Case 2:21-cv-06434 Document 1 Filed 08/10/21 Page 1 of 5 Page ID #:1
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`Amir Shlesinger (SBN 204132)
`ashlesinger@reedsmith.com
`Michelle L. Cheng (SBN 239711)
`mcheng@reedsmith.com
`Charles P. Hyun (SBN 307817)
`chyun@reedsmith.com
`REED SMITH LLP
`355 South Grand Avenue, Suite 2900
`Los Angeles, CA 90071-1514
`Telephone: +1 213 457 8000
`Facsimile: +1 213 457 8080
`Attorneys for Defendant Health Care
`Service Corporation, a mutual legal reserve
`company, doing business in Illinois as Blue
`Cross and Blue Shield of Illinois
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION
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` Case No.: 2:21-cv-06434
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`[Removal from Superior Court of
`California, Los Angeles County, Case
`No. 21TRCV00333]
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`NOTICE OF REMOVAL OF CIVIL
`ACTION UNDER 28 U.S.C. §§ 1332
`AND 1441
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`[Filed concurrently with (1) Civil Cover
`Sheet; (2) Declaration of David Culberg;
`and (3) Certification and Notice of
`Interested Parties]
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`Plaintiffs,
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`RAMIN M. ROOHIPOUR, M.D., INC., a
`California corporation; and R&R
`SURGICAL INSTITUTE, an
`unincorporated association;
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`vs.
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`BLUE CROSS BLUE SHIELD OF
`ILLINOIS, an Illinois Corporation; and
`DOES 1 through 20, inclusive;
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`Defendants.
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`CASE NO.: 2:21-cv-06434
`ROOHIPOUR V. BLUE CROSS BLUE SHIELD
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` NOTICE OF REMOVAL OF CIVIL ACTION
`UNDER 28 U.S.C. §§ 1332 AND 1441
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`A limited liability partnership formed in the State of Delaware
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`REED SMITH LLP
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`Case 2:21-cv-06434 Document 1 Filed 08/10/21 Page 2 of 5 Page ID #:2
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`TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR
`THE CENTRAL DISTRICT OF CALIFORNIA:
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`PLEASE TAKE NOTICE THAT Defendant Health Care Service Corporation,
`a mutual legal reserve company, doing business in Illinois as Blue Cross and Blue
`Shield of Illinois (“HCSC”), erroneously sued as BLUECROSS SHIELD OF
`ILLINOIS, hereby gives notice of its removal of the above-captioned action, currently
`pending in the Superior Court of the State of California for the County of Los
`Angeles, to the United States District Court for the Central District of California. As
`set out more fully below, this case is a civil action over which this Court has
`jurisdiction pursuant to 28 U.S.C. § 1332, and is one that may be removed to this
`Court pursuant to 28 U.S.C. § 1441(b) because it is a civil action between citizens of
`different states and the amount in controversy exceeds $75,000.
`In compliance with 28 U.S.C. § 1446(a), HCSC asserts the following grounds
`for removal:
`I.
`REMOVAL IS PROPER BECAUSE THIS NOTICE OF REMOVAL IS
`FILED TIMELY AND THIS COURT HAS SUBJECT MATTER
`JURISDICTION PURSUANT TO 28 U.S.C. §§ 1332 AND 1441
`A.
`The Notice Of Removal Is Timely
`1.
`On April 28, 2021, Plaintiffs Ramin M. Roohipour, M.D., Inc. and R&R
`Surgical Institute (“Plaintiffs”) filed this action against HCSC with the filing of a
`Complaint (“Original Complaint”) in the Superior Court of California for the County
`of Los Angeles, in the case entitled Ramin M. Roohipour, M.D., Inc., et al. v. Blue
`Cross Blue Shield of Illinois, et al., as Case No. 21TRCV00333 (the “State Court
`Action”). Plaintiffs did not serve HCSC with the Original Complaint. A true and
`correct copy of the Original Complaint is attached hereto as Exhibit A.
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`CASE NO.: 2:21-cv-06434
`ROOHIPOUR V. BLUE CROSS BLUE SHIELD
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`– 1 –
` NOTICE OF REMOVAL OF CIVIL ACTION
`UNDER 28 U.S.C. §§ 1332 AND 1441
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`A limited liability partnership formed in the State of Delaware
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`REED SMITH LLP
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`Case 2:21-cv-06434 Document 1 Filed 08/10/21 Page 3 of 5 Page ID #:3
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`2.
`On June 7, 2021, Plaintiffs filed a First Amended Complaint (“FAC”) in
`the State Court Action. A true and correct copy of the FAC is attached hereto as
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`Exhibit B.
`3.
`On or about July 1, 2021, Plaintiffs mailed a copy of the summons and
`FAC to HCSC at its address in Chicago, IL. The proof of service filed in the
`Superior Court Action reflects the FAC’s mail service date of July 2, 2021. Pursuant
`to California Code of Civil Procedure section 415.40: “A summons may be served on
`a person outside this state in any manner provided by this article or by sending a copy
`of the summons and of the complaint to the person to be served by first-class mail,
`postage prepaid, requiring a return receipt. Service of a summons by this form of mail
`is deemed complete on the 10th day after such mailing.”
`4.
`Therefore, this Notice of Removal is timely in that it was filed within
`thirty (30) days of the service of the FAC and less than a year after the
`commencement of the State Court Action. See 28 U.S.C. § 1446(b).
`B.
`There Exists a Diversity of Citizenship Between the Parties
`5.
`The State Court Action is a civil action of which this Court has original
`jurisdiction under 28 U.S.C. § 1332, and is one that may be removed to this Court by
`Defendant pursuant to the provisions of 28 U.S.C. § 1332(a)(1) and 28 U.S.C. §
`1441(b) in that it is a civil action between citizens of different states and the amount in
`controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and
`the State Court Action is being removed within one year of its filing in the Los
`Angeles Superior Court, in compliance with 28 U.S.C. § 1446(b).
