Case: Smith v. Walgreens Boots Alliance, Inc

3:20-cv-05451 | U.S. District Court for the Northern District of California

Filed Date: Aug. 6, 2020

Closed Date: Jan. 2, 2024

Clearinghouse coding complete

Case Summary

This is a class action lawsuit filed alleging that pharmacies discriminated against certain individuals in their prescription fulfillment practices, particularly regarding opioid medications On August 6, 2020, the plaintiff, an individual with disabilities who relied on prescription medication for pain management, filed this class action lawsuit on behalf of herself and similarly situated individuals. She filed in the Northern District of California against Walgreens and Costco. Plaintiff alleg…

This is a class action lawsuit filed alleging that pharmacies discriminated against certain individuals in their prescription fulfillment practices, particularly regarding opioid medications

On August 6, 2020, the plaintiff, an individual with disabilities who relied on prescription medication for pain management, filed this class action lawsuit on behalf of herself and similarly situated individuals. She filed in the Northern District of California against Walgreens and Costco. Plaintiff alleged that defendants engaged in discriminatory behavior for individuals seeking prescriptions, including: "blacklisting" certain individuals from receiving necessary medications, imposing hard limits on opioid dosage and duration, requiring non-opioid medication prescriptions alongside opioid prescriptions, and demanding comprehensive medical records before dispensing opioids. She alleged further that the pharmacies' policies treated disabled people disparately and discriminately, leading to denial of meaningful access to their prescriptions.

Plaintiff alleged that policies violated the Americans with Disabilities Act (ADA); Section 504 of the Rehabilitation Act; the Anti-Discrimination Provision of the Affordable Care Act (ACA); the Unruh Act, a California state anti-discrimination statute; and the California Unfair Competition Law. She asked for a declaratory judgment that defendants were violating the acts; injunctive relief to stop Walgreens' and Costco's policies; compensatory, punitive, and statutory damages; and payment of costs and attorneys' fees. The case was initially assigned to Magistrate Judge Thomas S. Hixson and later to Judge James Donato four days later.

On September 14, 2020, Plaintiff filed her first amended complaint. The amended complaint included more details about Plaintiff's disability and medical history. It also contained more allegations about the interactions the pharmacies at Walgreens and Costco.

On October 14, 2020, the case was again reassigned to Judge Charles R. Breyer.

Defendant Costco filed a motion to dismiss for failure to state a claim on November 20, 2020. Costco denied that it had any policy restricting the sale of opioids. Costco further argued that Plaintiff failed to identify any company policy or practice to suggest that Plaintiff was discriminated against on the basis of her disability.

Defendant Walgreens filed a motion to dismiss for failure to state a claim and for lack of jurisdiction on November 20, 2020. Walgreens, on the other hand, admitted that it had a policy for denying opioid medication prescriptions, but that the policy applied to every patient the same way. Plaintiff, Walgreens argued, had failed to allege any facts supporting a theory of intentional discrimination.

On February 3, 2021, Judge Breyer granted both motions to dismiss but granted conditional leave for Plaintiff to amend her complaint against Walgreens. Judge Breyer found that Plaintiff had plausibly alleged that she was disabled under federal law, but had failed to prove that her putative class was disabled. Plaintiff included both chronic pain and acute pain patients in her class of "disabled individuals." The Court found that disabilities require substantial limitations of one of more life activities and that chronic or acute pain were not enough to meet that standard. The claims against Costco were dismissed with prejudice because Plaintiff alleged that in her encounters with the pharmacy, she was simply told no and she failed to identify any policies or practices to suggest discrimination because of her disability. Judge Breyer allowed Plaintiff to address deficiencies in her claims against Walgreens as to the disparate impact for lack of meaningful access and reasonable accommodation. Due to the conditional leave for Plaintiff to amend her complaint, the Court did not address any of Walgreens' jurisdictional arguments.

On February 16, 2021, Plaintiff filed a motion for reconsideration of the court's order to grant Defendant's motions to dismiss. Plaintiff claimed that the Court failed to consider and apply the facts alleged in Plaintiff's first amended complaint and that the Court should not have dismissed based on class definition issues. Judge Breyer granted Plaintiff's motion on March 2, 2021.

On March 22, 2021, Plaintiff filed her second amended complaint. This second amended complaint generally mirrored the first but centered more on CDC guidelines from 2016 that refuted restrictive opioid policies.

On August 30, 2021, Judge Breyer granted both Defendants' motions to dismiss for failure to state a claim. Judge Breyer found that the second amended complaint (1) failed to plausibly allege that Defendants maintained the alleged dose and duration policy and (2) failed to adequately allege that the policies treat disabled people any differently than similarly situated non-disabled people. However, the Court granted Plaintiff leave to amend her complaint because it was not a certainty that she could not allege facts to support her claims.

