California Spine and Neurosurgery Institute v. Oxford Health Insurance Inc

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 CALIFORNIA SPINE AND Case No. 19-cv-03533-DMR

NEUROSURGERY INSTITUTE,

6 Plaintiff, ORDER ON DEFENDANT'S MOTION 7 TO DISMISS v. 8 Re: Dkt. No. 11 OXFORD HEALTH INSURANCE INC, et 9 al., 10 Defendants.

11 12 Defendants Oxford Health Insurance Inc. (“Oxford”) and United Healthcare Insurance 13 Company (“UHC”) move to dismiss Plaintiff California Spine and Neurosurgery Institute’s 14 complaint. [Docket Nos. 11 (“Mot”), 17 (“Reply”).] Plaintiff timely opposed. [Docket No. 16 15 (“Opp.”).] The court held a hearing on September 26, 2019. 16 Having considered the parties’ submissions and oral arguments, the court denies the motion 17 to dismiss. 18 I. BACKGROUND 19 The following facts come from Plaintiff’s initial complaint.1 Plaintiff is a private surgical 20 practice that provides complex surgical services at El Camino Hospital in Mountain View. [Docket 21 No. 1-1, Ex. A (“Compl.”) ¶ 1.] UHC is a managed care…