Los Altos Surgery Center, LP v. Anthem Blue Cross Life and Health Insurance Company

Filing 33

ORDER GRANTING STIPULATED REMAND re 32 Stipulation, filed by Anthem Blue Cross Life and Health Insurance Company. Signed by Judge Alsup on June 26, 2012. (whalc1, COURT STAFF) (Filed on 6/26/2012)

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Kurt C. Peterson (SBN 83941)
[e-mail]
Kenneth N. Smersfelt (SBN 166764)
[e-mail]
REED SMITH LLP
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071
Telephone:
[phone]
Facsimile:
[phone]
Karen A. Braje (SBN 193900)
[e-mail]
Christopher C. Foster (SBN 253839)
[e-mail]
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
Anthem Blue Cross Life and Health Ins. Co.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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LOS ALTOS SURGERY CENTER, LP, a
California limited partnership,
Plaintiff,

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vs.
ANTHEM BLUE CROSS LIFE AND HEALTH
INSURANCE COMPANY; and DOES 1-25,
inclusive,

Case No.: CV 12-02124 WHA
[PROPOSED] ORDER DISMISSING
PLAINTIFF’S ERISA CLAIMS WITH
PREJUDICE AND REMANDING
PLAINTIFF’S FIRST AMENDED
COMPLAINT TO STATE COURT
Compl. Filed:

Defendants.
Trial Date:

March 23, 2012
(Santa Clara County Superior
Court, Case No. 112-CV221326)
Not Yet Set

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[Proposed] Order Dismissing Plaintiff’s ERISA Claims And Remanding Plaintiff’s First Amended Complaint To State
Court

Before the Court is a Stipulated Request between the Parties, Plaintiff Los Altos Surgery

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Center, LP (“LASC”) and Defendant Anthem Blue Cross Life and Health Insurance Company

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(“Anthem Blue Cross Life and Health”). LASC’s original Complaint asserted claims against

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Anthem Blue Cross Life and Health based on an alleged assignment of rights from a patient (the

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“Patient”) under the Benefits Agreement between the Patient and Anthem Blue Cross Life and

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Health. LASC’s First Amended Complaint purports to assert only claims that exist directly between

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LASC and Anthem Blue Cross Life and Health, and not on any assignment of rights to LASC by the

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Patient. LASC has moved to remand the case to state court, though the Parties agree that the

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Benefits Agreement are subject to the Employee Retirement Income Security Act of 1974, as

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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amended, 29 U.S.C. §§ 1001 et. seq. (“ERISA”) and that any claims by LASC against Anthem Blue

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Cross Life and Health based on an assignment of rights under the Benefits Agreement are preempted

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by federal law.
Having considered the papers and GOOD CAUSE APPEARING, the Court hereby

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ORDERS as follows:
(1)

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Plaintiff LASC’s claims against Anthem Blue Cross Life and Health are hereby

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DISMISSED WITH PREJUDICE, to the extent the claims are based on any assignment of rights

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from the Patient to LASC under the Benefits Agreement, on the basis of federal preemption as

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provided by ERISA under 29 U.S.C. § 502, and as articulated in Cedars-Sinai Med. Ctr. v. Nat’l

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League of Postmasters of United States, 497 F.3d 972, 978 (9th Cir. 2007).
(2)

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Plaintiff’s case is hereby remanded to the Superior Court of California, County of

Santa Clara.
(3)

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Anthem Blue Cross Life and Health shall have fourteen (14) days from the date of

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this Order to file a responsive pleading to the First Amended Complaint in state court.

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-1[Proposed] Order Dismissing Plaintiff’s ERISA Claims And Remanding Plaintiff’s First Amended Complaint To State
Court

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IT IS SO ORDERED.

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DATED:

June 26, 2012.

.
The Honorable William Alsup
U.S. District Court for the Northern District of
California

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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-2[Proposed] Order Dismissing Plaintiff’s ERISA Claims And Remanding Plaintiff’s First Amended Complaint To State
Court