Plaintiff filed her third amended complaint on November 12, 2021. It was factually similar to the previous amended complaints but included more allegations of her visits to the pharmacies and reliance on CDC guidelines.

On September 9, 2022, Judge Breyer granted motions to dismiss with prejudice as to both defendants and formally entered judgment against Plaintiff. In doing so, Judge Breyer maintained that Plaintiff had failed to plausibly allege that (1) Defendants' policies facially discriminated against disabled people; (2) that the policies disparately impact disabled people; and (3) Defendants failed to provide meaningful accommodations.

On September 23, 2022, Plaintiff filed a notice of appeal to the Ninth Circuit (docket no. 22-16468).

In a brief memorandum filed on January 2, 2024, the Ninth Circuit affirmed the district court's dismissal. The memorandum was before Senior Circuit Judge Sidney R. Thomas and Circuit Judges Danielle J. Forrest and Salvador Mendoza, Jr. The judges found that the district court properly concluded that Plaintiff did not state a claim for facial discrimination, disparate impact, or failure to provide meaningful accommodation.

This case appears closed.

Summary Authors

Herman Gonzalez (2/11/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17421637/parties/smith-v-walgreens-boots-alliance-inc/

Judge(s)

Breyer, Charles R. (California)

Attorney for Plaintiff

Bruno, Joseph M. (California)

Attorney for Defendant

Bloetscher, Abby L (California)

Burman, David (California)

Dick, Joshua David (California)

Judge(s)

Breyer, Charles R. (California)

Attorney for Plaintiff

Bruno, Joseph M. (California)

Haklar, Thomas David (California)

Hirsch, Scott David (California)

Reali, Peggy J. (California)

Redfearn, Robert L. (California)

Sr, Robert L (California)

Attorney for Defendant

Bloetscher, Abby L (California)

Burman, David (California)

Dick, Joshua David (California)

Harris, Alex J. (California)

Helland, Kelsey John (California)

Khanna, Abha (California)

Stevens, Charles Joseph (California)

Stoffelmayr, Kaspar J. (California)

Swift, Katherine Marquess (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 3:20-cv-05451	Complaint	Aug. 6, 2020	Aug. 6, 2020 Complaint
13 3:20-cv-05451	First Amended Complaint Class Action Smith v. Walgreens Boots Alliance	Sept. 14, 2020	Sept. 14, 2020 Complaint
61 3:20-cv-05451	Order Granting Motions to Dismiss and Granting Conditional Leave to Amend	Feb. 3, 2021	Feb. 3, 2021 Order/Opinion 2021 WL 391308
64 3:20-cv-05451	Motion and Memorandum of Law in Support of Plaintiff's Motion for Reconsideration	Feb. 16, 2021	Feb. 16, 2021 Pleading / Motion / Brief
71 3:20-cv-05451	Second Amended Complaint	March 22, 2021	March 22, 2021 Complaint
75 3:20-cv-05451	Walgreens Boots Alliance, Inc.’s Notice of Motion and Motion to Dismiss Second Amended Complaint and Memorandum of Points and Authorities	April 21, 2021	April 21, 2021 Pleading / Motion / Brief
92 3:20-cv-05451	Order Granting Motions to Dismiss Smith v. Walgreens Boots Alliance	Aug. 30, 2021	Aug. 30, 2021 Order/Opinion 2021 WL 3861451
98 3:20-cv-05451	Third Amended Class Action Complaint	Nov. 12, 2021	Nov. 12, 2021 Complaint
122 3:20-cv-05451	Order Granting Motion to Dismiss with Prejudice	Sept. 9, 2022	Sept. 9, 2022 Order/Opinion 2022 WL 4126274
129 3:20-cv-05451	USCA Memorandum U.S. Court of Appeals for the Ninth Circuit	Jan. 2, 2024	Jan. 2, 2024 Order/Opinion 2024 WL 20063

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17421637/smith-v-walgreens-boots-alliance-inc/

Last updated Sept. 1, 2026, 5:01 a.m.

