Rois-Mendez

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 ALEK ROIS-MENDEZ, Case No. 20-cv-02227-MMC

Plaintiff, ORDER DENYING DEFENDANT'S v. MOTION TO DISMISS PLAINTIFF'S

FIRST AMENDED COMPLAINT

CALIFORNIA PHYSICIANS' SERVICE

DBA BLUE SHIELD OF CALIFORNIA,

11 Defendant. 12 Before the Court is defendant California Physicians’ Service dba Blue Shield of California’s (“Blue Shield”) Motion, filed October 28, 2020, “to Dismiss Plaintiff’s First Amended Complaint.” Plaintiff Alek Rois-Mendez (“Rois-Mendez”) has filed opposition, to which Blue Shield has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court rules as follows.1 BACKGROUND2 At all relevant times, Rois-Mendez was an enrolled Subscriber in a “group employee welfare benefit plan” (“the Plan”) administered by Blue Shield. (See FAC ¶¶ 12-14.) In 2019, Rois-Mendez was diagnosed with parotid gland cancer,3 after which a team of…