BY AND THROUGH v. BLUESHIELD (2020)

United States Court of Appeals, Ninth Circuit.

E. S., BY AND THROUGH her parents, R.S. and J.S., on her own behalf, and on behalf of all similarly situated individuals; Jodi Sternoff, on her own behalf, and on behalf of all similarly situated individuals, Plaintiffs-Appellants, v. Regence BLUESHIELD; Cambia Health Solutions, Inc, fka The Regence Group, Defendants-Appellees.

No. 18-35892

Decided: July 14, 2020

Before: GOULD and NGUYEN, Circuit Judges, and PRESNELL,* District Judge.

Eleanor Hamburger, Attorney, Richard E. Spoonemore, Attorney, Sirianni Youtz Spoonemore Hamburger PLLC, Seattle, WA, for Plaintiffs-Appellants Brad Spencer Daniels, Attorney, Maren R. Norton, Attorney, Stoel Rives LLP, Seattle, WA, for Defendants-Appellees Carly Alexis Myers, Disability Rights Education and Defense Fund, Berkeley, CA, for Amicus Curiae Disability Rights Education and Defense Fund, Inc. Sarah Somers, Attorney, National Health Law Program, Carrboro, NC, for Amici Curiae National Health Law Program, Inc., Northwest Health Law Advocates

MEMORANDUM **

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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