Opinion

Steven Beltran v. Cedars-Sinai Health System

Court
District Court, C.D. California
Filed
May 24, 2023
Cited by
0 cases
Authority
More cited than 16.4%

The opinion

JS-6

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

STEVEN BELTRAN AND LISA CV 23-02626 DSF (JPRx)

REINGOLD, individually and on

behalf of all others similarly Order GRANTING Motion to

situated, Remand (Dkt. 12)

Plaintiffs,

v.

CEDARS-SINAI HEALTH

SYSTEM, et al.,

Defendants.

Plaintiffs Steven Beltran and Lisa Reingold move to remand this

action to the Superior Court of California, County of Los Angeles. Dkt.

12 (Mot.). Defendants Cedars-Sinai Health System and Cedars-Sinai

Medical Center (collectively Cedars-Sinai) oppose. On April 26, 2023,

the Court issued an order approving the parties’ Stipulation Regarding

Briefing and Hearing on Plaintiffs’ Motion to Remand. See Dkt. 17

(Order). The parties stipulated to adopting briefings from Browne v.

Cedars-Sinai Health System, et al., Case No. 2:23-cv-01551 and giving

them effect “in this action for purposes of the briefing on, and the

Court’s adjudication of, Plaintiffs’ Motion to Remand[.]” Id. at 2. The

Court deems this matter appropriate for decision without oral

argument. See Fed. R. Civ. P. 78; Local Rule 7-15.

I. BACKGROUND

On February 23, 2023, Plaintiffs filed a class action lawsuit on

behalf of themselves and all others similarly situated “for damages

arising from Defendants’ implementation of software code, embedded in

websites and apps maintained and controlled by Defendants, which

was created for the purpose of capturing, storing, and sharing the

personal data of Plaintiffs and similarly situated consumers.” See Dkt.

1-1, Ex. A at 3 (Compl.) ¶ 1. Plaintiffs allege that Cedars-Sinai

“knowingly implemented and configured tracking code, such as the

Facebook Pixel, to disclose the identities and communications of its

patients to Facebook and third parties.” Id. ¶ 10. They allege that

Cedars-Sinai implemented the tracking code “with the knowledge and

intent to specifically identify their patients to Facebook and third

parties alongside their protected health information and geographic

location, in direct and patent violation and disregard of the rights of

Plaintiffs and Class Members.” Id.

Plaintiffs assert the following causes of action: (1) negligence; (2)

negligence per se; (3) breach of implied contract; (4) breach of implied

covenant of good faith and fair dealing; (5) breach of fiduciary duty; (6)

breach of duty; (7) violation of California’s Invasion of Privacy Act, Cal.

Penal Code §§ 630, et seq.; (8) violation of California’s Confidentiality of

Medical Information Act, Cal. Civ. Code § 56.10; (9) invasion of privacy

in violation of the California Constitution; and (10) violation of the

California Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200, et

seq. Id. ¶¶ 64-145. On April 7, 2023, Cedars-Sinai removed the case

pursuant to 28 U.S.C. § 1442(a)(1), the federal officer removal statute.

II. LEGAL STANDARD

A defendant may remove a state court action brought against the

“United States or any agency thereof or any officer (or any person

acting under that officer) of the United States or of any agency thereof,

sued in an official or individual capacity for any act under color of such

office . . . .” 28 U.S.C. § 1442(a)(1); Watson v. Philip Morris Cos., Inc.,

551 U.S. 142, 145 (2007). Federal officer removal is available under 28

U.S.C. § 1442(a) if “(a) [the removing party] is a ‘person’ within the

meaning of the statute; (b) there is a causal nexus between its actions,

taken pursuant to a federal officer’s directions, and plaintiff’s claims;

and (c) it can assert a ‘colorable federal defense.’” Fidelitad, Inc. v.

Insitu, Inc., 904 F.3d 1095, 1099 (9th Cir. 2018).

III. DISCUSSION1

Cedars-Sinai asserts that “[o]ver the past two decades, the

federal government has engaged in an extensive effort to build a

nationwide health information technology infrastructure,” and this case

challenges the legitimacy of actions Cedars-Sinai “has taken in

connection with pursuing that directive.” Dkt. 1 at 1. Cedars-Sinai

contends that it has dutifully assisted and followed the federal

government’s direction as part of a public-private initiative to develop a

nationwide infrastructure for health information technology, and in

doing so, “has acted within the penumbra of federal action and office.”

Id. at 4. It argues that it qualifies as a “person” under the statute and

has acted under a federal officer. Id. at 10-13.

Cedars-Sinai explains that the Office of the National Health

Coordinator for Health Information Technology (ONC) published

guidance for private providers to follow, including a five-year strategic

plan that dictated that federal agencies were to collaborate with private

stakeholders to build a culture of electronic health information access

and use. Id. at 9. The Department of Health and Human Services also

adopted the Meaningful Use regulations. Id. at 7. A central component

of the Meaningful Use regulations was the ability for patients to access

their health care records online, and the regulations “required health

care providers to attest to the National Coordinator and to the Centers

for Medicare and Medicaid Services on their progress with respect to

this criteria in particular.” Id. at 7-8. Cedars-Sinai contends that since

establishing a patient portal, it “has continually met the Meaningful

1 The Court GRANTS Cedars-Sinai’s unopposed request for judicial notice.

See Request for Judicial Notice, Browne v. Cedars-Sinai Health System, et

al., No. 2:23-cv-01551 (C.D. Cal. Apr. 10, 2023), Dkt. 18.

