US Care, Inc. v. Pioneer Life Ins. Co. of Ill.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

The instant action arises out of a previous action, U.S. Care, Inc. v. Pioneer Life Ins., et al., C.D. Cal. Case No. CV 99-5480 NM (Ex), currently pending before the Ninth Circuit (“the Underlying Action”). The Underlying Action arose out of a series of individual long term care insurance policies underwritten by Defendant Pioneer Life Insurance Co. (“Pioneer”), pursuant to a Management Agreement for Long Term Care Insurance (“the Management Agreement”) with Plaintiff U.S. Care (“Plaintiff’). On May 18, 1999, Plaintiff filed the Underlying Action in state court, naming Pioneer and Conseco Services, L.L.C. (“Conseco”) as defendants. Pioneer subsequently removed the Underlying Action to federal court. Pursuant to the terms of the Management Agreement, Judge Carlos Moreno stayed the Underlying Action pending mediation and binding arbitration. Judge Moreno subsequently confirmed the arbitration award, and Plaintiff appealed. During the pendency of the appeal, Plaintiff alleges it discovered evidence that requires the vacatur of the arbitration award.

Initially, Plaintiff filed an ex parte application seeking a Crateo…