INDEPENDENT LIVING CENTER OF SOUTHERN CALIFORNIA, INC., a nonprofit corporation; Gray Panthers of Sacramento, a nonprofit corporation; Gray Panthers of San Francisco, a nonprofit corporation; Gerald Shapiro, Pharm. D. doing business as Uptown Pharmacy and Gift Shoppe; Sharon Steen doing business as Central Pharmacy; Mark Beckwith; Margaret Dowling; Tran Pharmacy, Inc., doing business as Tran Pharmacy; Jason Young, Petitioners-Appellees,
Sacramento Family Medical Clinics, Inc.; Theodore Mazer M.D.; Ronald B. Mead; Acacia Adult Day Services, Interveners-Appellees,
v.
David MAXWELL-JOLLY, Director of the Department of Health Care Services, State of California, Respondent-Appellant.
Independent Living Center of Southern California, Inc., a nonprofit corporation; Gray Panthers of Sacramento, a nonprofit corporation; Gray Panthers of San Francisco, a nonprofit corporation; Gerald Shapiro, Pharm. D. doing business as Uptown Pharmacy and Gift Shoppe; Sharon Steen doing business as Central Pharmacy; Mark Beckwith; Margaret Dowling; Tran Pharmacy, Inc., doing business as Tran Pharmacy; Jason Young Petitioners-Appellants,
Sacramento Family Medical Clinics, Inc.; Theodore Mazer M.D.; Ronald B. Mead; Acacia Adult Day Services, Interveners,
v.
David Maxwell-Jolly, Director of the Department of Health Care Services, State of California, Respondent-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 18, 2009.
Filed July 9, 2009.
Attorney(s) appearing for the Case
Richard T. Waldow and Jennifer M. Kim, Supervising Deputy Attorneys General, Carmen D. Snuggs, Tara L. Newman, Andrew Dhadwal, and Sara Ugaz, Deputy Attorneys General, Office of the Attorney General of the State of California, Los Angeles, CA, for respondent-appellant/appellee David Maxwell-Jolly, Director of the Department of Health Care Services for the State of California.
Lynn S. Carman, Medicaid Defense Fund, Novato, CA, and Stanley L. Friedman, Los Angeles, CA, for appellees-appellees/appellants Independent Living Center of Southern California, et al.
Craig J. Cannizzo, Felicia Y. Sze, Hooper, Lundy & Bookman, Inc., San Francisco, CA, and Lloyd A. Bookman, Byron J. Gross, Jordan B. Reveille, Hooper, Lundy & Bookman, Inc., Los Angeles, CA, for interveners Sacramento Family Medical Clinics, Inc. et al.
William A. Gould, Jr., Kevin C. Khasigian, Wilke, Fleury, Hoffelt, Gould & Birney, LLP, Sacramento, CA, for Amicus Curiae California Optometric Association.
Rochelle Bobroff and Harper Jean Tobin, Washington, DC, for Amicus Curiae National Senior Citizens' Law Center.
Jane Perkins, Chapel Hill, NC, for Amicus Curiae National Health Law Program, Inc.
Barbara A. Jones, Pasadena, CA, for Amicus Curiae AARP Foundation Litigation.
Before: STEPHEN REINHARDT, W. FLETCHER, and MILAN D. SMITH, JR., Circuit Judges.
United States Court of Appeals, Ninth Circuit.
MILAN D. SMITH, JR., Circuit Judge:
Petitioners-Appellees/Appellants (Independent Living), a group of pharmacies, health care providers, senior citizens' groups, and beneficiaries of the State's Medicaid program, Medi-Cal,1 seek to enjoin the California Department of Health Care Services (Department) Director, David Maxwell-Jolly (Director)2 from implementing state legislation reducing payments to certain medical...
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