Brian H. et. al. v. Blue Shield of California

Filing 35

ORDER DENYING PLAINTIFFS' MOTION TO REMAND; GRANTING DEFENDANT'S MOTION TO DISMISS; DISMISSING COMPLAINT WITH LEAVE TO AMEND. Signed by Judge Maxine M. Chesney on 10/30/2017. (mmclc2, COURT STAFF) (Filed on 10/30/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BRIAN H., et al.,
Plaintiffs,

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United States District Court
Northern District of California

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v.
BLUE SHIELD OF CALIFORNIA,
Defendant.

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ORDER DENYING PLAINTIFFS'
MOTION TO REMAND; GRANTING
DEFENDANT'S MOTION TO DISMISS;
DISMISSING COMPLAINT WITH
LEAVE TO AMEND
Re: Dkt. Nos. 11, 16

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Case No. 17-cv-03095-MMC

Before the Court are the following two motions: (1) plaintiffs Brian H. and Alex H.’s
motion to remand, filed June 29, 2017, and (2) California Physicians’ Service d/b/a Blue
Shield of California’s (“California Physicians’”) motion to dismiss, filed June 6, 2017. The
matters came on regularly for hearing on August 11, 2017, and October 27, 2017. Katie
Joy Spielman and David M. Lilienstein of DL Law Group appeared on behalf of plaintiffs.
Joseph E. Laska and Ketakee R. Kane appeared on behalf of defendant.
Having considered the parties’ respective written submissions and the arguments
of counsel at the hearing, the Court, for the reasons stated on the record at the hearing,
hereby DENIES plaintiffs’ motion to remand, GRANTS California Physicians’ motion to
dismiss, and DISMISSES plaintiffs’ Complaint with leave to amend. Plaintiffs’ First
Amended Complaint shall be filed no later than November 13, 2017.
IT IS SO ORDERED.

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Dated: October 30, 2017
MAXINE M. CHESNEY
United States District Judge