E. S. v. Regence Blueshield

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 14 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
E. S., by and through her parents, R.S. and No. 18-35892
J.S., on her own behalf, and on behalf of all
similarly situated individuals; JODI D.C. No. 2:17-cv-01609-RAJ
STERNOFF, on her own behalf, and on
behalf of all similarly situated individuals,
MEMORANDUM*
Plaintiffs-Appellants,
v.
REGENCE BLUESHIELD; CAMBIA
HEALTH SOLUTIONS, INC, FKA The
Regence Group,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Washington
Richard A. Jones, District Judge, Presiding
Argued and Submitted November 8, 2019
Seattle, Washington
Before: GOULD and NGUYEN, Circuit Judges, and PRESNELL,** District
Judge.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Gregory A. Presnell, United States District Judge for
the Middle District of Florida, sitting by designation.
Plaintiffs appeal from the district court’s judgment dismissing for failure to
state a claim their complaint alleging health care discrimination under the
Affordable Care Act, 42 U.S.C. § 18116. We have jurisdiction pursuant to 28
U.S.C. § 1291. Pursuant to our concurrently filed opinion in Schmitt v. Kaiser
Foundation Health Plan of Washington, No. 18-35846, we affirm the dismissal of
the complaint, reverse the district court’s decision not to allow amendment, and
remand with instructions to grant plaintiffs leave to amend.
AFFIRMED in part, REVERSED in part, and REMANDED.
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