Becerra

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MYNDFULL CARE MANAGEMENT Case No.: 24-cv-1623-DMS-KSC

CALIFORNIA,

ORDER GRANTING DEFENDANT’S

Plaintiff, MOTION TO DISMISS AND v. DENYING PLAINTIFF’S MOTION

FOR SUMMARY JUDGMENT

XAVIER BECERRA, Secretary of Health 15 and Human Services, 16 Defendant. 17 18 Pending before the Court are Plaintiff’s Motion for Summary Judgment, (Plaintiff’s Motion (“MSJ Mot.”), ECF No. 6), and Defendant’s Motion to Dismiss, (Defendant’s Motion (“MTD Mot.”), ECF No. 8). Both parties filed Opposition and Reply briefs. (ECF Nos. 8–9, 11). For the following reasons, the Court GRANTS Defendant’s Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1). As a result, Plaintiff’s Motion for Summary Judgment is DENIED as moot. I. BACKGROUND Plaintiff Myndfull Care Management California seeks to enjoin the Secretary of Health and Human Services (“Secretary”) from collecting $6,337,693.00 in payment for…