Smith v. Sequoia Benefits and Insurance Services LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JUSTICE SMITH, Case No. 24-cv-01363-SI
Plaintiff,
ORDER DENYING PLAINTIFF’S
v. MOTION FOR RECONSIDERATION
SEQUOIA BENEFITS AND INSURANCE Re: Dkt. No. 12 SERVICES LLC, et al., 11 Defendants. 12 Plaintiff Justice Smith has filed a motion for reconsideration of this Court’s order dismissing the complaint with leave to amend. For the reasons set forth below, the Court DENIES the motion. Smith may still file an amended complaint by April 19, 2024 if she wishes to do so. Smith contends that she can sue Sequoia and the private individual defendants under 42 U.S.C. § 1983 because “Defendants have obtained licenses to act through the state” and therefore defendants were acting under color of state law at the time the data breach occurred. Smith has attached to her motion documents showing that Sequoia and Golub are licensed by the California Department of Insurance to conduct insurance business in the state, and that Persson is admitted to 21…