Harding Hospital v. Sovchen

ENTRY ON MOTION TO REMAND

HAMILTON, District Judge.

This case comes before the Court on the motion of plaintiff Harding Hospital to remand the case to the Marion Circuit Court where it was pending when the garnishee defendant removed it. The central issue is whether the garnishment proceeding in state court was sufficiently independent of the underlying action so as to be separately removable to federal court. The Court concludes that this garnishment action for health insurance benefits under an employee welfare plan subject to ERISA is sufficiently independent. Because the case was otherwise…