Docket for: Smith v. Walgreens Boots Alliance, Inc

ECF Number	Date	Description	Link
1	Aug. 6, 2020	COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-14783127.). Filed bySusan Smith. (Attachments: # 1 Civil Cover Sheet)(Haklar, Thomas) (Filed on 8/6/2020) (Entered: 08/06/2020) 1 Civil Cover Sheet View on PACER	Clearinghouse
2	Aug. 6, 2020	Proposed Summons. (Haklar, Thomas) (Filed on 8/6/2020) (Entered: 08/06/2020)	RECAP
3	Aug. 6, 2020	Case assigned to Magistrate Judge Thomas S. Hixson. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/20/2020. (anjS, COURT STAFF) (Filed on 8/6/2020) (Entered: 08/06/2020)	RECAP
4	Aug. 6, 2020	Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (mclS, COURT STAFF) (Filed on 8/6/2020) (Entered: 08/06/2020)	RECAP
5	Aug. 6, 2020	Summons Issued as to Costco Wholesale Corporation, WAGDCO, LLC, Walgreens Boots Alliance, Inc. (mclS, COURT STAFF) (Filed on 8/6/2020) (Entered: 08/06/2020)	RECAP
	Aug. 6, 2020	~Util - Case Assigned by Intake
6	Aug. 7, 2020	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Susan Smith.. (Haklar, Thomas) (Filed on 8/7/2020) (Entered: 08/07/2020)	RECAP
7	Aug. 7, 2020	CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (cdnS, COURT STAFF) (Filed on 8/7/2020) (Entered: 08/07/2020)	RECAP
	Aug. 7, 2020	Clerk's Notice of Impending Reassignment - Text Only
8	Aug. 10, 2020	ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 08/10/2020. (Attachments: # 1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 8/10/2020) (Entered: 08/10/2020)	RECAP
9	Aug. 18, 2020	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14828586.) filed by Susan Smith. (Attachments: # 1 Supplement)(Bruno, Joseph) (Filed on 8/18/2020) (Entered: 08/18/2020)	RECAP
10	Aug. 20, 2020	ORDER by Judge James Donato denying 9 Motion for Pro Hac Vice as to Joseph M. Bruno. (lrcS, COURT STAFF) (Filed on 8/20/2020) (Entered: 08/20/2020)	RECAP
11	Aug. 20, 2020	ORDER re 9 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14828586.) filed by Susan Smith. Signed by Judge James Donato on 8/20/2020. (lrcS, COURT STAFF) (Filed on 8/20/2020) (Entered: 08/20/2020)	RECAP
12	Sept. 9, 2020	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14919724.) filed by Susan Smith. (Attachments: # 1 Exhibit Certificate of Good Standing)(Hirsch, Scott) (Filed on 9/9/2020) (Entered: 09/09/2020)	RECAP
13	Sept. 14, 2020	AMENDED COMPLAINT against All Defendants. Filed bySusan Smith. (Attachments: # 1 Civil Cover Sheet, # 2 Summons )(Haklar, Thomas) (Filed on 9/14/2020) Modified on 10/7/2020 (mclS, COURT STAFF). (Entered: 09/14/2020)	Clearinghouse
14	Sept. 14, 2020	Amended Complaint Summons Issued as to Costco Wholesale Corporation, WAGDCO, LLC, Walgreens Boots Alliance, Inc. (mclS, COURT STAFF) (Filed on 9/14/2020) (Entered: 09/14/2020)	RECAP
15	Sept. 15, 2020	AMENDED ORDER re 10 Order on Motion for Pro Hac Vice, 11 Order. Signed by Judge 9/15/2020 on 9/15/2020. (lrcS, COURT STAFF) (Filed on 9/15/2020) (Entered: 09/15/2020)	RECAP
16	Oct. 6, 2020	MOTION for leave to appear in Pro Hac Vice for attorney Robert L Redfearn ( Filing fee $ 310, receipt number 0971-15027785.) filed by Susan Smith. (Redfearn, Robert) (Filed on 10/6/2020) (Entered: 10/06/2020)	RECAP
17	Oct. 6, 2020	* DUPLICATE ENTRY * MOTION for leave to appear in Pro Hac Vice for attorney Robert L Redfearn Jr ( Filing fee $ 310, receipt number 0971-15027868.) filed by Susan Smith. (Redfearn, Robert) (Filed on 10/6/2020) Modified on 10/6/2020 (mclS, COURT STAFF). (Entered: 10/06/2020)	RECAP
19	Oct. 7, 2020	ORDER GRANTING 16 MOTION for leave to appear in Pro Hac Vice for attorney Robert L Redfearn ( Filing fee $ 310, receipt number 0971-15027785.) filed by Susan Smith. Signed by Judge James Donato on 10/7/2020. (lrcS, COURT STAFF) (Filed on 10/7/2020) (Entered: 10/07/2020)	RECAP
