Orthopaedic Surgery Associates of San Antonio, P.A. v. Prudential Health Care Plan, Inc.

ORDER CONCERNING MOTION TO REMAND

BIERY, District Judge.

Before the Court is Plaintiffs Motion to Remand along with Defendant’s Response and Plaintiffs Reply. Plaintiffs believe the case should be remanded because their claims are based entirely upon state law and are outside of any claimed benefits of an ERISA plan. Defendant maintains no matter how the claims are characterized, plaintiffs are seeking payment for services covered under the terms of ERISA plans, and therefore, the removal is proper.

According to their petition, plaintiffs entered into Speciality Care Physician Agreements with…