Gulf Coast Plastic Surgery, Inc. v. Standard Insurance

ORDER AND REASONS

SARAH S. VANCE, District Judge.

Before the Court is plaintiffs’ motion to remand for lack of subject matter jurisdiction. At issue is whether the Employment Retirement Income Security ACT (ERISA), 29 U.S.C. § 1001, et seq., completely preempts plaintiffs’ state law claims such that a federal question under ERISA exists. For the following reasons, the Court GRANTS plaintiffs’ motion.

I. BACKGROUND

The plaintiffs in this action are Gulf Coast Plastic Surgery, Inc., a Louisiana medical practice, and Dr. Edward M. Campbell, Gulf Coast’s sole shareholder and a Louisiana citizen. The…