NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 14 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

E. S., by and through her parents, R.S. and No. 18-35892 J.S., on her own behalf, and on behalf of all similarly situated individuals; JODI D.C. No. 2:17-cv-01609-RAJ STERNOFF, on her own behalf, and on behalf of all similarly situated individuals,

MEMORANDUM*

Plaintiffs-Appellants,

v.

REGENCE BLUESHIELD; CAMBIA

HEALTH SOLUTIONS, INC, FKA The Regence Group,

Defendants-Appellees.

Appeal from the United States District Court for the Western District of Washington Richard A. Jones, District Judge, Presiding

Argued and Submitted November 8, 2019 Seattle, Washington

Before: GOULD and NGUYEN, Circuit Judges, and PRESNELL,** District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Gregory A. Presnell, United States District Judge for the Middle District of Florida, sitting by designation. Plaintiffs appeal from the district court’s judgment dismissing for failure to

state a claim their complaint alleging health care discrimination under the

Affordable Care Act, 42 U.S.C. § 18116. We have jurisdiction pursuant to 28

U.S.C. § 1291. Pursuant to our concurrently filed opinion in Schmitt v. Kaiser

Foundation Health Plan of Washington, No. 18-35846, we affirm the dismissal of

the complaint, reverse the district court’s decision not to allow amendment, and

remand with instructions to grant plaintiffs leave to amend.

AFFIRMED in part, REVERSED in part, and REMANDED.

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