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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CARROLL COUNTY GENERAL HOSPITAL: : v. : CYNTHIA ROSEN : MEMORANDUM The underlying main complaint in this action was brought in the state district court as a simple contract action. Plaintiff Carroll County General Hospital [the Hospital] seeks a judgment against Defendant/Third-Party Plaintiff Cynthia Rosen for an unpaid hospital bill. complaint sometime in 1999. The Hospital filed the Civil Action WMN-01-2617

In August 2001, Rosen served

Third-Party Defendant Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc. [Kaiser], with a third-party complaint for indemnity and/or contribution, alleging that Kaiser wrongfully refused to pay the Hospital's bill. Kaiser

then removed the action to this Court on or about August 21, 2001, on the basis that, while Rosen brought her claim as a state law contract action, the claim is "completely preempted" under the Employee Retirement Income Security Act of 1974, 29 U.S.C.

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Maryland Law