Djeneba Sidibe v. Sutter Health

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DJENEBA SIDIBE; JERRY No. 22-15634

JANKOWSKI; SUSAN HANSEN;

DAVID HERMAN; OPTIMUM D.C. No. GRAPHICS, INC.; JOHNSON POOL 3:12-cv-04854-LB & SPA, on Behalf of Themselves and All Others Similarly Situated,

OPINION

Plaintiffs-Appellants,

v.

SUTTER HEALTH,

Defendant-Appellee, ______________________________

AETNA HEALTH OF

CALIFORNIA, INC.; AETNA LIFE

INSURANCE COMPANY;

ANTHEM BLUE CROSS; BLUE

SHIELD OF CALIFORNIA; UNITED

HEALTHCARE SERVICES, INC.;

KAISER FOUNDATION HEALTH

PLAN INC.,

Intervenors. Appeal from the United States District Court for the Northern District of California Laurel D. Beeler, Magistrate Judge, Presiding

Argued and Submitted August 24, 2023 San Francisco, California

Filed June 4, 2024

Before: Patrick J. Bumatay, Lucy H. Koh, and Roopali H. Desai, Circuit Judges.

Opinion by Judge Koh; Dissent by Judge Bumatay

SUMMARY*

California’s Cartwright Act

In an action brought by a certified class of individuals and businesses in Northern California who paid health care premiums to certain health plans (Plaintiffs), the panel…