(PS) Binns v. American General Life and Accident Ins. Co.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEYRON LAMONTE BINNS, No. 2:20–cv–1120–TLN–KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS

ANCILLARY ORDER

v. (ECF Nos. 17, 29, 41.) AMERICAN GENERAL LIFE AND ACCIDENT INSURANCE CO., et al., 15 Defendants. 16 Plaintiff, an incarcerated person proceeding without counsel, brings this action for breach of contract, fraud, and civil rights violations against defendant American General Life & Accident Insurance Co. (“AGL”) and several named and unnamed employees thereof. (ECF No. 12.) Plaintiff also requests joinder of an involuntary plaintiff and judicial notice. (ECF Nos. 17, 41.) AGL and defendant Duperreault waived service and filed the instant motion to dismiss. They raise a factual attack on the amount in controversy for purposes of subject matter jurisdiction, and assert the complaint fails to state a claim for breach of contract against AGL or any of its employees, fails to provide plausible facts to support his fraud claims under heightened pleading…