Osborn

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 14 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GORDON R. OSBORN, D.D.S., No. 24-1819 D.C. No. 1:21-cv-00842-CDB Plaintiff-Appellant,

MEMORANDUM*

v.

THE PAUL REVERE LIFE INSURANCE

COMPANY,

Defendant-Appellee.

Appeal from the United States District Court for the Eastern District of California Christopher D. Baker, Magistrate Judge, Presiding

Argued July 7, 2025 San Francisco, California

Before: H.A. THOMAS and DE ALBA, Circuit Judges, and RAKOFF, District Judge.**

Plaintiff-appellant Gordon R. Osborn, D.D.S., practiced as an oral and

maxillofacial surgeon for more than three decades. Osborn suffers from medical

conditions that predispose him to adverse outcomes from COVID-19 infection,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. including death. Defendant-appellee The Paul Revere Life Insurance Company

(“Paul…