Aaron Filler v. Blue Cross of California

MEMORANDUM

Dr. Aaron Filler, the Image Based Sur-gicenter, Inc., and Neurography Institute Medical Associates, APC (collectively, “Filler”) appeal the dismissal of their complaint against Blue Cross of California, Anthem Blue Cross, and Anthem Blue Cross Life and Health Insurance Company (collectively, “Blue Cross”). On appeal, Filler challenges only the subject matter jurisdiction of the district court over this removed action. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

1. Section 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974, Pub.L. No. 93-406, 88 Stat. 829, 891 (“ERISA”), provides that “[a] civil action may be brought — (1) by a participant or beneficiary — ... (B) to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan.” 29 U.S.C. § 1132 (a)(1)(B). If a plaintiff asserting a state law cause of action “at some point in time, could have brought his claim under ERISA § 502(a)(1)(B),” and “there is no other independent legal duty that is implicated by a defendant’s actions,” § 502(a)(1)(B) completely preempts the…