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BAX v. DOCTORS MEDICAL CENTER OF MODESTO, INC.

No. 21-16532.

52 F.4th 858 (2022)

Mark BAX; Lucia Pershe Bax, Plaintiffs-Appellants, and Mary Birmingham, Plaintiff, v. DOCTORS MEDICAL CENTER OF MODESTO, INC., Defendant-Appellee, and Tenet Healthcare Corporation, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed October 18, 2022.

Attorney(s) appearing for the Case

David J. Hommel (argued) and Andrew Rozynski , Eisenberg & Baum LLP, New York, New York, for Plaintiffs-Appellants.

Jeffrey D. Polsky (argued), Fox Rothschild LLP, San Francisco, California; Marsha M. Piccone , Fox Rothschild LLP, Denver, Colorado; for Defendant-Appellee.

Order; Opinion by Judge H.A. Thomas.

ORDER

The Opinion filed on September 12, 2022, is amended as follows.

On slip opinion page 5, line 27, delete <Following a bench trial, the> and insert the following text: <The>.

On slip opinion page 19, footnote 7, delete the text accompanying footnote 7 and insert the following:

The Baxes cite an ADA technical assistance manual from DOJ in support of their argument that DMC's reliance on note-writing was categorically inappropriate...

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