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Slip Opinion
D. Guam
2024
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Background

  • Dr. Sherif Philips, after losing his medical privileges in North Carolina following a malpractice suit, has filed numerous related lawsuits in both federal and state courts, most of which were dismissed.
  • In North Carolina, Philips was ordered to pay significant attorneys' fees to Pitt County Memorial Hospital (PCMH); this judgment was later enforced in Guam.
  • In this case, Philips sued Michael Berman and Daniel Berman, PCMH’s counsel in Guam, alleging due process violations, tort, fraud, and other claims.
  • The U.S. Magistrate Judge recommended dismissal of the complaint for lack of subject matter jurisdiction and failure to state a claim, and also recommended sanctions against Philips under Rule 11.
  • Philips objected to the Magistrate Judge’s Report & Recommendation (R&R), and filed motions for reconsideration and to strike the defendants' opposition briefs; all were denied by the district court.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Subject matter jurisdiction (Federal) Jurisdiction proper due to federal questions, notably due process violations under the Fifth/Fourteenth Amendments No federal question presented; defendants are private actors, not state/federal actors No federal question; no federal jurisdiction
Subject matter jurisdiction (Diversity) Diversity exists due to his alleged Florida domicile Plaintiff is domiciled in Guam, not Florida No diversity jurisdiction; Plaintiff domiciled in Guam
Failure to state a claim (12(b)(6)) Complaint states claims of fraud, harassment, FDCPA violation Allegations are conclusory, unsupported, and unclear Complaint does not state a claim
Sanctions under Rule 11 Claims are new and proper; sanctions undeserved Case is frivolous, improper purpose, harassment, relitigation Sanctions imposed for improper, frivolous filings
Leave to amend complaint Not directly addressed Amendment would be futile Leave to amend denied as futile
Motions to strike/Opposition filings Defendants' filings are meritless and malicious Filings are proper and relevant Motions to strike denied as meritless
Reconsideration (Rule 59) Magistrate’s rulings were erroneous No basis for reconsideration Motion for reconsideration denied

Key Cases Cited

  • Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365 (federal courts are courts of limited jurisdiction; plaintiff bears burden)
  • Ashcroft v. Iqbal, 556 U.S. 662 (pleadings must have factual content to state a claim)
  • Bell Atl. Corp. v. Twombly, 550 U.S. 544 (complaints require more than conclusory statements)
  • Sprewell v. Golden State Warriors, 266 F.3d 979 (conclusory allegations not sufficient to survive motion to dismiss)
  • Townsend v. Holman Consulting Corp., 929 F.2d 1358 (Rule 11 sanctions imposed for filings for improper purpose or frivolity)
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Case Details

Case Name: Philips v. Berman
Court Name: District Court, D. Guam
Date Published: Aug 19, 2024
Citations: 2024 WL 3859161; 1:23-cv-00017
Docket Number: 1:23-cv-00017
Court Abbreviation: D. Guam
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