Opinion
Civil Action SA-22-CV-1201-OLG
09-24-2024
WINDMILL WELLNESS RANCH, L.L.C, and USAA PLAN MEMBERS A.H., et. al. Plaintiffs v. UNITED SERVICES AUTOMOBILE ASSOCIATION and USAA MEDICAL CARE PLAN Defendants
ORDER
ORLANDO L. GARCIA, UNITED STATES DISTRICT JUDGE
The Court has considered the report and recommendation of United States Magistrate Judge Henry J. Bemporad, filed in the above-styled and numbered cause on July 31, 2024. Docket no. 42. Defendants filed objections. Docket no. 43.
The Court has conducted an independent review of those portions of the report to which objection is made. See 28 U.S.C. § 636(b)(1)(C); FED. R. ClV. P. 72(b). After review, the Court finds that the Magistrate Judge's recommendation should be accepted.
It is therefore ORDERED that the Magistrate Judge's recommendation (docket no. 42) is ACCEPTED. For the reasons stated in the recommendation, Defendants' motion to dismiss claims in the third amended complaint (docket no. 38) is DENIED on Plan Members' Article III standing; DENIED WITHOUT PREJUDICE on Windmill's derivative standing; and GRANTED IN PART on the federal and state Parity Act claims. The federal and state Parity Act claims are DISMISSED WITH PREJUDICE.
It is so ORDERED