Fast Access Specialty Therapeutics LLC v. UnitedHealth Group, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FAST ACCESS SPECIALTY Case No.: 20cv1953 JM (AGS)

THERAPEUTICS, LLC,

Plaintiff, 13 v.

UNITEDHEALTH GROUP, INC., ORDER ON MOTION TO DISMISS

UNITED HEALTHCARE SERVICES,

and UNITED HEALTHCARE

INSURANCE COMPANY,

17 Defendants. 18

Defendants UnitedHealth Group, Inc., United HealthCare Services, Inc., and United Healthcare Insurance Company (“United”) move to dismiss the First Amended Complaint (Doc. No. 13), pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. No. 17.) Plaintiff Fast Access Specialty Therapeutics, LLC (“Specialty” or “Specialty Pharmacy”) opposes. (Doc. No. 20.) The motion has been fully briefed, including supplemental briefing, (Doc. Nos. 24, 25), and the court finds the motion suitable for submission without oral argument in accordance with Civil Local Rule 7.1(d)(1). For the below reasons, the motion is GRANTED. 28 I. BACKGROUND As alleged in the First Amended Complaint (“FAC”), Specialty is an out-of-network pharmacy that…