Hagan

ORDER GRANTING MOTION TO REMAND

I. INTRODUCTION

This suit involves a dispute between Plaintiff John M. Hagan (“Hagan” or “Plaintiff’) and Defendants California Physicians’ Service and Blue Shield of California Life and Health Insurance Co. (collectively “Blue Shield” or “Defendants”). Blue Shield removed this action to federal court after it discovered what it believed to be a basis for federal question jurisdiction. See Docket No. 1 (“Notice of Removal”). The Court is now considering Hagan’s Motion to Remand (“Motion”). Docket No. 12. Blue Shield has submitted an Opposition, and Hagan has submitted a Reply. Docket Nos. 16, 19. In addition, Blue Shield has submitted a surreply, coupled with an ex parte motion for permission to file this surreply. Docket Nos. 20. Having considered the submissions from both parties, the Court finds that remand is appropriate, and GRANTS Hagan’s Motion.

II BACKGROUND

This is an insurance dispute between Hagan and Blue Shield, who issued a health insurance policy that covered Hagan and his wife on July 1, 2005. See Notice of Removal Ex. F (“FAC”) ¶ 14. Hagan claims that his wife was diagnosed with a rare form of adenocarcinoma around February of…