Anna Habetler v. Sylvia Burwell

MEMORANDUM

Anna Habetler filed a lawsuit seeking declaratory and injunctive relief in which she challenged a Medicare contractor’s local coverage determination. The challenge came after the administrative review process was exhausted. Subsequent to filing her complaint in the district court, the local coverage determination was retired and thus was no longer in place. Because the parties failed to call this to the attention of the district judge, she was unaware of the fact that the dispute was mooted and that she was without jurisdiction. The district judge therefore went on to grant the defendants-appellees’ motion for summary judgment. Indeed, the case was briefed by the parties without any mention of fact that the local coverage determination was no longer in place.

We raised the issue of mootness on our own motion and we now conclude that, because the local coverage determination has been retired, “there is nothing left to enjoin.” See Arc of Cal. v. Douglas, 757 F.3d 975, 982 (9th Cir. 2014). A declaration that the local coverage determination would be invalid were it still in place would be an advisory opinion. See Ashcroft v. Mattis, 431 U.S. 171, 172 , 97 S.Ct. 1739 ,…