MEMORANDUM OPINION
SPENCER, District Judge.
THIS MATTER is before the Court on two motions. The first is a motion to remand by the plaintiff, Derinda S. Person, Administrator upon the Estate of Earl Warren Person, deceased. The second is a motion to dismiss the Motion for Judgment by the defendant Physicians Health Plan, Inc. ("PHP"). For the reasons expressed below, the Court DENIES the motion to remand and GRANTS the motion to dismiss.
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