Caldwell

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MARY CALDWELL, Plaintiff, No. C 19-2861 WHA

v.

UNITEDHEALTHCARE INSURANCE ORDER ON 76 MOTION FOR CLASS COMPANY, et al., CERTIFICATION 9 Defendants.

11 INTRODUCTION In this putative class action to recover health benefits under an ERISA plan, plaintiff insured moves for certification of a class under Rule 23(b)(1) and Rule 23(b)(2). Defendant insurers oppose. To the extent stated herein, plaintiff’s motion is granted. STATEMENT Plaintiff Mary Caldwell brought this action on behalf of herself and all others similarly situated, against defendants UnitedHealthCare Insurance Company and United HealthCare Services Inc. (together, “United”). Plaintiff alleges that United categorically denied all requests and/or claims for liposuction to treat lipedema as unproven and not medically necessary, without regard to members’ individual medical need, in violation of ERISA. United plans…