Starboard Attitude Trust et al v. FirstFleet Incorporated

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Starboard Attitude Trust, et al.,
Plaintiffs,
v.
FirstFleet Incorporated,
Defendant.
No. CV-25-03701-PHX-MTL
ORDER
The Court has considered Defendant’s Motion to Dismiss the Amended Complaint,
Plaintiff’s response, and the reply. (Doc. 20,24, 25) Defendant moves to dismiss on the
basis of res judicata, the time-honored legal doctrine holding that a plaintiff cannot
repeatedly assert legal claims that were, or could have been, asserted in a prior lawsuit. The
motion will be granted.
I
Plaintiff alleges that he is a healthcare provider who holds an assignment of claims
for his patient and healthcare plan participant Jeffrey Cagle. (Doc. 19 at 5) The claim is
brought against Defendant FirstFleet, Inc., which is alleged to be “the Plan Sponsor, Plan
Fiduciary, and Plan Administrator of a self-funded ERISA-governed health plan
administered by BlueCross Blue Shield of Tennessee.” (Id.) Plaintiff was an out-of-
network provider under this plan. (Id.) Plaintiff alleges that his claim to Defendant was
“misadjudicated as an in-network” insurance claim, rather than an out-of-network claim,
resulting in underpayment. (Id. at 7)
Case 2:25-cv-03701-MTL Document 30 Filed 12/30/25 Page 1 of 3

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This is the fifth time Plaintiff has asserted his claims against FirstFleet for the Cagle
assignment. The first lawsuit was adjudicated to finality by Senior District Judge James A.
Teilborg, resulting in a judgment of dismissal for Defendant. See Order of Dismissal and
Judgment of Dismissal, Wagoner v. First Fleet Inc., No. CV-22-00990-PHX-JAT (D. Ariz.
Jan 19, 2023) (Doc. 18, 19) (hereinafter “Wagoner I”).*
After voluntarily dismissing two other cases in this District, Plaintiff filed a fourth
lawsuit against FirstFleet concerning the Cagle claim. District Judge Diane J. Humetewa
granted FirstFleet’s motion to dismiss for res judicata and, as a sanction, invited Defendant
to file a motion for attorneys’ fees. Order of Dismissal, Wagoner v. FirstFleet Inc., No.
CV-25-02349-PHX-DJH (D. Ariz. Nov. 14, 2025) (Doc. 41) (hereinafter “Wagoner IV”).
II
“[C]laim preclusion (once referred to as res judicata) bars litigation in a subsequent
action of any claims that were raised or could have been raised in the prior action resulting
in a final judgment.” Quinn v. Cardenas, 256 Ariz. 77, 83 (App. 2023) (citation modified).
“[T]he doctrine of res judicata bars the relitigation of all events which occurred prior to
entry of judgment, and not just those acts that happened before the complaint was filed.”
Monterey Plaza Hotel Ltd. P’ship v. Loc. 483 of Hotel Emps. & Rest. Emps. Union, AFL-
CIO, 215 F.3d 923, 928 (9th Cir. 2000); Crosby-Garbotz v. Fell ex rel. Cnty. of Pima, 246
Ariz. 54, 59 (2019) (“Under claim preclusion, a final judgment may preclude later litigation
of other causes of action based on the transaction or series of transactions out of which an
action arises, considering whether the facts are related in time, space, origin, or
motivation.”) (citation modified).
Later claims are barred on res judicata grounds when “the earlier
suit . . . (1) involved the same claim or cause of action as the later suit, (2) reached a final
judgment on the merits, and (3) involved identical parties or privies.” Sidhu v. Flecto Co.,
279 F.3d 896, 900 (9th Cir. 2002) (citation modified). To assess whether two actions
involve the same claim, courts consider whether the two suits arise out of a common
* Judge Teilborg’s Order of Dismissal is available at 2023 WL 315282.
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nucleus of operative fact. Brownback v. King, 592 U.S. 209, 215 n.3 (2021); Mpoyo v.
Litton Electro-Optical Sys., 430 F.3d 985, 987 (9th Cir. 2005).
The Court refers to and adopts Judge Humetewa’s thoroughly reasoned res judicata
analysis in which Plaintiff’s claims were dismissed in Wagoner IV. In short, the Court finds
that the first factor—same claim or cause of action—is satisfied. The claims asserted in
Wagoner I, Wagoner IV, and this case all arise from Plaintiff’s billing dispute with
FirstFleet over the Cagle claim. The Court further finds that the second factor—final
judgment on the merits—is satisfied. Both Wagoner I and Wagoner IV resulted in a final
judgment on the merits in Defendant’s favor. As for the third factor—identical parties—
the Court finds that the parties are identical to the two prior lawsuits and that Plaintiff has
had a full and fair opportunity to litigate his claims. In this case, Plaintiff has attempted to
circumvent this factor by asserting claims on behalf of a trust as well as himself. But, as a
non-lawyer, Plaintiff cannot assert claims on behalf of his trust. See Alpha Land Co. v.
Little, 238 F.R.D. 497, 502 (E.D. Cal. 2006) (“A trust, for example, must be represented
by an attorney.”). Additionally, the Court finds that Plaintiff is the real party in interest
with respect to his trust and both will be considered functionally the same party under res
judicata. Thus, all the factors warrant dismissal.
IT IS THEREFORE ORDERED that the Motion to Dismiss (Doc. 20) is
GRANTED. The Clerk of Court must enter a judgment of dismissal and close this case.
IT IS FUTHER ORDERED that Defendant may move for attorneys’ fees and
related non-taxable expenses pursuant to LRCiv 54.2
IT IS FINALLY ORDERED that Plaintiff’s Motion for Leave to File Sur-Reply
(Doc. 27) is DENIED as moot.
Dated this 30th day of December, 2025.
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