20	Oct. 8, 2020	ORDER GRANTING 17 MOTION for leave to appear in Pro Hac Vice for attorney Robert L Redfearn Jr ( Filing fee $ 310, receipt number 0971-15027868.) filed by Susan Smith. Signed by Judge James Donato on 10/8/2020. (lrcS, COURT STAFF) (Filed on 10/8/2020) (Entered: 10/08/2020)	RECAP
21	Oct. 13, 2020	SUA SPONTE JUDICIAL REFERRAL TO DETERMINE WHETHER CASES ARE RELATED. Signed by Judge James Donato on 10/13/2020. (jdlc1S, COURT STAFF) (Filed on 10/13/2020) (Entered: 10/13/2020)	RECAP
22	Oct. 14, 2020	ORDER RELATING CASE. The following cases are related: C18-7591 CRB and C20-5451 JD. Signed by Judge Charles R. Breyer on 10/14/2020. (lsS, COURT STAFF) (Filed on 10/14/2020) (Entered: 10/14/2020)	RECAP
	Oct. 14, 2020	Case Reassigned to Judge Charles R. Breyer. Judge James Donato no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (asS, COURT STAFF) (Filed on 10/14/2020)
	Oct. 14, 2020	Case Assigned/Reassigned
23	Oct. 16, 2020	NOTICE of Appearance by Charles Joseph Stevens (Stevens, Charles) (Filed on 10/16/2020) (Entered: 10/16/2020)	RECAP
24	Oct. 16, 2020	NOTICE of Appearance by Joshua David Dick (Dick, Joshua) (Filed on 10/16/2020) (Entered: 10/16/2020)	RECAP
25	Oct. 16, 2020	NOTICE of Appearance by Kelsey John Helland (Helland, Kelsey) (Filed on 10/16/2020) (Entered: 10/16/2020)	RECAP
26	Oct. 16, 2020	Corporate Disclosure Statement by Walgreens Boots Alliance, Inc. (Dick, Joshua) (Filed on 10/16/2020) (Entered: 10/16/2020)	RECAP
27	Oct. 16, 2020	Corporate Disclosure Statement by WAGDCO, LLC identifying Corporate Parent Walgreens Boots Alliance, Inc. for WAGDCO, LLC. (Dick, Joshua) (Filed on 10/16/2020) (Entered: 10/16/2020)	RECAP
28	Oct. 16, 2020	Certificate of Interested Entities by WAGDCO, LLC, Walgreens Boots Alliance, Inc. identifying Other Affiliate Walgreen Louisiana Co., Inc., Other Affiliate Duane Reade Inc., Other Affiliate Bond Drug Company of Illinois, LLC, Other Affiliate Walgreen Eastern Co., Inc., Other Affiliate WALGREEN ARIZONA DRUG CO., Other Affiliate Walgreen Co., Other Affiliate Walgreen Pharmacy Services Midwest, LLC, Other Affiliate Happy Harry's Discount Drug Stores, Inc., Other Affiliate Happy Harry's, Inc. for WAGDCO, LLC, Walgreens Boots Alliance, Inc.. (Dick, Joshua) (Filed on 10/16/2020) (Entered: 10/16/2020)	RECAP
29	Oct. 16, 2020	* ERRONEOUS ENTRY. SEE 29 * STIPULATION to Extend Time for Defendants to Respond to First Amended Complaint Pursuant to L.R. 6-1(a) filed by WAGDCO, LLC, Walgreens Boots Alliance, Inc. (Stevens, Charles) (Filed on 10/16/2020) Modified on 10/19/2020 (mclS, COURT STAFF). (Entered: 10/16/2020)	RECAP
30	Oct. 16, 2020	STIPULATION (CORRECTED) to Extend Time for Defendants to Respond to First Amended Complaint Pursuant to L.R. 6-1(a) filed by WAGDCO, LLC, Walgreens Boots Alliance, Inc.. (Stevens, Charles) (Filed on 10/16/2020) (Entered: 10/16/2020)	RECAP
31	Oct. 21, 2020	SUMMONS RETURNED EXECUTED filed by Susan Smith. Costco Wholesale Corporation served on 9/29/20, answer due 10/20/20 ; Walgreens Boots Alliance, Inc. served on 9/29/20, answer due 10/20/20 ; WAGDCO, LLC served on 9/29/20, answer due 10/20/20. (Haklar, Thomas) (Filed on 10/21/2020) Modified on 10/22/2020 (mclS, COURT STAFF). (Entered: 10/21/2020)	RECAP
	Oct. 22, 2020	Electronic filing error. Incorrect event used. The correct event is "SUMMONS RETURNED EXECUTED" under the Initial Pleadings and Service/Service of Process category. [err101]Corrected by Clerk's Office. No further action is necessary. Re: 31 Acknowledgment of Service, filed by Susan Smith. (mclS, COURT STAFF) (Filed on 10/22/2020)
	Oct. 22, 2020	Electronic Filing Error
32	Nov. 20, 2020	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15220378.) filed by WAGDCO, LLC, Walgreens Boots Alliance, Inc.. (Stoffelmayr, Kaspar) (Filed on 11/20/2020) (Entered: 11/20/2020)	RECAP
33	Nov. 20, 2020	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15220435.) filed by WAGDCO, LLC, Walgreens Boots Alliance, Inc.. (Swift, Katherine) (Filed on 11/20/2020) (Entered: 11/20/2020)	RECAP
