MANAGED PHARMACY CARE v. SEBELIUS

Nos. 12-55067, 12-55068, 12-55103, 12-55315, 12-55331, 12-55332, 12-55334, 12-55335, 12-55535, 12-55550, 12-55554.

705 F.3d 934 (2012)

MANAGED PHARMACY CARE, a California corporation; Independent Living Center of Southern California, Inc., a California corporation; California Foundation for Independent Living Centers, a California corporation; Gerald Shapiro, Pharm D, DBA Upton Pharmacy and Gift Shoppe; Sharon Steen, DBA Central Pharmacy; Tran Pharmacy, Inc., a California corporation, DBA Tran Pharmacy; Odette Leonelli, DBA Kovacs-Frey Pharmacy; Market Pharmacy, Inc., DBA Market Pharmacy; Mark Beckwith, Plaintiffs-Appellees, v. Kathleen SEBELIUS, Secretary of the United States Department of Health and Human Services, Defendant, and Toby Douglas, Director of the Department of Health Care Services of the State of California, Defendant-Appellant. California Hospital Association, Plaintiff-Appellee, v. Toby Douglas, Director of the Department of Health Care Services of the State of California, Defendant-Appellant, and Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Defendant. California Medical Transportation Association, Inc., a California corporation; GMD Transportation, Inc., a California corporation; Lonny Slocum, an individual, Plaintiffs-Appellees, v. Toby Douglas, Director of the Department of Health Care Services of the State of California, Defendant-Appellant, and Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Defendant. California Medical Association; California Dental Association; California Pharmacists Association; National Association of Chain Drug Stores; California Association of Medical Product Suppliers; AIDS Healthcare Foundation; American Medical Response West; Jennifer Arnold, Plaintiffs-Appellees, v. Toby Douglas, Director of the Department of Health Care Services of the State of California, Defendant-Appellant, and Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Defendant. California Hospital Association, Plaintiff-Appellee, v. Toby Douglas, Director of the Department of Health Care Services of the State of California, Defendant, and Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Defendant-Appellant. Managed Pharmacy Care, a California corporation; Independent Living Center of Southern California, Inc., a California corporation; California Foundation for Independent Living Centers, a California corporation; Gerald Shapiro, Pharm D, DBA Upton Pharmacy and Gift Shoppe; Sharon Steen, DBA Central Pharmacy; Tran Pharmacy, Inc., a California corporation, DBA Tran Pharmacy; Odette Leonelli, DBA Kovacs-Frey Pharmacy; Market Pharmacy, Inc., DBA Market Pharmacy; Mark Beckwith, Plaintiffs-Appellees, v. Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Defendant-Appellant, and Toby Douglas, Director of the Department of Health Care Services of the State of California, Defendant. California Medical Transportation Association, Inc., a California corporation; GMD Transportation, Inc., a California corporation; Lonny Slocum, an individual, Plaintiffs-Appellees, v. Toby Douglas, Director of the Department of Health Care Services of the State of California, Defendant, and Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Defendant-Appellant. California Medical Association; California Dental Association; California Pharmacists Association; National Association of Chain Drug Stores; California Association of Medical Product Suppliers; AIDS Healthcare Foundation; American Medical Response West; Jennifer Arnold, Plaintiffs-Appellees, v. Toby Douglas, Director of the Department of Health Care Services of the State of California, Defendant, and Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Defendant-Appellant. California Hospital Association; G.G., an individual; I.F., an individual; R.E., an individual; A.W., an individual; A.G., an individual, Plaintiffs-Appellants, v. Toby Douglas, Director of the Department of Health Care Services of the State of California; Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Defendants-Appellees. California Medical Association; California Dental Association; California Pharmacists Association; National Association Of Chain Drug Stores; California Association of Medical Product Suppliers; AIDS Healthcare Foundation; American Medical Response West; Jennifer Arnold, Plaintiffs-Appellants, v. Toby Douglas, Director of the Department of Health Care Services of the State of California; Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Defendants-Appellees. California Medical Transportation Association, Inc., a California corporation; Lonny Slocum, an individual; GMD Transportation, Inc., a California corporation, Plaintiffs-Appellants, v. Toby Douglas, Director of the Department of Health Care Services of the State of California; Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 13, 2012.


Attorney(s) appearing for the Case

Lindsey Powell , United States Attorneys' Office, Washington, D.C., for Kathleen Sebelius.

Kamala D. Harris , California Attorney General, Julie Weng-Gutierrez , Senior Assistant Attorney General, Karin S. Schwartz (argued), Susan M. Carson , and Jennifer M. Kim , Supervising Deputy Attorneys General, Gregory D. Brown , Joshua N. Sondheimer , and Jonathan E. Rich , Deputy Attorneys General, San Francisco, CA, for Toby Douglas.

Lynn S. Carman , Medicaid Defense Fund, San Anselmo, CA; Lloyd A. Bookman and Jordan B. Keville , Hooper, Lundy & Bookman, P.C.; Stanley L. Friedman , Law Offices of Stanley L. Friedman, Los Angeles, CA; Craig J. Cannizzo , Hooper, Lundy & Bookman, P.C., San Francisco, CA; for Plaintiffs-Appellees-Cross-Appellants.

Jessica Lynn Ellsworth , Hogan Lovells U.S. LLP, Washington, D.C., for amicus curiae.

Before: STEPHEN S. TROTT, ANDREW J. KLEINFELD, and M. MARGARET McKEOWN, Circuit Judges.


OPINION

TROTT, Circuit Judge:

In the four cases giving rise to these eleven consolidated appeals, Kathleen Sebelius, Secretary of the Department of Health and Human Services ("HHS"), and Toby Douglas, Director of the California Department of Health Care Services ("DHCS"), appeal the district court's grant of preliminary injunctions in favor of various providers and beneficiaries of Medi-Cal, California's Medicaid program ("Plaintiffs"). The injunctions prohibit...

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