Trustees on Behalf of Teamsters Benefit Trust v. Doctors Medical Center of Modesto, Inc.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS (Docket No. 5)

A hearing was conducted on Defendant’s motion to dismiss on August 27, 2003. Matthew Morbello of Beeson, Taylor & Bodine appeared on behalf of Plaintiff and Carrie McLain of Ralph Helton & Associates appeared on behalf of Defendant. Based on the Court’s review of the record in .this case, as well as the moving papers, accompanying declarations and oral argument, and good cause appearing therefor, the Court GRANTS Defendant’s motion to dismiss.

I. FACTUAL BACKGROUND

Plaintiff Trustees on Behalf of the Teamsters Benefit Trust (“Plaintiff Fund”) filed this ERISA equitable restitution action against Defendant Doctor’s Medical Center of Modesto Inc. (“DMC”) for $63,717.05 in overpayment for the five-day inpatient treatment of a participant covered by the Plaintiff Fund during August 2001. DMC is within the Interplan network of health care providers, and Plaintiff Fund’s participants who obtain medical services from Interplan providers are entitled to discounted rates established between Interplan and DMC. Complaint ¶ 5. DMC allegedly billed Plaintiff $130,115.40 for “trauma” services performed on Glen Nolan, and was paid…