Beitzel

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 GEORGE BEITZEL, KATHERINE KRAIG, No. 2:23-cv-01932 WBS DB and SHARON GOLDSTEIN, on behalf of themselves and all others similarly situated, MEMORANDUM AND ORDER Plaintiffs, 15 v. 16 XAVIER BECERRA, Secretary of Health and Human Services, Defendant. 19 ----oo0oo---- Plaintiffs George Beitzel, Katherine Kraig, and Sharon Goldstein bring this putative class action for declaratory and injunctive relief against Xavier Becerra, the Secretary of Health and Human Services, regarding a series of denied Medicare claims. (First Am. Compl. (“FAC”) (Docket No. 19).) Plaintiffs assert two legal claims: violation of due process (Claim 1), and failure to waive liability for Medicare Part B drugs (Claim 2). Beitzel further asserts a violation of the Rehabilitation Act, 29 U.S.C. § 794(a) (Claim 3). Defendant now moves to dismiss. (Mot. (Docket No. 29).) The parties are…