Bouche
Colorescience, Inc. v. Bouche
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 COLORESCIENCE, INC, Case No.: 20cv595-GPC(AGS)
Plaintiff,
ORDER DENYING DEFENDANTS’
v. MOTION TO DISMISS
STEPHEN BOUCHE, ERIC D. [Dkt. No. 21.] NIELSON, and THE NIELSEN LAW
FIRM, P.C.,
16 Defendants.
18 Before the Court is Defendants’ motion to dismiss pursuant to Federal Rule of 19 Civil Procedure 12(b)(6), 12(b)(2), and 12(b)(3). (Dkt. No. 21.) Plaintiff filed an 20 opposition and Defendants replied. (Dkt. Nos. 25, 27.) Based on the reasoning below, 21 the Court DENIES Plaintiff’ s motion to dismiss. 22 Factual Background 23 Plaintiff Colorescience (“Plaintiff”) is a small corporation that develops, markets, 24 and sells skin care products. (Dkt. No. 1, Comp. ¶¶ 1, 8.) It provides medical, dental, 25 vision, and prescription drug benefits to employees and their dependents and these 26 benefits are self-insured by Plaintiff. (Id. ¶ 9.) Plaintiff is the Plan Administrator of the 27 Colorescience Welfare Benefit Plan (“Plan”). (Id. at p. 2.) The…