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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : SHADE POPOOLA : v. MD-INDIVIDUAL PRACTICE ASSOCIATION, INC., et al. : Civil Action No. DKC 2000-2946 : :

MEMORANDUM OPINION Presently pending and ready for resolution is Plaintiff's renewed motion to remand.1 The issues are fully briefed, and the

court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. granted. I. Background Plaintiff Shade Popoola initially filed this action in the Circuit Court for action against Montgomery County, alleging state law causes of defendants.2 The controversy concerns For the following reasons, the motion will be

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subrogation rights of a health maintenance organization when a member or insured obtains recovery from a third party for injuries giving rise to medical expenses. Defendants removed the case to

The motion to lift the stay is moot. on November 1, 2002.
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The case was reopened

Plaintiff's counsel has filed several similar suits, against different health providers. See, e.g. Riemer v. Columbia Medical Plan, Inc., No. BEL 96-2544; Singh v. Prudential Health Care Plan, Inc., No. AW 00-2168 (now on appeal); Sewell v. Aetna U.S. Healthcare, Inc., No. DKC 00-2169; and McKandes v. Blue Cross and Blue Shield, No. AW 00-3758.

this court, asserting federal question jurisdiction under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C.

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