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Lillard & Lillard, P.C. v. Blue Cross & Blue Shield Ass'n

United States District Court, District of Columbia

September 25, 2013

LILLARD & LILLARD, P.C., Plaintiff,
v.
BLUE CROSS AND BLUE SHIELD ASSOCIATION, et al., Defendants

Decided September 23, 2013

For LILLARD & LILLARD, P.C., Plaintiff: John Franklin Lillard, LEAD ATTORNEY, LILLARD & LILLARD, Annapolis, MD; Laura J. Reimer, PRO HAC VICE, Dix Hills, NY.

For BLUE CROSS AND BLUE SHIELD ASSOCIATION, Defendant: Adam P. Feinberg, Anthony F. Shelley, LEAD ATTORNEYS, MILLER & CHEVALIER CHARTERED, Washington, DC.

For R& R PROFESSIONAL RECOVERY, FIRST FEDERAL CREDIT CONTROL, Defendants: Anthony F. Shelley, LEAD ATTORNEY, MILLER & CHEVALIER CHARTERED, Washington, DC; Irwin Raphael Kramer, James Michael Connolly, LEAD ATTORNEYS, KRAMER & CONNOLLY, Reisterstown, MD.

For NCO FINANCIAL SYSTEMS, Defendant: Aaron R. Easley, LEAD ATTORNEY, SESSIONS, FISHMAN, NATHAN & ISRAEL, LLC, Flemington, NJ; Anthony F. Shelley, LEAD ATTORNEY, MILLER & CHEVALIER CHARTERED, Washington, DC; Jeffrey C. Seaman, LEAD ATTORNEY, WHITEFORD, TAYLOR & PRESTON, LLP, Bethesda, MD.

For ALACRITY COLLECTIONS CORPORATION, Defendant: Lawrence S. Jacobs, LEAD ATTORNEY, MCMILLAN METRO, P.C., Rockville, MD.

For QUANTUM PRACTICE MANAGEMENT, Defendant: Aaron R. Easley, LEAD ATTORNEY, SESSIONS, FISHMAN, NATHAN & ISRAEL, LLC, Flemington, NJ; Jeffrey C. Seaman, LEAD ATTORNEY, WHITEFORD, TAYLOR & PRESTON, LLP, Bethesda, MD.

OPINION

Page 117

MEMORANDUM OPINION

RICHARD J. LEON, United States District Judge.

On January 7, 2013, plaintiff Lillard & Lillard, P.C. (" plaintiff" ), a law firm, filed the instant action in the Superior Court of the District of Columbia (" Superior Court" ) against defendants Blue Cross and Blue Shield Association (BCBSA), R& R Professional Recovery (" R& R" ), NCO Financial Systems (" NCO" ), First Federal Credit Control (" FFCC" ), and Quantum Practice Management (" Quantum" ). See Compl. [Dkt. 1-1]. [1] Plaintiff alleged violations of the District of Columbia Consumer Protection Procedures Act, D.C. Code § 28-3901 et seq. (" CPPA" ), the Racketeer Influenced & Corrupt Organizations Act, 18 U.S.C. § 1961 et seq. (" RICO" ), and the Federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (" FDCPA" ). See id. ¶ ¶ 4-16. Plaintiff amended its complaint on January 24, 2013, adding a claim for violation of the Patient Protection and Affordable Care Act, 124 Stat. 119 et seq (" ACA" ), and a new defendant, Alacrity Collections Corporation (" Alacrity" ). See Second Am. Compl. ¶ 14 [Dkt. #1-1]. [2] Plaintiff also brings an equity claim against defendants. See id. ¶ 19.

On February 7, 2013, defendants BCBSA, R& R, NCO, and FFCC removed the action to this Court pursuant to 28 U.S.C. § 1441 as an action over which this Court has federal question jurisdiction under 28 U.S.C. § 1331. See Notice of Removal [Dkt. #1] ¶ 7. Now before the Court are BCBSA's Motion to Dismiss [3] and the five remaining defendants' motions for judgment on the pleadings. [4] Upon consideration of the parties' pleadings, relevant law, and the entire record herein, the Court concludes that plaintiff lacks

Page 118

standing to bring these claims. Accordingly, the Court will GRANT defendants' motions pursuant to Rule 12(b)(1) of the ...


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