California Spine And Neurosurgery Institute v. Fresenius USA, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 CALIFORNIA SPINE AND Case No. 21-cv-03107-EMC

NEUROSURGERY INSTITUTE,

7 Plaintiff, ORDER DENYING DEFENDANT’S MOTION FOR JUDGMENT ON THE v. PLEADINGS 9 FRESENIUS USA, INC., Docket No. 27 10 Defendant. 11 12 Plaintiff California Spine and Neurosurgery Institute (“Cal Spine”) has filed suit against Defendant Fresenius Medical Care Holdings, Inc. (“FMCH”), asserting a claim for promissory estoppel. The dispute between the parties relates to medical services that Cal Spine provided to an employee of FMCH known as R.A. R.A. was insured by an employee welfare plan that FMCH sponsored and underwrote. According to Cal Spine, the Plan administrator promised Cal Spine that it would be paid the usual and customary rates for those medical services; however, that promise was not kept; as a result, Cal Spine was underpaid. Pending before the Court is FMCH’s motion for judgment on the pleadings. FMCH contends that the…