Rosario

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 10 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

AURORA ROSARIO, individually and on No. 24-6673 behalf of all others similarly situated and on D.C. No. behalf of the general public, 2:21-cv-07221-JAK-PD Plaintiff - Appellant,

MEMORANDUM*

v.

PIH HEALTH, INC.,

Defendant - Appellee,

v.

FERDINAND RIVERA,

Movant - Appellee.

Appeal from the United States District Court for the Central District of California John A. Kronstadt, District Judge, Presiding

Argued and Submitted February 4, 2026 Pasadena, California

Before: GRABER, BRESS, and JOHNSTONE, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff Aurora Rosario appeals the district court’s dismissal of her putative

class action pursuant to the discretionary home state exception to subject matter

jurisdiction under the Class Action Fairness Act (“CAFA”), 28 U.S.C.

§ 1332(d)(3). We review for abuse of discretion the district court’s decision to

decline to…