Prime Healthcare Huntington Beach, LLC v. Scan Health Plan

Proceedings: Defendants’ Motion to Dismiss

Plaintiffs’ Motion to Remand Action to State Court and Request for Costs and Expenses Pursuant to 28 U.S.C. § 1447 (c) [12]

Cause called and counsel make their appearances. The Court tentative ruling is issued. Counsel argue motion. The Court grants in part SCAN’s Motions to Dismiss under Rule 12(b)(1), rendering SCAN’s Motions to Dismiss under Rule 12(b)(6) and Plaintiffs’ Motion to Remand moot, and rules in accordance with the tentative ruling as follows:

Before the Court are three identical Motions to Remand to State Court brought in three related cases by three different plaintiffs: Prime Healthcare Huntington *1227 Beach, LLC, Prime Healthcare Services-Garden Grove, LLC, and Prime Healthcare La Palma, LLC (collectively, “Plaintiffs”). Case No. 16-1226, Dkt. 12; Case No. 16-1247, Dkt. 14; Case No. 16-1284, Dkt. 15 (collectively, the “Motions to Remand”).

Also before the Court are three identical Motions to Dismiss filed by Defendant SCAN Health Plan (“SCAN”), based on lack of subject matter jurisdiction (Federal Rule of Civil Procedure 12(b)(1)) and failure to state a claim for relief (Federal Rule of Civil Procedure 12(b)(6)).…