Alpha Thirteen, LLC v. Geico Casualty Company, Progressive Preferred Insurance Company, and Amberly Montanez

Alpha Thirteen · United States District Court for the District of Utah · May 26, 2026 · No. 2:25-cv-00488-DBB-DBP

Summary

The United States District Court for the District of Utah considers claims by Alpha Thirteen, LLC, an assignee of an independent physician association, seeking double damages and subrogation under the Medicare Secondary Payer Act for conditional Medicare Advantage payments arising from an automobile accident. The court analyzes personal jurisdiction over Progressive Preferred Insurance Company and GEICO Casualty Company, as well as standing and subject-matter jurisdiction. The decision grants the defendants’ motions to dismiss and Amberly Montanez’s motion for judgment on the pleadings.

Holdings

  1. Alpha Thirteen made a prima facie showing of specific personal jurisdiction because Progressive and GEICO purposefully directed conduct toward Utah and Alpha's reimbursement claims were sufficiently related to those Utah contacts. The defendants did not make a compelling showing that exercising jurisdiction would be unreasonable.
  2. Alpha Thirteen failed to establish standing because it did not plead sufficient facts connecting the alleged injury to Humana, the Medicare Advantage organization, or explaining how MDX Hawaii acquired Humana's rights. A bare assertion that MDX assumed Humana's responsibilities was an inadequate legal conclusion.
  3. The defendants' motions were granted, and Alpha Thirteen's claims were dismissed without prejudice because the complaint failed to establish subject matter jurisdiction through adequately pleaded standing.

Questions Presented

  1. Whether Progressive and GEICO were subject to specific personal jurisdiction in Utah based on their insurance policies, the Utah automobile accident, settlement payments, and related contacts with Utah.
  2. Whether Alpha Thirteen adequately established Article III standing by pleading a valid assignment and a factual connection between Humana, MDX Hawaii, and the defendants.
  3. Whether the defendants' motions to dismiss and motion for judgment on the pleadings should be granted.

Disposition

dismissed

Cases Cited (41)

  • Thomas Jefferson University v. Shalala, 512 U.S. 504, 506 (1994)(followed)
  • Aetna Life Insurance Co. v. Big Y Foods, Inc., 52 F.4th 66, 68-69 (2d Cir. 2022)(followed)
  • MaxMed Healthcare, Inc. v. Price, 860 F.3d 335, 337 (5th Cir. 2017)(followed)
  • MSP Recovery Claims, Series LLC v. ACE American Insurance Co., 974 F.3d 1305, 1308-10 (11th Cir. 2020)(followed)
  • Pfenninger v. Exempla, Inc., 116 F. Supp. 2d 1184, 1187-88 (D. Colo. 2000)(followed)
  • Humana Medical Plan, Inc. v. Western Heritage Insurance Co., 880 F.3d 1229, 1291-92 (11th Cir. 2018)(followed)
  • Bio-Medical Applications of Tennessee, Inc. v. Central States Southeast & Southwest Areas Health & Welfare Fund, 656 F.3d 277, 278 (6th Cir. 2011)(followed)
  • Parra v. PacifiCare of Arizona, Inc., 715 F.3d 1146, 1152 (9th Cir. 2013)(followed)
  • In re Avandia Marketing, Sales Practices & Products Liability Litigation, 685 F.3d 353, 359 (3d Cir. 2012)(followed)
  • Abdi v. Wray, 942 F.3d 1019, 1025 (10th Cir. 2019)(followed)

Showing top 10 of 41.

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