IN RE eHEALTH INC. SECURITIES LITIGATION

I. BACKGROUND1

16 Lead Plaintiff Chicago & Vicinity Laborers’ District Council Pension Fund brings this 17 proposed securities class action on behalf of all persons and entities who purchased or otherwise 18 acquired shares of eHealth common stock between March 19, 2018, and July 23, 2020 (“Class 19 Period”). ECF Nos. 46, 116. Plaintiff alleges that eHealth and its officers Flanders, Yung, and 20 Francis violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 21 by making misleading statements during earnings calls that artificially inflated the price of eHealth 22 stock during the Class Period. 23 eHealth is a health insurance broker that receives commissions from insurance companies 24

26 1 For the purposes of deciding this motion, the Court accepts as true all allegations set forth in the operative amended complaint, ECF No. 46. See Chavez v. United States, 683 F.3d 1102, 1108 27 (9th Cir. 2012) (“[U]nder Rule 12(c) . . . ‘a court must determine whether the facts alleged in the for policies it sells on their behalf. A customer applies for a policy through eHealth; to become effective, the insurance company must approve it. …