34	Nov. 20, 2020	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15220461.) filed by WAGDCO, LLC, Walgreens Boots Alliance, Inc.. (Harris, Alex) (Filed on 11/20/2020) (Entered: 11/20/2020)	RECAP
35	Nov. 20, 2020	MOTION to Dismiss for Lack of Jurisdiction filed by Walgreens Boots Alliance, Inc.. Motion Hearing set for 1/15/2021 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 12/4/2020. Replies due by 12/11/2020. (Attachments: # 1 Declaration of Joshua D. Dick, # 2 Exhibit A, # 3 Proposed Order)(Dick, Joshua) (Filed on 11/20/2020) (Entered: 11/20/2020)	RECAP
36	Nov. 20, 2020	MOTION to Dismiss filed by WAGDCO, LLC, Walgreens Boots Alliance, Inc.. Motion Hearing set for 1/14/2021 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 12/4/2020. Replies due by 12/11/2020. (Attachments: # 1 Proposed Order)(Dick, Joshua) (Filed on 11/20/2020) (Entered: 11/20/2020)	RECAP
37	Nov. 20, 2020	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15223146.) filed by Costco Wholesale Corporation. (Burman, David) (Filed on 11/20/2020) (Entered: 11/20/2020)	RECAP
38	Nov. 20, 2020	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15223236.) filed by Costco Wholesale Corporation. (Khanna, Abha) (Filed on 11/20/2020) (Entered: 11/20/2020)	RECAP
39	Nov. 20, 2020	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15223470.) filed by Costco Wholesale Corporation. (Khanna, Abha) (Filed on 11/20/2020) (Entered: 11/20/2020)	RECAP
40	Nov. 20, 2020	Corporate Disclosure Statement by Costco Wholesale Corporation (Bloetscher, Abby) (Filed on 11/20/2020) (Entered: 11/20/2020)	RECAP
41	Nov. 20, 2020	MOTION to Dismiss filed by Costco Wholesale Corporation. Motion Hearing set for 1/14/2021 10:00 AM in San Francisco, - To be determined before Judge Charles R. Breyer. Responses due by 12/4/2020. Replies due by 12/11/2020. (Attachments: # 1 Proposed Order)(Bloetscher, Abby) (Filed on 11/20/2020) (Entered: 11/20/2020)	RECAP
42	Nov. 23, 2020	CLERK'S NOTICE RESETTING MOTION to Dismiss for Lack of Jurisdiction filed by Walgreens Boots Alliance, Inc - Motion Hearing reset for 1/14/2021 at 10:00 AM in Videoconference Only before Judge Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 11/23/2020) (Entered: 11/23/2020)	RECAP
	Nov. 23, 2020	Set/Reset Deadlines as to 35 Motion to Dismiss for Lack of Jurisdiction. Motion Hearing set for 1/14/2021 10:00 AM in Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 11/23/2020)
	Nov. 23, 2020	Clerk's Notice
	Nov. 23, 2020	Set Motion and Deadlines/Hearings No NEF
43	Nov. 24, 2020	ORDER by Judge Charles R. Breyer: Granting 32 Motion for Pro Hac Vice, Kaspar Stoffelmayr. (lsS, COURT STAFF) (Filed on 11/24/2020) (Entered: 11/24/2020)	RECAP
44	Nov. 24, 2020	ORDER by Judge Charles R. Breyer: Granting 33 Motion for Pro Hac Vice, Katherine M. Swift. (lsS, COURT STAFF) (Filed on 11/24/2020) (Entered: 11/24/2020)	RECAP
45	Nov. 24, 2020	ORDER by Judge Charles R. Breyer: Granting 34 Motion for Pro Hac Vice, Alex J. Harris. (lsS, COURT STAFF) (Filed on 11/24/2020) (Entered: 11/24/2020)	RECAP
46	Nov. 24, 2020	ORDER by Judge Charles R. Breyer denying 37 Motion for Pro Hac Vice; denying 38 Motion for Pro Hac Vice; denying 39 Motion for Pro Hac Vice. (crblc3S, COURT STAFF) (Filed on 11/24/2020) (Entered: 11/24/2020)	RECAP
47	Nov. 30, 2020	MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-15223470) (Filing fee previously paid on 11/20/2020) filed by Costco Wholesale Corporation. (Khanna, Abha) (Filed on 11/30/2020) (Entered: 11/30/2020)	RECAP
48	Nov. 30, 2020	MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-15223146) (Filing fee previously paid on 11/20/2020) filed by Costco Wholesale Corporation. (Burman, David) (Filed on 11/30/2020) (Entered: 11/30/2020)	RECAP
