MEMORANDUM AND ORDER
LUNGSTRUM, District Judge.
David Warren Hyde and Mary Hyde originally brought this suit in the District Court of Johnson County, Kansas against Benicorp Insurance Company ("Benicorp") alleging improprieties actionable under the Employee Retirement Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., and alleging professional negligence against Tony Torchia, relating to plaintiffs' health insurance plan.
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