Jerald Friedman v. AARP Inc

I. BACKGROUND

1 Plaintiffs Jerald Friedman (“Friedman”) and Carol McGee (“McGee”) (collectively, 2 “Plaintiffs”) bring this putative class action against defendants AARP, Inc., AARP 3 Services Inc., AARP Insurance Plan, UnitedHealth Group, Inc., and United Healthcare 4 Insurance Company (collectively, “Defendants”). (Dkt. 111, First Amended Complaint 5 (“FAC”) ¶¶ 32-41.) The court has set forth the basic facts of the case in its prior Orders, 6 (Dkts. 50, 78), which it repeats here in relevant part. 7 In or around 2011, Plaintiffs purchased a type of health insurance policy, known 8 as a “Medigap” policy, which is designed to offer extra coverage to Medicare 9 beneficiaries beyond the basic Medicare benefits, including coverage of copays and deductibles that would otherwise be the patient’s responsibility. (FAC ¶¶ 32-33, 46.) 12 Plaintiffs purchased a Medigap policy that was endorsed by AARP,1 with UnitedHealth2 as the insurer. (Id. ¶¶ 32-33, 48.) “AARP [Insurance Plan] is the group policyholder under the Policy.” (Id. ¶ 10.) Additionally, for every AARP/UnitedHealth Medigap policy sold, AARP receives a payment of 4.9%3 of the amount paid by the…