Bay Area Surgical Management, LLC v. Anthem Blue Cross Life and Health Insurance Company

Filing 31

Order by Hon. Lucy H. Koh granting 29 Stipulation Dismissing Plaintiff's ERISA Claims with Prejudice and Remanding Plaintiff's Second Amended Complaint to State Court.(lhklc3S, COURT STAFF) (Filed on 7/3/2012)

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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 JOSE DIVISION

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BAY AREA SURGICAL MANAGEMENT,
LLP, a limited liability company,
Plaintiff,

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

Case No.: CV 12-02123 LHK
[PROPOSED] ORDER DISMISSING
PLAINTIFF’S ERISA CLAIMS WITH
PREJUDICE AND REMANDING
PLAINTIFF’S SECOND AMENDED
COMPLAINT TO STATE COURT
Compl. Filed:

Defendants.
Trial Date:

February 21, 2012
(Santa Clara County Superior
Court, Case No. 112-CV218474)
Not Yet Set

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[Proposed] Order Dismissing Plaintiff’s ERISA Claims With Prejudice and Remanding Plaintiff’s Second Amended
Complaint to State Court

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Before the Court is a Stipulated Request between the Parties, Plaintiff Bay Area Surgical

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Company (“Anthem Blue Cross Life and Health”). BASM’s state court First Amended Complaint

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asserted claims against Anthem Blue Cross Life and Health based on an alleged assignment of rights

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from a patient (the “Patient”) under the Benefits Agreement between the Patient and Anthem Blue

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Cross Life and Health. BASM’s Second Amended Complaint purports to assert only claims that

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exist directly between BASM and Anthem Blue Cross Life and Health, and not on any assignment of

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rights to BASM by the Patient. BASM has moved to remand the case to state court, though the

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Parties agree that the Benefits Agreement are subject to the Employee Retirement Income Security

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REED SMITH LLP

Management LLP (“BASM”) and Defendant Anthem Blue Cross Life and Health Insurance

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A limited liability partnership formed in the State of Delaware

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Act of 1974, as amended, 29 U.S.C. §§ 1001 et. seq. (“ERISA”) and Anthem Blue Cross Life and

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Health asserts that any claims by BASM against Anthem Blue Cross Life and Health based on an

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assignment of rights under the Benefits Agreement are preempted 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 BASM’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 BASM 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 Second Amended Complaint in state court.

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-1[Proposed] Order Dismissing Plaintiff’s ERISA Claims With Prejudice and Remanding Plaintiff’s Second Amended
Complaint to State Court

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IT IS SO ORDERED. The Clerk shall close the file.

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DATED:

July 3, 2012

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The Honorable Lucy H. Koh
U.S. District Court Judge 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 With Prejudice and Remanding Plaintiff’s Second Amended
Complaint to State Court