Opinion
Civ. Action 5:21-01748
09-26-2021
SPECIALISTS HOSPITAL SHREVEPORT, LLC v. JOEY HARPER A.K.A JOEY LYNN HARPER
KAYLA D. MCCLUSKY MAG. JUDGE
ORDER
ELIZABETH E. FOOTE JUDGE
The Report and Recommendation of the Magistrate Judge having been considered, no objections thereto having been filed, and finding that same is supported by the law and the record in this matter, The court finds that the subject healthcare plan is an ERISA plan, and that the third-party plaintiffs cause of action for failure to pay benefits under the plan is completely preempted by ERISA, thereby conferring federal question jurisdiction, 28 U.S.C. § 1331. Consequently, IT IS ORDERED that third-party defendant, HealthNow's motion to realign the parties [doc. # 3] is DENIED.
IT IS FURTHER ORDERED that HealthNow's alternative motion to sever and remand [doc. # 3] the original/principal demand asserted by Specialists against Harper is GRANTED, and the severed claim is hereby REMANDED to the Second Judicial District Court for the Parish of Bienville, State of Louisiana, whence it was removed. 28 U.S.C. § 1441(c)(2).