Praeger

MEMORANDUM *

Rex Wentzel (‘Wentzel”) and Ralph Johnson (“Johnson”) (together “appellants”) initiated suit against their former employer, Computer Associates Interna *187 tional (“Computer Associates” or “appellee”), disputing their severance award pursuant to an amended severance policy. Appellants appeal a judgment in federal district court dismissing their action. Specifically, appellants argue that removal from California state court to federal court under the Employment Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1144 , was inappropriate. Appellants also contend that the district court erroneously dismissed this case on the basis of res judicata.

Removal to the federal district court was based upon the doctrine of “complete preemption,” whereby ERISA not only preempts but also displaces state law claims. See Metro. Life Ins. Co. v. Taylor, 481 U.S. 58 , 107 S.Ct. 1542 , 95 L.Ed.2d 55 (1987). This court has articulated a two-part test to assess complete preemption: (1) the state law claim must “relate to” an ERISA plan within the meaning of 29 U.S.C. § 1144 (a); and (2) the state law claim must fall within the scope of ERISA’s civil enforcement provisions,…