Bay Area Surgical Group, Inc. v. Blue Cross of California

Filing 15

ORDER GRANTING MOTION 9 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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BLUE CROSS OF CALIFORNIA,

Case Number 5:11-CV-00280 JF (PSG)
ORDER1 GRANTING MOTION TO
DISMISS WITH LEAVE TO
AMEND
[Re: Docket No. 9]

Defendant.

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Plaintiff Bay Area Surgical Group, Inc. brings the instant action against Defendant Blue
Cross of California for breach of contract and breach of the implied covenant of good faith and
fair dealing. Defendant moves to dismiss the complaint for failure to state a claim upon which
relief may be granted. The Court concludes that the motion is appropriate for determination
without oral argument and will vacate the hearing scheduled for April 15, 2011. See Civ. L. R.
7-1(b).
Plaintiff’s opposition papers were due at least twenty-one days before the noticed hearing
date of April 15, 2011, or no later than March 25, 2011. See Civ. L. R. 7-3(a). As of the date of
this order, Plaintiff has not filed opposition papers. Because the instant motion appears well-

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

Case No. 5:11-CV-00280 JF (PSG)
ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND
(JFEX1)

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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-00280 JF (PSG)
ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND
(JFEX1)