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IND. LIVING CENTER OF SO. CAL. v. MAXWELL-JOLLY

Nos. 08-56422, 08-56554.

590 F.3d 725 (2009)

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, v. David MAXWELL-JOLLY, Director of the Department of Health Care Services, State of California, Respondent-Appellant. 16647 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, v. David Maxwell-Jolly, Director of the Department of Health Care Services, State of California, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

December 21, 2009.

ORDER

On July 9, 2009, we handed down an opinion arising out of these two consolidated cases. See Independent Living Center of S. Cal. v. Maxwell-Jolly, 572 F.3d 644 (9th Cir.2009) (Independent Living). Now, nearly five months later, Appellant/Appellee the California Department of Health Care Services Director, David Maxwell-Jolly (Director) moves to vacate that opinion. Despite his earlier vigorous prosecution of...

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