Watanabe

I. BACKGROUND

21 The plaintiffs in this case are two disabled individuals and the nonprofit California 22 Foundation for Independent Living Centers (“CFILC”), an “organization that serves and supports 23 more than twenty Independent Living Centers across the state and leads several state-wide 24 programs for Californians with disabilities.” SAC ¶¶ 3, 4. Plaintiffs initially filed this putative 25 class action lawsuit on October 7, 2021, alleging that Kaiser Foundation Health Plan, Inc. 26 (“Kaiser”), the Department of Managed Health Care (“DMHC”), and DMHC Director Mary 27 Watanabe unlawfully excluded or limited coverage for wheelchairs in the California EHB- Benchmark plan (“the Plan”). Plaintiffs filed an amended complaint the following month, Dkt. No. 12, which state defendants moved to dismiss, Dkt. Nos. 33 and 34, and defendant Kaiser moved to compel to arbitration, Dkt. No. 32. On September 27, 2022, the Court issued two orders: one granting Kaiser’s motion to compel arbitration, Dkt. No. 66, and the other granting state defendants’ motion to dismiss the complaint on the ground that suit against DMHC and Director Watanabe was barred under the…