That provision regulates providers, not consumers. See Cent. United Life, Inc. v. Burwell , 128 F.Supp.3d 321, 329 (D.D.C. 2015) (“The only reasonable interpretation of that sentence is that the statute looks to the seller's conduct—are they offering the ostensibly excepted benefits in tandem with other benefits?—and not the buyer's. The statute allows for the possibility of a buyer possessing other coverage but does not require it.”). Another part of the PHSA addresses “coordination” with language that corroborates this reading.
(“Recoverable monetary loss may constitute irreparable harm only where the loss threatens the very existence of the movant's business.”); Central United Life, Inc. v. Burwell, 128 F.Supp.3d 321, 329 (D.D.C. 2015), aff'd sub nom. Central United Life Ins. Co. v. Burwell, 827 F.3d 70 (D.C. Cir. 2016).
In other words, Sprint is not "rely[ing] on [its] own wrongful conduct to recover." Goben, 676 P.2d at 97; see also Cent. United Life, Inc. v. Burwell, 128 F. Supp. 3d 321, 330 (D.D.C. 2015), aff'd sub nom. Cent. United Life Ins. Co. v. Burwell, 827 F.3d 70 (D.C. Cir. 2016) (concluding doctrine of unclean hands was inapplicable because there was "no causal relationship" between wrongful conduct and controversy).
As such, the court declines to dismiss Plaintiffs' Complaint under Rule 12(b)(5) because of such a nuanced issue involving a Senior Master, but orders Plaintiffs to properly serve Defendant Hynie pursuant to the Hague Convention and Civil Procedure Rules of the United Kingdom within one hundred twenty (120) days. SeeCent. United Life, Inc. v. Burwell , 128 F.Supp.3d 321, 326 (D.D.C. 2015) ("Dismissing plaintiffs' Complaint without prejudice for lack of standing and waiting for them to refile would be pointless."); Mitchell , 516 F.Supp.2d at 458 (providing plaintiffs with one hundred twenty (120) days to properly serve a foreign defendant and to "ensure that the case proceeds in a timely manner").
Finally, the public interest plainly favors injunctive relief. "Forcing federal agencies to comply with the law is undoubtedly in the public interest[.]" Cent. United Life, Inc. v. Burwell, 128 F. Supp. 3d 321, 330 (D.D.C. 2015). Additionally, "[t]he public interest is, no doubt, served by a transparent government."
It is evident that "[t]here is generally no public interest in the perpetuation of unlawful agency action." Newby, 838 F.3d at 12 (citing Pursuing Am.'s Greatness, 831 F.3d at 505 (D.C. Cir. 2016) ); see also Central United Life, Inc. v. Burwell, 128 F.Supp.3d 321, 330 (D.D.C. 2015), aff'd, 827 F.3d 70 (D.C. Cir. 2016) ("Forcing federal agencies to comply with the law is undoubtedly in the public interest."). The inverse is also true: "there is a substantial public interest in ‘having governmental agencies abide by the federal laws that govern their existence and operations.’ "
Finally, the public interest favors granting equitable relief. "Forcing federal agencies to comply with the law is undoubtedly in the public interest[.]" Cent. United Life, Inc. v. Burwell , 128 F.Supp.3d 321, 330 (D.D.C. 2015). Additionally, "[t]he public interest is, no doubt, served by a transparent government."