Continental Medical Transport v. Health Care Service Corp.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 7 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CONTINENTAL MEDICAL TRANSPORT No. 21-35481 LLC, DBA Jet Rescue, D.C. No. 2:20-cv-00115-JCC Plaintiff-Appellant,

v. MEMORANDUM*

HEALTH CARE SERVICE

CORPORATION, DBA Blue Cross Blue Shield of Illinois; BOEING COMPANY

CONSOLIDATED HEALTH AND

WELFARE BENEFIT PLAN,

Defendants-Appellees.

Appeal from the United States District Court for the Western District of Washington John C. Coughenour, District Judge, Presiding

Argued and Submitted March 9, 2022 Portland, Oregon

Before: GRABER and BEA, Circuit Judges, and REISS,** District Judge. Dissent by Judge BEA.

Plaintiff-Appellant Continental Medical Transport LLC, d/b/a Jet Rescue

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Christina Reiss, United States District Judge for the District of Vermont, sitting by designation. (“Jet Rescue”) appeals the district court’s grant of summary judgment…