Potts v. Rawlings Co.

MEMORANDUM OPINION AND ORDER

J. PAUL OETKEN, District Judge:

This case is a putative class action by enrollees in Medicare Advantage plans *188seeking a declaratory judgment that, pursuant to New York State General Obligation Law § 5-335 (“GOL § 5-335”), the Defendant Medicare Advantage organizations and their agents do not have a right to seek reimbursement of monies that Plaintiffs received in settlements of lawsuits. Plaintiffs also assert a claim for violation of the New York deceptive business practices statute, N.Y. Gen. Bus. L. § 349 (“GBL § 349”).

Plaintiffs originally filed this action in…