Casualty Company of America v. Nomax, Inc. et al

Filing 76

OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the parties show cause within 10 days from the date of this order this action should not be dismissed as moot. Response to Court due by 4/22/2017. Signed by District Judge Henry Edward Autrey on 4/12/17. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA,
Plaintiff,
v.
NOMAX, INC., ST. LOUIS HEART
CENTER, INC., and JOHN DOES 1-10
Defendants.

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Case No. 4:15CV990 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on its own Motion. This case stems from
Case Number 4:15-CV-517 RLW, where St. Louis Heart Center, Inc. is the
plaintiff and Nomax, Inc. is the defendant. The instant case centers on whether
Plaintiff must defend its client, Nomax, in Case No. 4:15-CV-517 RLW.
On March 20, 2007, the Honorable Ronnie L. White granted Nomax’s
Motion to Dismiss for Lack of Standing and dismissed case number 4:15-CV-517
RLW. Citing Spokeo, Inc. v. Robins, 136 S.Ct. 1540, 1544 (2016), the Court found
that St. Louis Heart Center, Inc., did not “allege[] a concrete and particularized
injury arising from the alleged deficiency in the opt-out notice,” because St. Louis
Heart Center requested and received faxes from Nomax. The Court determined that

St. Louis Heart Center had “not suffered a concrete injury and lacks standing,”
under Article III of the United States Constitution.
As such, the parties shall show cause, within 10 days from the date of this
order, why this action should not be dismissed as moot.
Accordingly,
IT IS HEREBY ORDERED that the parties show cause within 10 days
from the date of this order this action should not be dismissed as moot.
Dates this 12th day of April, 2017.

_____________________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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