Lederman v. Pacific Mutual Life Insurance

MEMORANDUM OF DECISION

WILLIAM P. GRAY, District Judge.

This action was filed in the Califorhia Superior Court and removed here by the defendant citing the authority of 28 U.S.C. § 1331(a) and § 1441(a). The plaintiff moves for remand to the state court. For reasons herein set forth, such motion will be granted.

The plaintiff is a “participant” under a group major medical plan (the plan) established by Mr. Lederman’s employer in conjunction with other members of the California Society of Certified Public Accountants. It has been stipulated that the plan is an “employee welfare benefit plan”…