`6.
`The citizenship of the parties is as follows:
`(a) Plaintiffs: Plaintiff Ramin M. Roohipour, M.D., Inc. is a
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`California corporation with its principal place of business in the County of Los
`Angeles in the State of California, and therefore is a citizen of the State of California.
`FAC ¶1. Plaintiff R&R Surgical Institute is an unincorporated association with its
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`CASE NO.: 2:21-cv-06434
`ROOHIPOUR V. BLUE CROSS BLUE SHIELD
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`– 2 –
` NOTICE OF REMOVAL OF CIVIL ACTION
`UNDER 28 U.S.C. §§ 1332 AND 1441
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`A limited liability partnership formed in the State of Delaware
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`REED SMITH LLP
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`Case 2:21-cv-06434 Document 1 Filed 08/10/21 Page 4 of 5 Page ID #:4
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`principal place of business in the County of Los Angeles in the State of California,
`and therefore is also a citizen of the State of California. FAC ¶2.
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`(b) Defendant HCSC: Defendant HCSC is an Illinois corporation
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`with its principal place of business in Cook County in the State of Illinois, and
`therefore is a citizen of the State of Illinois. See Declaration of David Culberg, ¶ 3.
`7.
`The amount in controversy in the State Court Action exceeds $75,000.
`Plaintiffs allege that they submitted claims for reimbursement to HCSC in the
`following amounts, $80,000 for Patient A; $395,000 for Patient B; and $135,000 for
`Patient C were usual, customary and reasonable. See FAC ¶¶15-20, ¶¶24-29, ¶¶33-35,
`¶¶39-42, ¶¶45-48, ¶¶53-56. Plaintiffs allege that HCSC improperly reimbursed
`Plaintiffs in the amount of $4,123.33. See FAC ¶18, ¶20, ¶27, ¶29, ¶¶ 56.
`Accordingly, Plaintiffs’ FAC seeks damages of at least $605,876.67 for the alleged
`outstanding balance for the services rendered to the three patients. Id.
`8.
`Upon information and belief, Does 1-20 have not been named or served,
`and thus their consent is not required. See 28 U.S.C. § 1441(b)(1) (“In determining
`whether a civil action is removable on the basis of the jurisdiction under section
`1332(a) of this title, the citizenship of defendants sued under fictitious names shall be
`disregarded.”).
`9.
`Accordingly, this Court is vested with subject matter jurisdiction over
`this action because complete diversity exists between all Plaintiffs and Defendant, and
`the amount in controversy exceeds the jurisdictional amount set by 28 U.S.C. § 1332.
`II. VENUE
`10. The Superior Court of California for the County of Los Angeles is
`located within the United States District Court for the Central District of California,
`Western Division. See 28 U.S.C. § 84(c). Venue is proper in this Court because it is
`the “district and division embracing the place where such action is pending.” 28
`U.S.C. § 1441(a).
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`CASE NO.: 2:21-cv-06434
`ROOHIPOUR V. BLUE CROSS BLUE SHIELD
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`– 3 –
` NOTICE OF REMOVAL OF CIVIL ACTION
`UNDER 28 U.S.C. §§ 1332 AND 1441
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`
`
`A limited liability partnership formed in the State of Delaware
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`REED SMITH LLP
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`

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`Case 2:21-cv-06434 Document 1 Filed 08/10/21 Page 5 of 5 Page ID #:5
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`III. COMPLIANCE WITH 28 U.S.C § 1446
`11. Pursuant to 28 U.S.C. § 1446(a), a copy of all process, pleadings, and
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`orders served on Defendant are attached to this Notice of Removal.
`12.
`In compliance with 28 U.S.C. § 1446(d), HCSC will serve on Plaintiffs
`and will file with the Clerk of the Superior Court of California for the County of Los
`Angeles a “Notice to the Clerk of the Superior Court and To Adverse Parties of Filing
`of Notice of Removal of Civil Action to Federal Court,” attaching a copy of this Notice
`of Removal.
`13. No previous application has been made for the relief requested herein.
`14. This Notice of Removal is signed pursuant to Fed. R. Civ. P. 11. See 28
`U.S.C. § 1446(a).
`15. Having complied with all statutory requirements, removal is appropriate.
`See, e.g., TPS Utilicom Servs. Inc. v. AT&T Corp., 223 F. Supp. 2d 1089, 1104 (C.D.
`Cal. 2002) (holding removal was proper on the basis of diversity jurisdiction); Boon v.
`Allstate Ins. Co., 229 F. Supp. 2d 1016, 1019-20 (C.D. Cal. 2002) (same).
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`WHEREFORE, HCSC respectfully remove this action from the California
`Superior Court for the County of Los Angeles to this Court pursuant to 28 U.S.C. §§
`1332, 1441 and 1446.
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`DATED: August 10, 2021
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`REED SMITH LLP
`By: /s/ Amir Shlesinger
`Amir Shlesinger
`Michelle L. Cheng
`Charles P. Hyun
`Attorneys for Defendant Health Care
`Service Corporation, a mutual legal reserve
`company, doing business in Illinois as Blue
`Cross and Blue Shield of Illinois
`
`
`
`
`
`
`CASE NO.: 2:21-cv-06434
`ROOHIPOUR V. BLUE CROSS BLUE SHIELD
`
`
`– 4 –
` NOTICE OF REMOVAL OF CIVIL ACTION
`UNDER 28 U.S.C. §§ 1332 AND 1441
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`A limited liability partnership formed in the State of Delaware
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`REED SMITH LLP
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