Smith v. Walgreens Boots Alliance, Inc

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 SUSAN SMITH, Case No. 20-cv-05451-CRB

Plaintiff,

ORDER GRANTING MOTIONS TO

v. DISMISS AND GRANTING

CONDITIONAL LEAVE TO AMEND

WALGREENS BOOTS ALLIANCE, INC., et al., 12 Defendants.

Before the Court is a putative class action brought on behalf of chronic pain 15 patients1 against two sets of pharmacies in connection with the pharmacies’ distribution of 16 opioid drugs. This case is a companion to City and County of San Francisco, et al. v. 17 Purdue Pharma L.P., et al., No. 3:18-cv-07591-CRB (hereinafter, “Purdue”). In Purdue, this Court held that the Controlled Substances Act (“CSA”) imposes a duty upon 20 distributors of opioids to “identify, report, and refrain” from filling suspicious opioid 21 orders. See Purdue, No. 3:18-cv-07591-CRB (dkt. 285 at 5-7). The Court found that 22 entities in the opioids stream-of-commerce are obligated to “provide effective controls and procedures to guard against theft and diversion of controlled…