49	Dec. 1, 2020	ORDER by Judge Charles R. Breyer: Granting 47 Motion for Pro Hac Vice, Abha Khanna. (lsS, COURT STAFF) (Filed on 12/1/2020) (Entered: 12/01/2020)	RECAP
50	Dec. 1, 2020	ORDER by Judge Charles R. Breyer: Granting 48 Motion for Pro Hac Vice, David J. Burman. (lsS, COURT STAFF) (Filed on 12/1/2020) (Entered: 12/01/2020)	RECAP
51	Dec. 3, 2020	STIPULATION WITH PROPOSED ORDER filed by Susan Smith. (Attachments: # 1 Certificate/Proof of Service Joint Stipulation and Proposed Order)(Haklar, Thomas) (Filed on 12/3/2020) (Entered: 12/03/2020)	RECAP
52	Dec. 4, 2020	STIPULATION AND ORDER GRANTING JOINT STIPULATION TO CONTINUE HEARING AND EXTEND BRIEFING SCHEDULE FOR DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT by Judge Charles R. Breyer: Granting 51 Stipulation. Oppositions due by 12/29/2020. Replies due by 1/12/2021. Motion Hearing set for 1/28/2021 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 12/4/2020) (Entered: 12/04/2020)	RECAP
	Dec. 4, 2020	Set/Reset Deadlines as to 35 MOTION to Dismiss for Lack of Jurisdiction, 41 MOTION to Dismiss, 36 MOTION to Dismiss . Responses due by 12/29/2020. Replies due by 1/12/2021. Motion Hearing set for 1/28/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 12/4/2020)
	Dec. 4, 2020	Motion Hearing set for 1/28/2021 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than January 26, 2021.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/., Set/Reset Hearing Motion Hearing set for 1/28/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Charle s R. Breyer. (lsS, COURT STAFF) (Filed on 12/4/2020)
	Dec. 4, 2020	Set Motion and Deadlines/Hearings No NEF
	Dec. 4, 2020	Set/Reset Hearings AND ~Util - Teleconference Zoom
53	Dec. 29, 2020	OPPOSITION/RESPONSE (re 36 MOTION to Dismiss ) filed bySusan Smith. (Attachments: # 1 Certificate/Proof of Service)(Haklar, Thomas) (Filed on 12/29/2020) (Entered: 12/29/2020)	RECAP
54	Dec. 29, 2020	OPPOSITION/RESPONSE (re 41 MOTION to Dismiss ) filed bySusan Smith. (Attachments: # 1 Certificate/Proof of Service)(Haklar, Thomas) (Filed on 12/29/2020) (Entered: 12/29/2020)	RECAP
55	Dec. 29, 2020	OPPOSITION/RESPONSE (re 35 MOTION to Dismiss for Lack of Jurisdiction ) filed bySusan Smith. (Attachments: # 1 Certificate/Proof of Service, # 2 Declaration)(Haklar, Thomas) (Filed on 12/29/2020) (Entered: 12/29/2020)	RECAP
56	Jan. 12, 2021	REPLY (re 35 MOTION to Dismiss for Lack of Jurisdiction ) filed byWalgreens Boots Alliance, Inc.. (Stoffelmayr, Kaspar) (Filed on 1/12/2021) (Entered: 01/12/2021)	RECAP
57	Jan. 12, 2021	REPLY (re 36 MOTION to Dismiss ) filed byWAGDCO, LLC, Walgreens Boots Alliance, Inc.. (Stoffelmayr, Kaspar) (Filed on 1/12/2021) (Entered: 01/12/2021)	RECAP
58	Jan. 12, 2021	REPLY (re 41 MOTION to Dismiss ) filed byCostco Wholesale Corporation. (Bloetscher, Abby) (Filed on 1/12/2021) (Entered: 01/12/2021)	RECAP
59	Jan. 28, 2021	Minute Entry for proceedings held before Judge Charles R. Breyer: Motion Hearing held by Zoom on 1/28/2021 - Re 41 MOTION to Dismiss filed by Costco Wholesale Corporation; 35 MOTION to Dismiss for Lack of Jurisdiction filed by Walgreens Boots Alliance, Inc.; 36 MOTION to Dismiss filed by Walgreens Boots Alliance, Inc., WAGDCO, LLC. Motions taken under submission. The Court will issue an order. (Total Time in Court: 45 Minutes) Court Reporter: Marla Knox. Plaintiff Attorney: Robert Redfearn Jr., Scott Hirsch, Robert L. Redfearn Sr., Thomas Haklar, Joseph M. Bruno Sr., Mark Kepple and Ted Huge. Defendant Attorney: Dave Burman, Kaspar Stoffelmayr, Abby Bloetscher. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Date Filed: 1/28/2021) (Entered: 01/28/2021)	RECAP
	Jan. 28, 2021	Motion Hearing
60	Feb. 3, 2021	TRANSCRIPT ORDER for proceedings held on January 28, 2021 before Judge Charles R. Breyer by WAGDCO, LLC, Walgreens Boots Alliance, Inc., for Court Reporter Marla Knox. (Harris, Alex) (Filed on 2/3/2021) (Entered: 02/03/2021)	RECAP