Use criteria, and has thus received incentive payments from the federal

government.” Id. at 10.

Cedars-Sinai asserts that it is acting under a federal officer

because the federal government incentivizes, regulates, monitors, and

supervises its actions as part of the Meaningful Use program “in order

to meet the federal government’s national priority of interoperable

health information technology,” and Cedars-Sinai is helping the

government produce the “nationwide, interoperable information

technology infrastructure for health information.” Id. at 11-12.

Cedars-Sinai also contends that in the absence of its actions, the

government “would be left alone to complete its mission,” that the

government has specified how to best enhance patient engagement,

including through a patient portal, and that the government has

created an office dedicated to this issue and has closely monitored the

work of private entities like Cedars-Sinai. Id. at 12.

Plaintiffs argue that the case should be remanded because

Cedars-Sinai has not met its burden of establishing that its actions

were taken pursuant to a federal officer’s directions. Notice of Motion

and Motion to Remand at 1, Browne v. Cedars-Sinai Health System, et

al., No. 2:23-cv-01551 (C.D. Cal. Mar. 27, 2023), Dkt. 14. They argue

that Cedars-Sinai is not acting on behalf of a federal officer in a

manner akin to an agency relationship because “merely ‘performing

some functions that a government agency controls is not enough to

transform a private entity into a federal officer.’” Id. at 6 (citing Romeo

v. Canoga Healthcare, Inc., No. CV 21-02918-AB (RAOx), 2021 WL

3418730, at *2 (C.D. Cal. Aug. 5, 2021)). They contend that nothing in

Cedars-Sinai’s notice of removal indicates it was authorized to act for or

in place of the federal government while creating their patient portal.

Id. at 7. They assert that language in Cedars-Sinai’s notice of removal

demonstrates that the Meaningful Use program was optional, not

mandated, as required to “transform a public entity into a federal

officer,” and that there is nothing to suggest that Cedars-Sinai was

ordered by the government to implement the Facebook Pixel on the

portal at issue and transmit highly sensitive patient information to

Facebook without patients’ knowledge or consent. Id. at 7-8.

Cedars-Sinai asserts in opposition that it assisted the federal

government in carrying out a federal directive by increasing web traffic

to its website, which contains a link to a patient portal. Defendants’

Opposition to Plaintiff’s Motion to Remand at 6, Browne v. Cedars-

Sinai Health System, et al., No. 2:23-cv-01551 (C.D. Cal. Apr. 10, 2023),

Dkt. 17. It asserts that its “alleged efforts were in furtherance of

implementing the federal government’s goal” and are sufficient to

effectuate removal to this Court. Id. It specifically contends that

“driving website traffic to the patient portal assists the federal

government in carrying out its federal mission to create a unified

system for patient electronic health records.” Id. at 7. Cedars-Sinai

also argues that participation in the MUP is sufficient to satisfy the

“acting under” requirement, and that its actions go well beyond that of

merely complying with federal laws and regulations. Id. at 20. The

Court is not persuaded.

The Supreme Court has “interpreted the term ‘person acting

under that officer’ as extending to a ‘private person’ who has certain

types of close relationships with the federal government.” Cnty. of San

Mateo v. Chevron Corp., 32 F.4th 733, 756 (9th Cir. 2022) (citing

Watson, 551 U.S. at 152-53). “The Supreme Court has identified a

number of factors courts should consider in determining whether a

private person is acting under a federal officer for purposes of §

1442(a)(1).” Id. The Court considers: (1) “whether the person is acting

on behalf of the officer in a manner akin to an agency relationship”; (2)

“whether the person is subject to the officer’s close direction, such as

acting under the subjection, guidance, or control of the officer, or in a

relationship which is an unusually close one involving detailed

regulation, monitoring, or supervision”; (3) “whether the private person

is assisting the federal officer in fulfilling basic governmental tasks

that the Government itself would have had to perform if it had not

contracted with a private firm”; and (4) “whether the private person’s

activity is so closely related to the government’s implementation of its

federal duties that the private person faces a significant risk of state-

court ‘prejudice, just as a government employee would in similar

circumstances, and may have difficulty in raising an immunity defense

in state court.” Id. at 756-57 Gnternal quotation marks and citations

omitted).

However, “[a] private firm’s compliance (or noncompliance) with

federal laws, rules, and regulations does not by itself fall within the

scope of the statutory phrase ‘acting under’ a federal ‘official.’ And that

is so even if the regulation is highly detailed and even if the private

firm’s activities are highly supervised and monitored.” Watson, 551

U.S. at 153. Courts “may not interpret § 1442(a) so as to ‘expand the

scope of the statute considerably, potentially bringing within its scope

state-court actions filed against private firms in many highly regulated

industries.” Cnty. of San Mateo, 32 F.4th at 757 (quoting Watson, 551

U.S. at 153). The directions Cedars-Sinai points to are general

regulations and public directives regarding the development of health

information technology and an electronic health records infrastructure.

Therefore, removal is not justified by federal officer jurisdiction.

IV. CONCLUSION

The motion to remand is GRANTED. The case is REMANDED to

the Superior Court of California, County of Los Angeles.

IT IS SO ORDERED.

i ‘ ~~ )

/ jd.

Date: May 24, 2023 hoo AD - □□□ A

Dale S. Fischer

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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