Kazda

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHALA KAZDA, Case No. 19-cv-02512-WHO

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS THE FIRST AMENDED COMPLAINT'S SECOND CLAIM OF AETNA LIFE INSURANCE COMPANY, RELIEF Defendant. Re: Dkt. No.

12 INTRODUCTION Aetna Life Insurance Company (“Aetna”) denied Michala Kazda insurance coverage for liposuction to treat her advanced lipedema because it found the procedure was “cosmetic” and not medically necessary. Kazda filed suit under the Employee Retirement Income Security Act (“ERISA”), seeking recovery on behalf of herself and others who have had their claims erroneously denied. I previously dismissed her original complaint because she did not sufficiently plead a claim under 29 U.S.C. § 1132 (a)(1)(B) for denial of benefits and under 29 U.S.C. § 1132 (a)(3) for breach of fiduciary duty. See Order Granting Motion to Dismiss Without Prejudice (“Order”) [Dkt. No. 30]. Now in…