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HARO v. SEBELIUS

No. 11-16606.

747 F.3d 1099 (2013)

Patricia HARO; John G. Balentine; Jack McNutt; Troy Hall, Plaintiffs-Appellees, v. Kathleen SEBELIUS, Secretary of the United States Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted February 14, 2013.

Filed September 4, 2013.

Amended January 2, 2014.

Attorney(s) appearing for the Case

Alisa B. Klein (argued) and Mark B. Stern , Attorneys; Tony West , Assistant Attorney General; Ann B. Scheel , Acting United States Attorney, United States Department of Justice, Civil Division, Washington, D.C.; William B. Schultz , Acting General Counsel; Margaret M. Dotzel , Deputy General Counsel; Janice L. Hoffman , Associate General Counsel; Carol J. Bennett , Deputy Associate General Counsel for Program Integrity; Leslie M. Stafford , Attorney, United States Department of Health and Human Services, Washington, D.C., for Defendant-Appellant.

Gil Deford (argued) and Wey-Wey Kwok , Center for Medicare Advocacy, Willimantic, CT, for Plaintiffs-Appellees.

Barbara Jones , AARP Foundation Litigation, Pasadena, CA; Iris Y. González , AARP Foundation Litigation, Washington D.C.; Michael Schuster , AARP, Washington, D.C., for Amicus Curiae AARP.

Before: BARRY G. SILVERMAN, RONALD M. GOULD, and MORGAN CHRISTEN, Circuit Judges.

Opinion by Judge CHRISTEN.

ORDER

The opinion filed on September 4, 2013, and appearing at 729 F.3d 993, is amended as follows:

On page 5 of the slip opinion, replace the third sentence of the first paragraph with the following language:

But we conclude that the beneficiaries failed to satisfy the channeling requirement at the administrative level and therefore the district court lacked subject matter jurisdiction...

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