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NEMS v. CALIFORNIA DEPT. OF HEALTH CARE SERVICES

Nos. 11-16795, 11-16796.

712 F.3d 461 (2013)

NORTH EAST MEDICAL SERVICES, INC., Plaintiff-Appellant, v. CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES, HEALTH AND HUMAN SERVICES AGENCY, State of CALIFORNIA; David Maxwell-Jolly, Director of California Department of Health Care Services, Health and Human Services Agency, State of California; The State of California, Defendants-Appellees. La Clínica De La Raza, Inc., Plaintiff-Appellant, v. California Department of Health Care Services, Health And Human Services Agency, State of California; David Maxwell-Jolly, Director of California Department of Health Care Services, Health and Human Services Agency, State of California; The State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 4, 2013.

Attorney(s) appearing for the Case

James L. Feldesman (argued) and Marisa B. Guevara , Feldesman Tucker Leifer Fidell LLP, Washington, D.C., for Plaintiffs-Appellants.

Joshua Sondheimer , Deputy Attorney General, San Francisco, CA, for Defendants-Appellees.

Before: JEROME FARRIS, SIDNEY R. THOMAS, and N. RANDY SMITH, Circuit Judges.

OPINION

N.R. SMITH, Circuit Judge:

Where North East Medical Services, Inc. ("NEMS") and La Clínica de la Raza, Inc. ("La Clínica," and, together with NEMS, the "Centers")1 have already paid money to the California Department of Health Care Services ("California"), they may not avoid the Eleventh Amendment's general bar to seeking money damages from a state simply by alleging that California

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