Summit Estate, Inc. v. CIGNA Health and Life Insurance Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

SUMMIT ESTATE, INC.,

Case No. 5:20-cv-04697-EJD Plaintiff, v. ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANT’S

CIGNA HEALTH AND LIFE MOTION TO DISMISS

INSURANCE COMPANY,

11 Re: Dkt. No. 32 Defendant.

Plaintiff Summit Estate, Inc. (“Plaintiff”) previously sued Defendant Cigna Health and Life Insurance Company (“Defendant”) and another related entity for causes of action arising from Defendant’s alleged under-payment of claims for reimbursement. See Summit Estate, Inc. v. Cigna Healthcare of Cal., Inc., Case No. 5:17-cv-03871-LHK. After Judge Koh granted in part and denied in part Defendants’ motion to dismiss the first amended complaint, Plaintiff filed a notice of voluntary dismissal without prejudice. Dkt. No. 54. The instant action is a refiling of the prior action; the operative complaints in both actions are nearly identical. Defendant moves to dismiss the…