Etminan
Etminan v. Alphatec Spine, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MOHAMMAD ETMINAN, M.D.; Case No.: 24-cv-00395-GPC-DEB
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANT’S
MOTION TO DISMISS WITH
ALPHATEC SPINE, INC.;
LEAVE TO AMEND
Defendant.
16 [Dkt. No. 5] 17 Before the Court is Defendant’s motion to dismiss Plaintiff’s complaint pursuant to Federal Rule of Civil Procedures 12(b)(6). (Dkt. No. 5.) Plaintiff filed an opposition and Defendant replied. (Dkt. Nos. 8, 9.) The Court finds that the matter is appropriate for decision without oral argument pursuant to Local Civ. R. 7.1(d)(1). Based on the reasoning below, the Court GRANTS in part and DENIES in part Defendant’s motion to dismiss with leave to amend. Background On February 28, 2024, Plaintiff Mohammad Etminan, M.D. (“Plaintiff”) filed a complaint against Defendant Alphatec Spine, Inc. (“Defendant”) claiming breach of contract, breach of the…