Smith v. Walgreens Boots Alliance, Inc

Good Law
United States District Court, Northern District of CaliforniaSeptember 9, 20223:20-cv-05451California2,219 words

Opinion

Trial Court Opinion

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

Plaintiff,

ORDER GRANTING MOTION TO

v.

DISMISS WITH PREJUDICE

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

14 Plaintiff brings a nationwide class action lawsuit against Walgreens, alleging that 15 Walgreens maintains a policy relating to prescription opioid dispensing that discriminates 16 against disabled people. The Court has twice granted Walgreens’ motions to dismiss, and 17 Walgreens now moves to dismiss Plaintiff’s Third Amended Complaint (“TAC”). Motion 18 to Dismiss (dkt. 103) (MTD). The TAC’s allegations generally mirror the allegations in 19 the Second Amended Complaint (“SAC”), and the TAC suffers from similar deficiencies 20 as the SAC. For the reasons discussed below, the Court grants the motion to dismiss the 21 TAC with prejudice. 22 I. BACKGROUND In 2016, the Center for Disease Control (“CDC”) published guidelines to provide “better clinician guidance on opioid prescribing.” See TAC ¶ 50. The CDC…

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