Bay Area Surgical Group, Inc. v. Anthem Blue Cross Life and Health Insurance Company, Inc et al

Filing 11

ORDER GRANTING MOTION 6 TO DISMISS WITH LEAVE TO AMEND. Signed by Judge Jeremy Fogel on April 12, 2011. (jflc1, COURT STAFF) (Filed on 4/13/2011)

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**E-filed 4/13/2011**
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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BAY AREA SURGICAL GROUP, INC.,
Plaintiff,

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v.

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ANTHEM BLUE CROSS LIFE AND HEALTH
INSURANCE COMPANY, INC.,

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Case Number 5:11-CV-00277 JF (PSG)
ORDER1 GRANTING MOTION TO
DISMISS WITH LEAVE TO
AMEND
[Re: Docket No. 6]

Defendant.

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Plaintiff Bay Area Surgical Group, Inc. brings the instant action against Defendant

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Anthem Blue Cross Life and Health Insurance Company, Inc. for breach of contract and breach

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of the implied covenant of good faith and fair dealing. Defendant moves to dismiss the

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complaint for failure to state a claim upon which relief may be granted. The Court concludes

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that the motion is appropriate for determination without oral argument and will vacate the

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hearing scheduled for April 15, 2011. See Civ. L. R. 7-1(b).

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Plaintiff’s opposition papers were due at least twenty-one days before the noticed hearing

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This disposition is not designated for publication in the official reports.

Case No. 5:11-CV-00277 JF (PSG)
ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND
(JFEX1)

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date of April 15, 2011, or no later than March 25, 2011. See Civ. L. R. 7-3(a). As of the date of

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this order, Plaintiff has not filed opposition papers. Because the instant motion appears well-

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taken and is unopposed, the motion will be granted, with leave to amend.

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ORDER

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For good cause shown:
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(1)

the motion to dismiss is GRANTED, with leave to amend;

(2)

the motion to strike portions of Plaintiff’s Complaint is DENIED as moot;

(3)

any amended pleading shall be filed within twenty (20) days of the date this order

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is filed;
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(4)

the hearing date of April 15, 2011 is VACATED.

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IT IS SO ORDERED
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DATED: April 12, 2011

__________________________________
JEREMY FOGEL
United States District Judge

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Case No. 5:11-CV-00277 JF (PSG)
ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND
(JFEX1)