BALTIERRA v. WEST VA BD. OF MEDICINENo. CIV.A.02-00541 (RBW).
253 F.Supp.2d 9 (2003)
Maria de Jesus BALTIERRA, M.D., Plaintiff,
WEST VIRGINIA BOARD OF MEDICINE, et al., Defendants.
WEST VIRGINIA BOARD OF MEDICINE, et al., Defendants.
United States District Court, District of Columbia.
March 31, 2003.
Maria De Jesus Baltierra, San Diego, CA, Pro se.
Kenneth Joseph Barton, Jr., Steptoe & Johnson, Martinsburg, WV, Laurie J. Weinstein, U.S. Attorney's office, Washington, DC, Douglas A. Bahr, North Dakota Office of Attorney General, Bismarck, ND, for Defendants.
MEMORANDUM AND ORDER
WALTON, District Judge.
Plaintiff, a physician, filed this case seeking injunctive and declaratory relief and damages for alleged violations of her federal and state rights in connection with the revocation of her medical license. The initial complaint named the West Virginia Board of Medicine, its individual members, the Secretary of Health and Human Services, and 50 Doe defendants. After the West Virginia defendants filed a motion to dismiss, plaintiff filed a First Amended Complaint, expanding on her allegations and adding as defendants the North Dakota State Board of Medical Examiners, its individual members and its Executive Secretary, Rolf P. Sletten, and a defendant whom she named as "Buffalo General Hospital Department of Family Medicine, SUNY-Buffalo" ("SUNY-Buffalo").
To summarize the complaint insofar as it relates to the motions that will be addressed at this time, plaintiff asserts the following: Plaintiff received the degree of doctor of medicine from the University of Minnesota in 1981. Complaint ("Compl.")
In 1998, plaintiff was recruited to work in North Dakota with the increasing Hispanic migrant worker population and obtained a temporary license in that state. Compl. ¶¶ 45-16. However, her application for a permanent license was denied, allegedly because she made a false statement in response to one question on the application. The answer related to her training at SUNY-Buffalo, was provided with the advice of counsel, and was based on her understanding that a resident/into Dismiss 02-541 ("SUNY-Buffalo Mot.") at 1, n. 1. In this opinion, the Court will refer to this defendant as "SUNY-Buffalo." tern could not be "terminated" "in the traditional sense of the word." Compl. ¶¶ 55, 56. Plaintiff alleges that the claim that she made a false statement on the application is based on a letter that defendant Sletten, executive director of the North Dakota Board, "solicited directly" from Dr. Daniel Morelli, Vice-Chair of the Department of Medicine at SUNY-Buffalo. Compl. ¶¶ 57, 64, 65. Plaintiff alleges that Dr. Morelli's statements contained in his letter were false and were made with the knowledge that his letter would be used to deny plaintiff a North Dakota license and also would be used against her in disciplinary actions by other licensing boards. Compl. ¶¶ 66-72. As a result, plaintiff alleges that she was denied a permanent license in North Dakota. Compl. ¶ 82.
Plaintiff further alleges that the information from Morelli was passed on by Sletten to defendant Ronald Walton, executive director of the West Virginia Board, which then instituted a proceeding against plaintiff which resulted in revocation of her West Virginia license. Compl. ¶¶ 83-90, 130. Plaintiff challenges numerous aspects, both substantive and procedural, of the West Virginia proceedings. Compl. ¶¶ 91-130, 139, 140, 143-52.
Plaintiff alleges that defendant Secretary of Health and Human Services maintains a database of complaints against physicians that is intended to encourage licensing boards to "identify and discipline those who engage in unprofessional behavior, and to restrict the ability of incompetent physicians ... to move from State to State ...." Plaintiff asserts that the database is maintained pursuant to the Healthcare Quality and Improvement Act, 42
II. The Motion of SUNY-Buffalo
Plaintiffs claim against defendant SUNY-Buffalo is summarized in her First Amended Complaint:
Compl. ¶ 16. Plaintiff alleges that Dr. Morelli knew her statement in the letter to Sletten that she had been terminated from training in February 1987 was false. Further, plaintiff claims, Morelli made the statement "with full knowledge that this letter would be used" to reject plaintiffs application for licensure in North Dakota and also in future disciplinary actions by other agencies. Compl. ¶¶ 57, 64-80.
