Chan v. United Healthcare Oxford
- Ronnie Abrams
- 1:22-cv-02480
- U.S. District Court · Southern District of New York
- 2
In Chan v. United Healthcare Oxford, Judge Abrams dismissed Chan’s case for lack of federal subject-matter jurisdiction after adopting an unchallenged recommendation.
Lap-Sun Chan’s action against United Healthcare Oxford and certain of its customer service employees was dismissed because the court found it lacked federal subject-matter jurisdiction.
What happened
Lap-Sun Chan sued United Healthcare Oxford and certain customer service employees, alleging “unprofessional and disgusting behavior.” He cited two statutory provisions involving psychological abuse against patients and medical malpractice.
A magistrate judge recommended dismissing the case because the federal court lacked subject-matter jurisdiction. No party objected to that recommendation, so the district court reviewed it for clear error.
Judge Ronnie Abrams found no clear error, adopted the recommendation in full, and dismissed Chan’s complaint for lack of federal subject-matter jurisdiction. The clerk was directed to close the case and mail Chan a copy of the order.
The detailed version
- Chan v. United Healthcare Oxford · No. 1:22-cv-02480
- Ronnie Abrams
- July 20, 2022
Background
Lap-Sun Chan brought the action against United Healthcare Oxford and certain of its customer service employees. He alleged “unprofessional and disgusting behavior.” The amended complaint asserted violations of “Section 488 Social Services (SOS) Chapter 55, Article 11, which cites psychological abuse against patients,” and 22 U.S.C. § 2702, which the opinion describes as governing medical malpractice actions.
Recommendation and review
Magistrate Judge Moses issued a May 31, 2022 Report and Recommendation advising dismissal under Federal Rule of Civil Procedure 12(b)(1). That rule allows dismissal when the federal court lacks subject-matter jurisdiction, meaning authority to hear the type of dispute presented. No party filed objections. Because there were no objections, Judge Abrams reviewed the recommendation for clear error—an obvious mistake apparent from the record.
Ruling
Judge Abrams found no error and adopted the Report and Recommendation in its entirety. The court dismissed Chan’s complaint for lack of federal subject-matter jurisdiction. The clerk was directed to terminate the case and mail Chan a copy of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.