Community Hospital of The Monterey Peninsula v. Office of Personnel Management

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

9 COMMUNITY HOSPITAL OF THE MONTEREY Case No.: 20-CV-9320 YGR

PENINSULA,

ORDER DENYING MOTION TO DISMISS;

11 Plaintiff, REFERRING TO MAGISTRATE JUDGE FOR

SETTLEMENT CONFERENCE; SETTING CASE

12 v. MANAGEMENT CONFERENCE

OFFICE OF PERSONNEL MANAGEMENT, DKT. NO.

Defendant. 14 Plaintiff Community Hospital of the Monterey Peninsula (“Community Hospital”) brings 16 this action against defendant Office of Personnel Management (“OPM”) alleging a single claim for 17 recovery of plan benefits under the Federal Employees Health Benefit Act of 1959 (“FEHBA”), 5 18 U.S.C. § 8904. OPM filed a motion to dismiss under Rule 12(b)(1) of the Federal Rules of Civil 19 Procedure on the grounds that the Court lacks subject matter jurisdiction due to Community 20 Hospital’s failure to allege a waiver of sovereign immunity and its lack of standing; and under Rule 21 12(b)(6) on the grounds that Community Hospital lacks authority to pursue an appeal or exhaust 22 administrative remedies as required by the statute. Having carefully…