Victoria Smith v. Health Care Service Corporation

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 2 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

VICTORIA SMITH, on behalf of herself and No. 23-35508 all others similarly situated, D.C. No. 1:22-cv-00050-SPW Plaintiff-Appellant,

v. MEMORANDUM*

HEALTH CARE SERVICE

CORPORATION,

Defendant-Appellee,

and

JOHN DOES 1-10; CARING FOR

MONTANANS, INC., Blue Cross and Blue Shield of Montana, Inc.,

Defendants.

Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding

Argued and Submitted April 3, 2024 Portland, Oregon

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: OWENS and FRIEDLAND, Circuit Judges, and SILVER,** District Judge. Partial concurrence and partial dissent by Judge SILVER.

Victoria Smith appeals from the district court’s judgment dismissing her

claims under Federal Rule of Civil Procedure 12(b)(1). Smith alleges that Blue

Cross1 unlawfully enforced subrogation in violation of Montana’s…