IV Solutions, Inc. v. Empire Healthchoice Assurance

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 23 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

IV SOLUTIONS, INC., No. 20-56132

Plaintiff-Appellant, D.C. No. 2:17-cv-05615-ODW-SK v.

EMPIRE HEALTHCHOICE MEMORANDUM*

ASSURANCE, INC., DBA Empire Blue Cross Blue Shield,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Otis D. Wright II, District Judge, Presiding

Submitted November 19, 2021** Pasadena, California

Before: WARDLAW and HURWITZ, Circuit Judges, and BOUGH,*** District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri, sitting by designation. IV Solutions, Inc. (“IVS”) appeals the district court’s dismissal under

Federal Rule of Civil Procedure 12(b)(6)…