Doe One v. CVS Health Corporation

I. INTRODUCTION

14 Before the Court are Plaintiffs’ motion to file a third amended complaint and Defendants’ motion to dismiss the second amended complaint as moot. Plaintiffs allege disability discrimination based on being required by their health plan to enroll in a mail-order prescription program. This case was remanded by the Ninth Circuit after it revived Plaintiffs’ disability discrimination cause of action under the Affordable Care Act, and Plaintiffs’ Unfair Competition Law claim to the extent it relied on a violation of the ACA. The Supreme Court granted cert, but Petitioners—Defendants here—withdrew their cert petition before oral argument. For the reasons set forth below, Plaintiffs’ motion to amend is GRANTED, and Defendants’ motion to dismiss is DENIED without prejudice. II. BACKGROUND Does 1-5 filed their initial complaint alleging, inter alia, disability discrimination under the Affordable Care Act. This Court dismissed their complaint, and the Ninth Circuit affirmed the dismissal except as to their ACA claim, which it revived. The Ninth Circuit held…