LANDYA McCAFFERTY, District Judge.
Plaintiff, Judson Belmont, proceeding pro se, brings this suit against Katie Bower, M.D., Emily Renee Faulks, M.D., and Carilion Clinic asserting claims of negligence and medical malpractice. Belmont claims that defendants provided him substandard medical treatment after he was bitten by a rattlesnake while mountain-biking in Virginia. Defendants move to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(2) based on lack of personal jurisdiction. Doc. no. 6. Belmont objects and requests that this court transfer this suit to the United States District Court for the Western District of Virginia pursuant to 28 U.S.C. § 1404. Belmont also requests an expedited hearing on his request for a transfer.
When a defendant contests personal jurisdiction under Rule 12(b)(2), the plaintiff bears the burden of persuading the court that jurisdiction exists.
The court "draws the facts from the pleadings and the parties' supplementary filings, including affidavits, taking facts affirmatively alleged by the plaintiff as true and viewing disputed facts in the light most favorable to plaintiff."
Belmont is a long-time resident of New Hampshire. In May 2018, he went on a mountain-biking trip in Virginia. During that trip, a rattlesnake bit his leg. He received emergency medical treatment for that bite, including surgery, at Carilion Roanoke Memorial Hospital in Roanoke, Virginia. Drs. Bower and Faulks treated Belmont and performed surgery on his leg. Both Drs. Bower and Faulks are residents of Virginia. Carilion Roanoke Memorial Hospital is a subsidiary of defendant Carilion Clinic. Carilion Clinic is a not-for-profit corporation incorporated in Virginia, with its principal place of business in Roanoke, Virginia.
In November 2019, Belmont filed this suit, claiming that Drs. Bower and Faulks negligently caused him to have permanently impaired functionality in his left leg, chronic pain, and reduced quality of life. Belmont asserts that Carilion Clinic employs Drs. Bower and Faulks and is therefore liable to him for their actions based on a theory of respondeat superior. Belmont also appears to assert that Carilion Clinic is directly liable for negligence for its failure to provide "adequate support" to Dr. Bower. Doc. no. 1 at 13. Belmont seeks to recover his medical expenses, ongoing expenses related to his now-disabled leg, and relief for pain and suffering.
In January 2020, defendants moved to dismiss for lack of personal jurisdiction, arguing that all three defendants are citizens of Virginia and have no contacts with New Hampshire. Belmont filed two responses to defendants' motion. Reading those two pleadings together and construing them liberally, they communicate two points: (1) Belmont is not contesting that this court lacks personal jurisdiction over defendants; and (2) Belmont requests this court to transfer this suit to the United States District Court for the Western District of Virginia pursuant to 28 U.S.C. § 1404.
The court construes Belmont's first response (doc. no. 10) as an objection to defendants' motion to dismiss and his second response (doc. no. 11) as a motion for change of venue. Belmont requests an "expedited hearing" on the motion for change of venue. He argues that an expedited hearing is warranted so that, if necessary, he has time to file suit in Virginia before the running of Virginia's two-year statute of limitations on medical negligence claims. Defendants object to Belmont's motion for change of venue and request for an expedited hearing.
Defendants move to dismiss this suit for lack of personal jurisdiction. As noted above, it is Belmont's burden to demonstrate that this court can exercise personal jurisdiction over defendants.
Instead of disputing defendants' contention that this court lacks personal jurisdiction over them, Belmont asks the court to transfer this case to the United States District Court for the Western District of Virginia.
A court that lacks personal jurisdiction over a suit may, nevertheless, transfer the action under 28 U.S.C. § 1631.
28 U.S.C. § 1631. In light of this authority, the court need not necessarily dismiss a suit outright when it lacks jurisdiction,
28 U.S.C. § 1631 establishes a "rebuttable presumption in favor of transfer" that is overcome only if the "inquiring court determines that transfer is not in the interest of justice."
A court may
The court must first determine whether this suit "could have been brought" in the Western District of Virginia. 28 U.S.C. § 1631. To find that a suit "could have been brought" in another court, the following prerequisites must be met: the other court would have subject matter jurisdiction; the other court could exercise personal jurisdiction over defendants; and the other court would be a proper venue.
First, the Western District of Virginia would have subject matter jurisdiction over this action under 28 U.S.C. § 1332 based on the diversity of the parties' citizenship and the amount in controversy. A court may exercise diversity jurisdiction if the parties are citizens of different states and the amount in controversy exceeds $75,000. 28 U.S.C. § 1332(a). For the purposes of diversity jurisdiction, individuals are citizens of the state in which they are domiciled.
Second, the District Court in the Western District of Virginia could exercise personal jurisdiction over all three defendants. Carilion Clinic would plainly be subject to personal jurisdiction in the Western District of Virginia, as it is incorporated in Virginia and has its principal place of business there.
Third, the Western District of Virginia is a proper venue for this suit. Venue is proper in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 28 U.S.C. § 1391(b)(2). Here, Belmont's claimed injuries occurred while he was being treated by Drs. Bower and Faulks at the Carilion Roanoke Memorial Hospital located in Roanoke, Virginia. Roanoke is in the Western District of Virginia, so this action could have been brought there.
In sum, at the time this suit was filed, it could have been brought in the United States District Court for the Western District of Virginia because that court would have subject matter jurisdiction, could exercise personal jurisdiction over defendants, and would be a proper venue.
The court next considers whether transferring this case to the Western District of Virginia, rather than dismissing it outright, is in the interest of justice. The court discerns no facts in the record that would overcome § 1631's presumption in favor of transfer. Transfer in this case would not unfairly benefit Belmont. On one hand, it will benefit him by keeping his case alive, but on the other, it will require him to litigate in a distant forum. Transfer to Virginia will also not impose an unwarranted hardship on defendants. On the contrary, it will benefit defendants by moving the suit to a forum that is more convenient for them. Further, the merits of the suit favor transfer. Belmont's claims do not appear frivolous. Indeed, despite the early stage of these proceedings, Belmont submitted several expert opinions in support of his claims.
Notably, a transfer to the Western District of Virginia is in the interest of justice because it will provide Belmont the opportunity to have his claims resolved on their merits.
For the foregoing reasons, the court lacks personal jurisdiction over defendants and cannot hear this matter. The court therefore grants defendants' motion to dismiss for lack of personal jurisdiction (doc. no. 6). Because the court lacks jurisdiction, it must deny Belmont's motion for change of venue under 28 U.S.C. § 1404 (doc. no. 11). The court also denies Belmont's motion for an expedited hearing (doc. no. 12). Instead of dismissing the case outright, however, the court will transfer this case to another forum with jurisdiction pursuant to its authority under 28 U.S.C. § 1631. The court directs the Clerk's Office to transfer this case to the United States District Court for the Western District of Virginia.
SO ORDERED.