Case 2:22-cv-05665-DMG-KS Document 12 Filed 10/21/22 Page 1 of 1 Page ID #:104

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 22-5665-DMG (KSx) Date October 21, 2022

Title Healthcare Ally Mgmt. of Cal., LLC v. The J. Paul Getty Trust Page 1 of 1

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present

Proceedings: [IN CHAMBERS] ORDER TO SHOW CAUSE WHY THIS ACTION

SHOULD NOT BE REMANDED TO STATE COURT FOR LACK OF

SUBJECT MATTER JURISDICTION

On August 11, 2022, Defendant, The J. Paul Getty Trust, filed a notice of removal of the Complaint, which asserts state law claims and was filed in the Los Angeles County Superior Court. [Doc. # 1.] Defendant claims that this Court has subject matter jurisdiction over the Complaint because Section 502(a) of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132(a)(1)(B), completely preempts Plaintiff’s claims, where those claims seek recovery of benefits under an ERISA-governed health plan. [Doc. # 1 at 2.]

The Court is not persuaded that complete preemption applies here. Therefore, the Court directs Defendant to show cause why this case should not be remanded to state court for lack of subject matter jurisdiction. See 28 U.S.C. § 1447(c). By November 4, 2022, Defendant shall file a brief not to exceed 10 pages explaining why this Court has subject matter jurisdiction over the Complaint. Defendant shall address Marin General Hospital v. Modesto & Empire Traction Co., 581 F.3d 941 (9th Cir. 2009), and any other applicable authority. Plaintiff shall file any responsive brief, which shall not exceed 10 pages, by November 18, 2022. Defendant may file a reply brief not to exceed 5 pages on or before November 25, 2022.

IT IS SO ORDERED.

CV-90 CIVIL MINUTES—GENERAL Initials of Deputy Clerk KT