Aton Center, Inc. v. Blue Cross and Blue Shield of North Carolina

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ATON CENTER, INC., a Case No.: 3:20-cv-00492-WQH-BGS California corporation, ORDER Plaintiff, 13 v.

BLUE CROSS AND BLUE

SHIELD OF NORTH CAROLINA, a corporation; and 16 DOES 1 through 10, inclusive, 17 Defendants. 18 HAYES, Judge: 19 The matter pending before the Court is the Motion to Dismiss filed by Defendant 20 Blue Cross and Blue Shield of North Carolina. (ECF No. 17).

I. PROCEDURAL BACKGROUND

22 On December 27, 2019, Plaintiff Aton Center, Inc. commenced this action by filing 23 a Complaint in the Superior Court of California for the County of San Diego, assigned case 24 number 37-2019-00068844-CU-BC-NC, against Defendant Blue Cross and Blue Shield of 25 North Carolina and DOES 1 through 10, inclusive. (ECF No. 1-4). On March 16, 2020, 26 Defendant removed the action to this Court pursuant to 28 U.S.C. § 1332, diversity 27 jurisdiction, 28 U.S.C. § 1441(b), and 28 U.S.C. § 1446. (ECF No. 1). 28 On April 17, 2020, Defendant filed a Motion to Dismiss Plaintiff’s Complaint…