Bohara

Bohara v. Backus Hospital Medical Benefit Plan

Good Law
390 F. Supp. 2d 957·2005 WL 2462051·36 Employee Benefits Cas. (BNA) 2175·2005 U.S. Dist. LEXIS 22402
United States District Court, Central District of CaliforniaSeptember 23, 2005CV04-7935 ABC (PLAX)California2,826 words

Opinion

Opinion

Collins, J.

Proceedings: ORDER RE: DEFENDANT’S MOTION TO DISMISS OR TRANSFER (In Chambers)

Pending before the Court is Defendant’s motion to dismiss or transfer the above-referenced action. The Court finds the motion appropriate for submission without oral argument. See Fed. R. Civ. Pro. 78; Local Rule 7-15. Accordingly, the Court hereby VACATES the September 26, 2005 hearing date. After review of the materials submitted by the parties and the case file, the Court hereby DENIES Defendant’s motion to dismiss or transfer.

I. FACTUAL AND PROCEDURAL HISTORY

Plaintiff June Bohara (“Plaintiff’), a resident of Connecticut, was a plan participant and/or beneficiary of the Backus Hospital Medical Benefit Plan (“Defendant”), an employee welfare benefit plan established pursuant to the Employee Retirement Income Security Act (“ERISA”). (See First Amended Complaint (“FAC”) ¶4.) Health Net, Inc. (“Health Net”) acted as a claims review fiduciary for Defendant. (See id. ¶ 9.) Value Options acted as a “managed care” agent and claims administrator for Health Net and Defendant. (See id. ¶ 11.)

On September 27, 2002, Plaintiff was admitted to Pacific Shores Hospital (“the Hospital”), located in California.…

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