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Thc-Orange County, Inc. v. National Association of Letter

May 9, 2011

THC-ORANGE COUNTY, INC.
v.
NATIONAL ASSOCIATION OF LETTER CARRIERS HEALTH BENEFIT PLAN



The opinion of the court was delivered by: Honorable Andrew J. Guilford

CIVIL MINUTES - GENERAL

Title

Present: The Honorable ANDREW J. GUILFORD

Lisa Bredahl Not Present

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Proceedings: [IN CHAMBERS] ORDER REMANDING CASE

This case involves a contractual dispute between a health care provider and a sponsor of a health plan (the "Plan"). Plaintiff THC-Orange County, Inc. ("Plaintiff"), alleges that Defendant National Association of Letter Carriers Health Benefit Plan ("Defendant") breached a contract between the parties. Plaintiff filed this case in state court, bringing state law causes of action for breach of contract and negligent misrepresentation. Defendant later removed this case to federal court based on federal question jurisdiction, arguing that although Plaintiff brought state law causes of action, these causes of action are preempted by federal law. This Court had concerns as to whether it had subject matter jurisdiction over the case, and therefore it Ordered Defendant to Show Cause ("OSC") why this case should not be remanded.

After reviewing all papers and arguments submitted, the Court finds that subject matter jurisdiction is lacking, and therefore the Court REMANDS the case to Orange County Superior Court.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. SACV 11-518 AG (MLGx)

Date May 9, 2011

Title

THC-ORANGE COUNTY, INC. v. NATIONAL ASSOCIATION OF LETTER CARRIERS ...


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