Doe One v. CVS Health Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN DOE ONE, et al., Case No. 18-cv-01031-EMC

Plaintiffs,

ORDER DENYING DEFENDANTS’

v. MOTION TO DISMISS

CVS PHARMACY, INC., et al., Docket No. 184 Defendants.

12 13 Plaintiffs bring this putative class action alleging that five CVS entities—Caremark, L.L.C., Caremark PCS Health, L.L.C, CVS Pharmacy, Inc., Garfield Beach CVS, L.L.C., and Caremark California Specialty Pharmacy, L.L.C. (collectively, “Defendants”)—have discriminatorily denied them benefits under their employer-offered prescription drug benefit plans. Plaintiffs allege that their benefit plans allow them to obtain their HIV/AIDS medications at favorable “in-network” prices only via mail or a CVS pharmacy. Compared to the non-CVS “community pharmacies” from which Plaintiffs were previously able to obtain their medications, the mail order and CVS Pharmacy pickup options do not offer the same level of privacy, convenience, reliability, and service. …