Usdhhs

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT JUL 27 2011

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS

DOROTHY CALABRESE, M.D.; PAUL No. 10-56352

MESSER,

D.C. No. 8:07-cv-01444-CJC- Plaintiffs - Appellants, RNB

v.

MEMORANDUM **

U.S. DEPARTMENT OF HEALTH &

HUMAN SERVICES, KATHLEEN

SEBELIUS, Secretary,*

Defendant - Appellee.

Appeal from the United States District Court for the Central District of California Cormac J. Carney, District Judge, Presiding

Submitted July 12, 2011 ***

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

* Kathleen Sebelius is substituted for her predecessor, Michael O. Leavitt, as Secretary of the Department of Health and Human Services under Fed. R. App. P. 43(c)(2).

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Accordingly, plaintiffs’ request for oral argument is denied. Dorothy Calabrese, M.D., and her patient Paul…