Aton Center, Inc. v. Premera Blue Cross

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ATON CENTER, INC., a Case No.: 3:20-cv-00501-WQH-BGS California corporation, ORDER Plaintiff, 13 v. 14 PREMERA BLUE CROSS, a corporation; and DOES 1 through 10, inclusive, 16 Defendants. 17 HAYES, Judge: The matter pending before the Court is the Motion to Dismiss filed by Defendant Premera Blue Cross. (ECF No. 17). I. PROCEDURAL BACKGROUND On December 27, 2019, Plaintiff Aton Center, Inc. commenced this action by filing a Complaint in the Superior Court of California for the County of San Diego, assigned case number 37-2019-00068777-CU-BC-NC, against Defendant Premera Blue Cross and DOES 1 through 10, inclusive. (ECF No. 1-4). On March 16, 2020, Defendant removed the action to this Court pursuant to 28 U.S.C. § 1332, diversity 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 of Plaintiff’s Complaint for failure to state a claim upon which relief…