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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION * * * * * * * * * *

KENNETH HERMAN, Plaintiff, v.

Civil Action No. 11-cv-03378-AW

LINCOLN NATIONAL LIFE INSURANCE COMPANY, Defendant. **************************************************************************** Memorandum Opinion Currently pending before the Court is Plaintiff's Motion for Remand. See Doc. No. 12. This case was filed against Defendant Lincoln National Insurance Company ("Lincoln") in the District Court of Maryland for Montgomery County on or about October 20, 2011. See Doc. No. 1 at 1. On November 22, 2011, Defendant removed the instant action to this Court, contending that Plaintiff's claims are preempted by ERISA and thus raise a federal question over which this Court has subject matter jurisdiction. See id. at 3. On December 21, 2011, Plaintiff filed the instant Motion for Remand. Doc. No. 12. Plaintiff has not filed a timely Reply to Defendant's Response brief, and thus this matter is ripe for review. See Loc. R. 105.2.a. (D. Md. 2010). The Court has reviewed the documents filed by the Parties and finds no hearing is necessary. See Loc. R. 105(6). For the reasons discussed below, the Court DENIES Plaintiff's Motion.

I.

Factual and Procedural Background

Plaintiff brings this action to recover $22,424.73 to which he claims he is entitled under "a valid contract." Compl. Plaintiff's Complaint is only one paragraph long and does not discuss the nature of the contract. However, Defendant's Vice President, Associate General Counsel Charles D. Cunningham, Jr. ("Cunningham") attests in a Declaration that the contract at issue is an Employee Welfare Benefit Plan (the "Plan") sponsored by Shoppers Food Warehouse Corporation. See Doc. No. 1 Ex. 2 at 1. According to Cunningham, accidental death and health care benefits under the Plan were funded by a Group Insurance Policy (the "Policy") which was issued by a predecessor-in-interest to Defendant, for the benefit of the Exec-U-Care Group Medical Reimbursement Insurance Trust ("Exec-U-Care"). Id. Shoppers Food Warehouse Corporation, or rather Jumbo Food Stores, Inc., its predecessor-in-interest, was a participating employer in the Policy. In his Complaint, Plaintiff asserts state law claims for recovery of health care benefits that were submitted around July 14, 1995, plus accrued interest and attorneys' fees. Plaintiff claims that he did in fact receive a check from Exec-U-Care for the $22,424.73 amount owed, but that he never endorsed or deposited the check. Defendant subsequently failed to deliver the unclaimed funds to the Comptroller of Maryland, Compliance Division, Unclaimed Property as required by state law. Plaintiff contends that his Complaint does not implicate ERISA but merely implicates state law claims for failure to reissue a payment check or escheat Plaintiff's funds to the State of Maryland, as required by Ann. Code of Maryland Comm. Law Art. 17-101.1

II.

Standard of Review

1

Defendant contends that the statute cited by Plaintiff does not provide a private cause of action. The Court finds it unnecessary to reach the merits of Plaintiff's state law claims.

2

The right to remove a case from state to federal court arises from

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Maryland Law