Defendant SUNY-Buffalo has filed a motion to dismiss, encompassed in a Notice of Motion to Dismiss and an Affidavit prepared by Barbra A. Kavanaugh, an Assistant Attorney General for the State of New York and attorney for the defendant. See Notice of Motion to Dismiss 02-541 ("SUNY-Buffalo Mot."). Although there is no memorandum in support of the motion, the motion is based on several sections of Rule 12(b) of the Federal Rules of Civil Procedure and alleges that the grounds for the motion are lack of jurisdiction over the subject matter, improper venue, insufficiency of service of process, and failure to state a claim on which relief can be granted. In addition, Kavanaugh's affidavit asserts that plaintiff "has failed to allege that Defendant [SUNY-Buffalo] has engaged in any activity or has had any contacts within the District of Columbia sufficient to enable this Court to exercise jurisdiction over the [d]efendant." Id., Affidavit of Barbra A. Kavanaugh at ¶ 8. The motion filed on behalf of this New York defendant, while not as extensive as motions usually filed in this Court, is a concise statement of the grounds on which the defendant relies.
All defendants except the federal defendant have raised the issue whether their contacts with the District of Columbia are sufficient to enable this Court to exercise personal jurisdiction over them in this case. In an Order issued on August 15, 2002, plaintiff was given 30 days to respond to the motion filed by SUNY-Buffalo, and was informed that if she did not respond the Court might treat the motion as conceded and dismiss her claims against this defendant. Plaintiff submitted a very brief response to the New York defendant's motion as part of her opposition to the motions of the North Dakota State Board of Medical Examiners and the West Virginia Board of Medicine, which was filed September 23, 2002 ("Opposition")
In order for a court to exercise personal jurisdiction over a non-resident, the prospective defendant must have contacts with the jurisdiction sufficient to satisfy "`traditional notions of fair play and substantial justice.'" See Int'l Shoe Co. v. Washington,
When a defendant asserts that this Court lacks personal jurisdiction, the burden is on the plaintiff to prove that jurisdiction can be exercised. See Reuber v. United States,
Plaintiff also attempts to establish that SUNY-Buffalo is "doing business" in the District of Columbia, in order to establish jurisdiction under the general jurisdiction statute, 13 D.C.Code § 334(a)(2001). She asserts, without providing any detail, that this defendant "conduct[s] business and/or perform[s] services in [its] regular course of business" and "maintain[s] close communications with the SECRETARY OF DHHS ... [and] readily supplies] and request[s] information" from the North Dakota and West Virginia boards "as part of [its] normal business such that [it] would reasonably expect to be hailed into a foreign forum in controversies relating directly with their scope of duties." Opposition, p. 9. Such vague and unsupported statements are not sufficient to satisfy the constitutional requirements of due process. There is no evidence that this defendant has engaged in any activity at all in the District of Columbia, solicits business within the District of Columbia, or that it has any contacts within the District of Columbia, much less "continuous and systematic" business contacts within this jurisdiction. See, e.g., Helicopteros Nacionales de Colombia, S.A. v. Hall,
Thus, this Court may not exercise jurisdiction over SUNY-Buffalo under either the long arm statute, 13 D.C.Code § 423(a)(2001), or the general statute authorizing jurisdiction over foreign corporations, 13 D.C.Code § 334(a)(2001). This defendant's motion to dismiss must therefore be granted.
III. The West Virginia Defendants' First Motion to Dismiss or Transfer Venue
The West Virginia defendants filed a motion to dismiss the original complaint for lack of personal jurisdiction, insufficiency of service of process, and failure to state a claim on which relief can be granted, or alternatively, to dismiss for improper venue or to transfer the case to the United States District Court for the Southern District of West Virginia. This motion became moot when plaintiff filed her First Amended Complaint and therefore will be denied. A similar motion to dismiss or transfer the First Amended Complaint will be resolved separately.
IV. The North Dakota Defendants' First Motion to Dismiss
The North Dakota defendants also moved to dismiss the First Amended Complaint for lack of personal jurisdiction and insufficiency of process after plaintiff mailed a copy of her complaint, without a summons, to the Solicitor General of the state. This motion likewise became moot when a proper summons was served by the United States Marshal. See Docket Number 41. These defendants have filed a second motion to dismiss, which will be resolved separately.
Accordingly, it is by the Court this 31st day of March, 2003
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