61	Feb. 3, 2021	ORDER by Judge Charles R. Breyer GRANTING MOTIONS TO DISMISS AND GRANTING CONDITIONAL LEAVE TO AMEND. Amended Complaint due by 3/5/2021. (crblc4, COURT STAFF) (Filed on 2/3/2021) (Entered: 02/03/2021)	Clearinghouse
62	Feb. 5, 2021	MOTION for Reconsideration filed by Susan Smith. (Attachments: # 1 Certificate/Proof of Service)(Haklar, Thomas) (Filed on 2/5/2021) (Entered: 02/05/2021)	RECAP
63	Feb. 8, 2021	ORDER by Judge Charles R. Breyer GRANTING 62 Plaintiff's Motion for Leave to file Motion for Reconsideration. (crblc4, COURT STAFF) (Filed on 2/8/2021) (Entered: 02/08/2021)	RECAP
64	Feb. 16, 2021	MOTION for Reconsideration filed by Susan Smith. (Attachments: # 1 Certificate/Proof of Service)(Haklar, Thomas) (Filed on 2/16/2021) (Entered: 02/16/2021)	Clearinghouse
65	Feb. 22, 2021	OPPOSITION/RESPONSE (re 64 MOTION for Reconsideration ) filed byWAGDCO, LLC, Walgreens Boots Alliance, Inc.. (Stoffelmayr, Kaspar) (Filed on 2/22/2021) (Entered: 02/22/2021)	RECAP
66	Feb. 22, 2021	OPPOSITION/RESPONSE (re 64 MOTION for Reconsideration ) filed byCostco Wholesale Corporation. (Bloetscher, Abby) (Filed on 2/22/2021) (Entered: 02/22/2021)	RECAP
67	March 1, 2021	Transcript of Zoom Webinar Proceedings held on January 28, 2021, before Judge Charles R. Breyer. Court Reporter, Marla F. Knox, RPR, CRR, RMR, telephone number (602) 391-6990. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 60 Transcript Order ) Release of Transcript Restriction set for 6/1/2021. (Related documents(s) 60 ) (mfk, COURT STAFF) (Filed on 3/1/2021) (Entered: 03/01/2021)	RECAP
68	March 2, 2021	ORDER by Judge Charles R. Breyer GRANTING 64 Motion for Reconsideration. Amended Complaint due by 3/22/2021. (crblc4, COURT STAFF) (Filed on 3/2/2021) (Entered: 03/02/2021)	RECAP
69	March 13, 2021	MOTION to Add Defendant filed by Susan Smith. Responses due by 3/29/2021. Replies due by 4/5/2021. (Attachments: # 1 Proposed Order )(Haklar, Thomas) (Filed on 3/13/2021) Modified on 3/15/2021 (mclS, COURT STAFF). (Entered: 03/13/2021)	RECAP
70	March 16, 2021	ORDER by Judge Charles R. Breyer: Granting 69 Motion to Add Defendant. (lsS, COURT STAFF) (Filed on 3/16/2021) (Entered: 03/16/2021)	RECAP
71	March 22, 2021	AMENDED COMPLAINT Second Amended against All Defendants. Filed bySusan Smith. (Attachments: # 1 Certificate/Proof of Service)(Haklar, Thomas) (Filed on 3/22/2021) (Entered: 03/22/2021)	Clearinghouse
	March 22, 2021	Electronic filing error. E-filer is reminded not to bypass the screen to add new party. Corrected by Clerk's Office. No further action is necessary. Re: 71 Amended Complain t filed by Susan Smith. (mclS, COURT STAFF) (Filed on 3/22/2021)
	March 22, 2021	Electronic Filing Error
72	April 2, 2021	STIPULATION WITH PROPOSED ORDER to Set Briefing Schedule on Motions to Dismiss Second Amended Complaint filed by WAGDCO, LLC, Walgreens Boots Alliance, Inc., Walgreens Co.. (Stoffelmayr, Kaspar) (Filed on 4/2/2021) (Entered: 04/02/2021)	RECAP
73	April 5, 2021	STIPULATION AND ORDER by Judge Charles R. Breyer: Granting 72 Stipulation. Defendants motions to dismiss be filed no later than April 21, 2021,Plaintiffs opposition briefs be filed no later than 30 days after the filing of any motion to dismiss;and Defendants reply briefs be filed no later than 14 days after the filing of any opposition brief.(lsS, COURT STAFF) (Filed on 4/5/2021) (Entered: 04/05/2021)	RECAP
74	April 21, 2021	MOTION to Dismiss filed by WAGDCO, LLC, Walgreens Boots Alliance, Inc., Walgreens Co.. Motion Hearing set for 6/18/2021 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 5/21/2021. Replies due by 6/4/2021. (Attachments: # 1 Proposed Order)(Stoffelmayr, Kaspar) (Filed on 4/21/2021) Modified on 4/22/2021 (lsS, COURT STAFF). (Entered: 04/21/2021)	RECAP
