Ramin M. Roohipour, M.D., Inc. v. ILWU-PMA Welfare Plan

I. BACKGROUND

This case follows a recent action by Plaintiff in which Plaintiff sought to recover payments from Defendant for treatments provided to six ILWU-PMA Welfare Plan (“Plan”) participants. Ramin M. Roohipour M.D., Inc., v. Zenith American Sols., Inc., et al., No. 2:18-CV-09621-AB (Ex), 2019 WL 4390569 (C.D. Cal. June 25, 2019) (“Roohipour I’). In Roohipour I, Plaintiff brought six claims

CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk CB

against Defendant under both the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., and under state law for breach of contract, breach of the covenant of good faith and fair dealing, and violation of unfair competition law. There, Defendant argued that “even if Plaintiff was validly assigned the rights to ERISA benefits from Assignors, the Plan prohibits participants and beneficiaries from assigning benefits or interest under the Plan for any purpose.” Roohipour I, 2019 WL 4390569, at *7. This Court agreed, and on June 25, 2019 dismissed Plaintiff’s Complaint in Roohipour I with prejudice. Id. at *10. This Court held that Plaintiff lacked standing to sue…