UNITED FOOD AND COMMER. WORKERS UNIONS AND FOOD EMPLOYEES BENEFIT FUND v. DeBuono

MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

Plaintiff, United Food and Commercial Workers Unions and Food Employees Benefit Fund (“Fund”), argues that New York’s surcharge system under the Health Care Reform Act (“HCRA”) violates the Commerce and Due Process Clauses of the United States Constitution and is actionable pursuant to 42 U.S.C. § 1983.

I. BACKGROUND

Plaintiff Fund is headquartered in Cypress, California and is an “employee benefit plan” as that term is defined by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1002(1). {See Thompson Aff. at ¶ 2.)

Plaint…