Kevin Massey v. Riverside University Health Systems-Medical Center

I. BACKGROUND

On June 4, 2020, Plaintiff filed his Complaint in the Superior Court of the State of California for the County of Riverside against Defendants Riverside University Health Systems – Medical Center, CMRE Financial Services, Inc., Anthem Blue Cross, and Does 1 through 100. (“Complaint,” Dkt. No. 1-1.) The Complaint alleges one cause of action for declaratory relief. (Compl. ¶ 18.)

On July 20, 2020, Defendant Anthem Blue Cross removed the action to federal court, arguing that Plaintiff’s claims are completely preempted by Section 502(a)(1)(B) of the Employee Retirement Income Security Act (“ERISA”). (“Notice of Removal,” Dkt. No. 1.) In support of its Notice of Removal, Anthem filed the Declaration of Jenna U. Nguyen (“Nguyen Declaration,” Dkt. No. 1-3), and the Declaration of Kathi Loppnow (“Loppnow Declaration,” Dkt. No. 1-5).

Defendant filed the MTD on July 27, 2020. Because Plaintiff did not file an opposition by the August 3, 2020 deadline, Anthem Blue Cross filed a notice and reply to Plaintiff’s non- opposition on August 10, 2020. (“MTD Reply,” Dkt. No. 10.) On August 11, 2020, Plaintiff filed the MTR,1 along with two supporting declarations: the…