Prime Healthcare Services-Shasta, LLC v. Regence Blue Cross Blue Shield of Oregon

Filing 8

RELATED CASE ORDER signed by Judge Garland E. Burrell, Jr on 11/22/11 ORDERING that case numbers 11cv2665 thru 2670 and case 11cv2691 be related and assigned to Judge Garland E. Burrell, Jr. and Magistrate Judge Carolyn K. Delaney. REMANDING CASE to California Superior Court, County of Shasta. Copy of remand order sent to other court. CASE CLOSED. (Manzer, C)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 8 9 PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited liability company doing business as Shasta Regional Medical Center, Plaintiff, 10 11 12 13 14 15 16 17 18 v. BLUE CROSS-BLUE SHIELD OF ALABAMA, an Alabama corporation; and DOES 1 through 100, Inclusive, Defendant. ________________________________ PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited liability company doing business as Shasta Regional Medical Center, Plaintiff, 19 20 21 22 23 24 25 26 v. REGENCE BLUE CROSS CLUE SHIELD OF OREGON, an Oregon Corporation, and DOES 1 through 100, Inclusive, Defendant. ________________________________ PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited liability company doing business as Shasta Regional Medical Center, 27 28 Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1 2:11-cv-02644-GEB-CKD RELATED CASE ORDER; AND ORDER REMANDING CASES 2:11-cv-02665-JAM-CMK 2:11-cv-02666-MCE-CMK 1 2 3 4 5 6 7 BCBST, INC., a Tennessee Corporation; and DOES 1 through 100, Inclusive, Defendant. ________________________________ PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited liability company doing business as Shasta Regional Medical Center, Plaintiff, 8 9 10 11 12 13 14 15 v. HIGHMARK BLUE CROSS CLUE SHIELD OF PENNSYLVANIA, a Pennsylvania Corporation; and DOES 1 through 100, Inclusive, Defendant. ________________________________ PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited liability company doing business as Shasta Regional Medical Center, 16 17 18 19 20 21 22 23 Plaintiff, v. PREMERA BLUE CROSS, a Washington Corporation; and DOES 1 through 100, Inclusive, Defendant. ________________________________ PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited liability company doing business as Shasta Regional Medical Center, 24 25 26 27 28 Plaintiff, v. HEALTH CARE SERVICE CORPORATION, a Mutual Legal Reserve Company, doing business as Blue Cross Blue Shield of Illinois, Blue Cross Blue Shield of Texas, Blue ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2 2:11-cv-02667-JAM-CMK 2:11-cv-02668-MCE-CMK 2:11-cv-02669-MCE-CMK 1 3 Cross Blue Shield of New Mexico, Blue Cross Blue Shield of Oklahoma; and DOES 1 through 100, Inclusive, 4 Defendant. ________________________________ 5 PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited liability company doing business as Shasta Regional Medical Center, 2 6 7 8 9 10 11 12 13 14 15 Plaintiff, v. BCBSM, INC., a Minnesota Corporation; and DOES 1 through 100, Inclusive, Defendant. ________________________________ PRIME HEALTHCARE SERVICESSHASTA, LLC, a Delaware limited liability company doing business as Shasta Regional Medical Center, 16 17 18 Plaintiff, v. 20 BLUE CROSS BLUE SHIELD OF NORTH CAROLINA, a North Carolina Corporation, and DOES 1 through 100, Inclusive, 21 Defendant. ________________________________ 19 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:11-cv-02670-JAM-CMK 2:11-cv-02691-GEB-CMK 22 23 A “Notice of Related Cases” document has been filed in which 24 it is asserted that the above-captioned actions concern “the same or 25 substantially related . . . or similar questions of law and fact[.]” 26 The above-captioned actions are related within the meaning of 27 Local Rule 123. Under the regular practice of this Court, related cases 28 3 1 are generally assigned to the judge and magistrate judge to whom the 2 first filed case was assigned. 3 Therefore, actions 2:11-cv-02665-JAM-CMK, 2:11-cv-02666-MCE- 4 CMK, 2:11-cv-02667-JAM-CMK, 2:11-cv-02668-MCE-CMK, 2:11-cv-02669-MCE- 5 CMK, and 2:11-cv-02670-JAM-CMK are reassigned to Judge Garland E. 6 Burrell, Jr., and to Magistrate Judge Carolyn K. Delaney. Further, 2:11- 7 cv-02691-GEB-CMK is reassigned to Magistrate Judge Delaney. Henceforth 8 the caption on any document filed in the reassigned actions shall 9 include the following initials: “GEB-CKD.” 10 11 The Clerk of the Court shall make appropriate adjustment in the assignment of civil cases to compensate for these reassignments. 12 Further, the Court sua sponte considers whether subject matter 13 removal jurisdiction exists. Each case was removed from state court on 14 the basis of diversity removal jurisdiction, which has not been shown to 15 exist. 16 “There is a strong presumption against removal jurisdiction, 17 and the removing party has the burden of establishing that removal is 18 proper.” Lindley Contours, LLC v. AABB Fitness Holdings, Inc., 2011 WL 19 398861, 20 omitted). Although the basis of removal of each case is asserted to be 21 diversity jurisdiction, the removant has not sufficiently alleged the 22 citizenship 23 Services-Shasta, LLC. “For purposes of diversity jurisdiction, . . . a 24 limited liability corporation is a citizen of all of the states of which 25 its owners/members are citizens. . . . [;and,] the citizenship of all 26 members of limited liability corporations . . . [must] be alleged.” Id. 27 Since the removant has failed to show diversity of citizenship 28 removal jurisdiction, each case is remanded to the California Superior at *1 of (9th all Cir. Feb. 8, owners/members 4 2011) of (internal Plaintiff quotation Prime marks Healthcare 1 Court in the County of Shasta, from which it was removed, as required by 2 28 U.S.C. § 1447(c) for lack of subject matter jurisdiction under 28 3 U.S.C. § 1332(a)(1). 4 5 IT IS SO ORDERED. Dated: November 22, 2011 6 7 8 GARLAND E. BURRELL, JR. United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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