Avenal Community Health Center v. Michelle Baass

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 8 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

AVENAL COMMUNITY HEALTH No. 23-16109 CENTER; et al., D.C. No. Plaintiffs-Appellants, 2:20-cv-02171-DAD-KJN

v.

MEMORANDUM*

MICHELLE BAASS, Director of the California Department of Health Care Services; CHIQUITA BROOKS-LASURE, as Administrator of the Centers for Medicare and Medicaid Services,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Dale A. Drozd, District Judge, Presiding

Argued and Submitted September 10, 2024 San Francisco, California

Before: BYBEE, BEA, and MENDOZA, Circuit Judges.

Plaintiffs-Appellants are ten community health clinics designated as federally

qualified health centers (“FQHC”). Plaintiffs challenge the district court’s decision

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. to grant Defendants’ motions to dismiss pursuant to Federal Rule of Civil Procedure

12(b)(6).

We have jurisdiction…