Roessert
Roessert v. Health Net
Opinion
Opinion
Patel, J.
MEMORANDUM AND ORDER
Plaintiffs, Patricia and Albert Roessert, participants in Bank of America’s (“BOA”) employee health benefits program, filed a complaint in Contra Costa Superior Court alleging general and medical negligence in defendants’ treatment of Patricia Roessert. Defendants Hill and Health Net timely removed to this court pursuant to 28 U.S.C. § 1446 (a) on the grounds that the claims against them were preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”) and that ERISA confers federal question jurisdiction on this court. Now before the court are motions by all the named defendants to dismiss the amended complaint for failure to state a claim and a cross-motion by plaintiffs to remand the action to state court.
Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court enters the following memorandum and order.
BACKGROUND
Patricia and Albert Roessert both worked for BOA when BOA contracted with Health Net to provide medical and health insurance coverage to its employees. Plaintiffs do not dispute that the BOA plan is an employee benefit plan governed by ERISA. Health Net is a federally qualified…