Prime Healthcare Services-Shasta, LLC v. Regence Blue Cross Blue Shield of Oregon

Filing 8

RELATED CASE ORDER signed by Judge Garland E. Burrell, Jr on 11/22/11 ORDERING that case numbers 11cv2665 thru 2670 and case 11cv2691 be related and assigned to Judge Garland E. Burrell, Jr. and Magistrate Judge Carolyn K. Delaney. REMANDING CASE to California Superior Court, County of Shasta. Copy of remand order sent to other court. CASE CLOSED. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited
liability company doing business
as Shasta Regional Medical
Center,
Plaintiff,

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v.
BLUE CROSS-BLUE SHIELD OF
ALABAMA, an Alabama corporation;
and DOES 1 through 100,
Inclusive,
Defendant.
________________________________
PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited
liability company doing business
as Shasta Regional Medical
Center,
Plaintiff,

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v.
REGENCE BLUE CROSS CLUE SHIELD
OF OREGON, an Oregon
Corporation, and DOES 1 through
100, Inclusive,
Defendant.
________________________________
PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited
liability company doing business
as Shasta Regional Medical
Center,

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Plaintiff,
v.

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2:11-cv-02644-GEB-CKD
RELATED CASE ORDER; AND ORDER
REMANDING CASES

2:11-cv-02665-JAM-CMK

2:11-cv-02666-MCE-CMK

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BCBST, INC., a Tennessee
Corporation; and DOES 1 through
100, Inclusive,
Defendant.
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PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited
liability company doing business
as Shasta Regional Medical
Center,
Plaintiff,

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v.
HIGHMARK BLUE CROSS CLUE SHIELD
OF PENNSYLVANIA, a Pennsylvania
Corporation; and DOES 1 through
100, Inclusive,
Defendant.
________________________________
PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited
liability company doing business
as Shasta Regional Medical
Center,

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Plaintiff,
v.
PREMERA BLUE CROSS, a Washington
Corporation; and DOES 1 through
100, Inclusive,
Defendant.
________________________________
PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited
liability company doing business
as Shasta Regional Medical
Center,

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Plaintiff,
v.
HEALTH CARE SERVICE CORPORATION,
a Mutual Legal Reserve Company,
doing business as Blue Cross
Blue Shield of Illinois, Blue
Cross Blue Shield of Texas, Blue

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2:11-cv-02667-JAM-CMK

2:11-cv-02668-MCE-CMK

2:11-cv-02669-MCE-CMK

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Cross Blue Shield of New Mexico,
Blue Cross Blue Shield of
Oklahoma; and DOES 1 through
100, Inclusive,

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Defendant.
________________________________

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PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited
liability company doing business
as Shasta Regional Medical
Center,

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Plaintiff,
v.
BCBSM, INC., a Minnesota
Corporation; and DOES 1 through
100, Inclusive,
Defendant.
________________________________
PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited
liability company doing business
as Shasta Regional Medical
Center,

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Plaintiff,
v.

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BLUE CROSS BLUE SHIELD OF NORTH
CAROLINA, a North Carolina
Corporation, and DOES 1 through
100, Inclusive,

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Defendant.
________________________________

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2:11-cv-02670-JAM-CMK

2:11-cv-02691-GEB-CMK

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A “Notice of Related Cases” document has been filed in which

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it is asserted that the above-captioned actions concern “the same or

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substantially related . . . or similar questions of law and fact[.]”

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The above-captioned actions are related within the meaning of

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Local Rule 123. Under the regular practice of this Court, related cases

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are generally assigned to the judge and magistrate judge to whom the

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first filed case was assigned.

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Therefore, actions 2:11-cv-02665-JAM-CMK, 2:11-cv-02666-MCE-

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CMK, 2:11-cv-02667-JAM-CMK, 2:11-cv-02668-MCE-CMK, 2:11-cv-02669-MCE-

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CMK, and 2:11-cv-02670-JAM-CMK are reassigned to Judge Garland E.

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Burrell, Jr., and to Magistrate Judge Carolyn K. Delaney. Further, 2:11-

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cv-02691-GEB-CMK is reassigned to Magistrate Judge Delaney. Henceforth

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the caption on any document filed in the reassigned actions shall

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include the following initials: “GEB-CKD.”

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The Clerk of the Court shall make appropriate adjustment in
the assignment of civil cases to compensate for these reassignments.

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Further, the Court sua sponte considers whether subject matter

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removal jurisdiction exists. Each case was removed from state court on

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the basis of diversity removal jurisdiction, which has not been shown to

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exist.

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“There is a strong presumption against removal jurisdiction,

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and the removing party has the burden of establishing that removal is

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proper.” Lindley Contours, LLC v. AABB Fitness Holdings, Inc., 2011 WL

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398861,

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omitted). Although the basis of removal of each case is asserted to be

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diversity jurisdiction, the removant has not sufficiently alleged the

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citizenship

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Services-Shasta, LLC. “For purposes of diversity jurisdiction, . . . a

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limited liability corporation is a citizen of all of the states of which

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its owners/members are citizens. . . . [;and,] the citizenship of all

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members of limited liability corporations . . . [must] be alleged.” Id.

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Since the removant has failed to show diversity of citizenship

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removal jurisdiction, each case is remanded to the California Superior

at

*1

of

(9th

all

Cir.

Feb.

8,

owners/members

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2011)

of

(internal

Plaintiff

quotation

Prime

marks

Healthcare

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Court in the County of Shasta, from which it was removed, as required by

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28 U.S.C. § 1447(c) for lack of subject matter jurisdiction under 28

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U.S.C. § 1332(a)(1).

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IT IS SO ORDERED.
Dated:

November 22, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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