Avanguard Surgery Center, LLC v. Cigna Healthcare of California, Inc.

I. INTRODUCTION

22 Defendant Cigna Health and Life Insurance Company (“Cigna”) filed a Motion 23 to Dismiss (“Mot.”) on May 20, 2020. (Mot., ECF No. 13.) Plaintiff Avanguard 24 Surgery Center, LLC (“Plaintiff”) opposed on June 8, 2020. (Opp’n to Mot. 25 (“Opp’n”), ECF No. 15.) Cigna replied on June 15, 2020. (Reply to Opp’n 26 (“Reply”), ECF No. 16.) For the following reasons, the Court GRANTS the Motion.1

28 1 After carefully considering the papers filed in connection with the Motion, the Court deems this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. Cal. L.R. 7-15. II. PLAINTIFF’S ALLEGATIONS Plaintiff is an outpatient surgery center and an out-of-network provider with 3 respect to Cigna, an insurance company that administers health insurance policies. 4 (Compl. ¶¶ 3, 7, 9, ECF No. 1-3.) Plaintiff claims that Cigna failed to sufficiently 5 reimburse Plaintiff after it provided covered surgical services to forty-seven patients 6 (the “Patients”). (Compl. ¶¶ 7–10.) Before providing a service, Plaintiff obtained 7 authorization and a verification of benefits (“VOB”) from…