75	April 21, 2021	MOTION to Dismiss for Lack of Jurisdiction filed by Walgreens Boots Alliance, Inc.. Motion Hearing set for 6/18/2021 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 5/21/2021. Replies due by 6/4/2021. (Attachments: # 1 Proposed Order)(Stoffelmayr, Kaspar) (Filed on 4/21/2021) Modified on 4/22/2021 (lsS, COURT STAFF). (Entered: 04/21/2021) 1 Proposed Order View on RECAP	Clearinghouse
76	April 21, 2021	MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Costco Wholesale Corporation. Motion Hearing set for 6/18/2021 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 5/21/2021. Replies due by 6/4/2021. (Attachments: # 1 Proposed Order)(Bloetscher, Abby) (Filed on 4/21/2021) Modified on 4/22/2021 (lsS, COURT STAFF). (Entered: 04/21/2021) 1 Proposed Order View on RECAP	RECAP
	April 22, 2021	Set/Reset Deadlines as to 74 MOTION to Dismiss; 76 MOTION to Dismiss Plaintiff's Second Amended Complaint; 75 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 5/21/2021. Replies due by 6/4/2021. (lsS, COURT STAFF) (Filed on 4/22/2021)
	April 22, 2021	Set Motion and Deadlines/Hearings
77	April 26, 2021	ORDER by Judge Charles R. Breyer: Granting 12 Motion for Pro Hac Vice, Scott D. Hirsch. (lsS, COURT STAFF) (Filed on 4/26/2021) (Entered: 04/26/2021)	RECAP
78	May 21, 2021	OPPOSITION/RESPONSE (re 74 MOTION to Dismiss ) filed bySusan Smith. (Attachments: # 1 Certificate/Proof of Service)(Haklar, Thomas) (Filed on 5/21/2021) (Entered: 05/21/2021)	RECAP
79	May 21, 2021	OPPOSITION/RESPONSE (re 76 MOTION to Dismiss Plaintiff's Second Amended Complaint ) filed bySusan Smith. (Attachments: # 1 Certificate/Proof of Service)(Haklar, Thomas) (Filed on 5/21/2021) (Entered: 05/21/2021) 1 Certificate/Proof of Service View on RECAP	RECAP
80	May 21, 2021	OPPOSITION/RESPONSE (re 75 MOTION to Dismiss for Lack of Jurisdiction ) filed bySusan Smith. (Attachments: # 1 Certificate/Proof of Service)(Haklar, Thomas) (Filed on 5/21/2021) (Entered: 05/21/2021) 1 Certificate/Proof of Service View on RECAP	RECAP
81	May 26, 2021	CLERK'S NOTICE VACATING MOTION TO DISMISS HEARING set for June 18, 2021 before the Honorable Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.). Motion Hearing set for 6/24/2021 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appea rance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than June 22, 2021 at 3:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 6/24/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (lsS, COURT ST AFF) (Filed on 5/26/2021) (Entered: 05/26/2021)	RECAP
	May 26, 2021	Set/Reset Deadlines as to 74 MOTION to Dismiss, 76 MOTION to Dismiss Plaintiff's Second Amended Complaint, 75 MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 6/24/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 5/26/2021)
	May 26, 2021	~Util - Teleconference Zoom AND Clerk's Notice

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Case Details

State / Territory:

California

Case Type(s):

Disability Rights

Key Dates

Filing Date: Aug. 6, 2020

Closing Date: Jan. 2, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual with chronic pain and epilepsy who was prescribed opioid medication.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Private Entity/Person

Costco Wholesale

Walgreens

Defendant Type(s):

Retailer

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

Affordable Care Act Section 1557, 42 U.S.C. § 18116

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

Northern District of California 3:20-cv-05451

U.S. Court of Appeals for the Ninth Circuit 22-16468

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Disability and Disability Rights:

Opioid disorder/medication

Discrimination Area:

Disparate Impact

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation

Case Summary of Smith v. Walgreens Boots Alliance, Inc, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45969/ (last updated 2/11/2025).