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DEVELOPMENTAL SERVICES NETWORK v. DOUGLAS

Nos. 11-55851, 11-55852.

666 F.3d 540 (2011)

DEVELOPMENTAL SERVICES NETWORK; United Cerebral Palsy/Spastic Children's Foundation of Los Angeles and Ventura Counties, Plaintiff-Appellee, v. Toby DOUGLAS, Director of the Department of Health Care Services, State of California; California Department of Health Care Services, Defendants-Appellants. California Association of Health Facilities, Plaintiff-Appellee, v. Toby Douglas, Director of the Department of Health Care Services, State of California, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 30, 2011.

Attorney(s) appearing for the Case

Kenneth K. Wang , Office of the Attorney General of California, Los Angeles, CA, and Tracey L. Angelopoulos , Office of the Attorney General of California, San Diego, CA, for the defendants-appellants.

Jordan B. Keville and Craig Cannizzo , Hooper, Lundy & Bookman, P.C., San Francisco, CA, for the plaintiffs-appellees.

Before: FERDINAND F. FERNANDEZ and CONSUELO M. CALLAHAN, Circuit Judges, and RALPH R. ERICKSON, District Judge.

OPINION

FERNANDEZ, Circuit Judge:

Toby Douglas, the Director of the California Department of Health Care Services,1 appeals the district court's preliminary injunction precluding enforcement of California Welfare and Institutions Code § 14105.191(f), which amended California's Medicaid Plan and set provider reimbursement rates for the 2009-2010 rate year, and for each year thereafter. The Developmental Services Network and...

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