Reasoner

MEMORANDUM DECISION AND ORDER

Defendant AETNA’S motion to dismiss all DOE defendants and plaintiffs’ motion for remand came on for hearing on June 11, 1984. David D. Martin appeared on behalf of the plaintiffs; Mary Lynne Perry appeared on behalf of defendant AETNA. Having considered the pleadings, the papers submitted in support of and in opposition to the motions, and the oral argument of counsel, the court hereby denies AETNA’S motion to dismiss and grants plaintiffs' motion for remand.

FACTS

Plaintiffs filed suit against AETNA and DOES 1 through 100 in California Superior Court for breach of statutory duties imposed by California Insurance Code § 790.-03. AETNA then removed the case to federal court based on diversity of citizenship. Plaintiffs are citizens of California; AETNA is a citizen of Connecticut.

The DOE defendants are identified in the complaint as “agents, employees or servants” of a defendant and as “individuals and entities engaged in the business of insurance.” Complaint, Till 4, 18. More specifically, plaintiffs indicate that some of the DOEs are AETNA claims processors. Id. at ¶ 17. AETNA seeks dismissal of all DOE defendants on the ground that no cause of…