Condry

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RACHEL CONDRY, et al., Case No. 17-cv-00183-VC

Plaintiffs,

ORDER DENYING MOTION TO

v. INTERVENE

UNITEDHEALTH GROUP, INC., et al., Re: Dkt. No. 221 Defendants.

In early 2017, six named plaintiffs brought this lawsuit against United Healthcare, seeking to represent a nationwide class. The named plaintiffs sought retrospective as well as prospective relief on behalf of themselves and the class. Relatively early in the case, the Court expressed concerns to plaintiffs’ counsel about whether any of the named plaintiffs had standing to seek prospective relief. Even if the Court hadn’t expressed these concerns, they should have been obvious in light of Los Angeles v. Lyons, 461 U.S. 95 (1983), and the many subsequent cases applying it. Nonetheless, during the period when the Court was considering cross-motions for summary judgment as to the named plaintiffs, counsel did not seek to add a named plaintiff qualified to seek prospective relief. After the summary judgment ruling, further discovery took place, and the plaintiffs filed a motion for class certification, seeking certification of…