Dr. Robert L. Meinders, D.C. Ltd. v. UnitedHeathCare, Inc.

Dist. Ct. erred in dismissing on lack of venue grounds plaintiff’s action alleging that defendant sent plaintiff unsolicited junk faxes in violation of Telephone Consumer Protection Act, where basis for dismissal was Dist. Ct.’s belief that Dist. Ct. was wrong forum to resolve instant dispute, since plaintiff had entered into “Provider Agreement” with defendant’s subsidiary that would exempt instant faxes, and since said agreement contained arbitration clause, which defendant was entitled to enforce under assumption theory. Defendant did not raise arbitration clause issue until it filed reply to plaintiff’s response to its motion to dismiss, and Dist. Ct. improperly granted motion without giving plaintiff adequate opportunity to respond to said argument. As such, Dist. Ct. should have allowed plaintiff to file sur-reply, and plaintiff is entitled to remand for opportunity to take discovery for purposes of reconsideration of said issue.