FILED

NOT FOR PUBLICATION

MAY 7 2020

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PATRICK ALLEN, in his official capacity No. 18-35593 as DIRECTOR OF OREGON HEALTH AUTHORITY, an agency of the State of D.C. No. 3:18-cv-00212-MO Oregon,

ORDER AMENDING

Plaintiff-Appellant, MEMORANDUM DISPOSITION

v.

FAMILYCARE, INC., an Oregon non- profit corporation,

Defendant-Appellee.

FAMILYCARE, INC., an Oregon non- No. 19-35103 profit corporation,

Plaintiff-Appellant, D.C. No. 6:18-cv-00296-MO

v.

OREGON HEALTH AUTHORITY, an agency of the State of Oregon; PATRICK ALLEN, in his official capacity as Director of Oregon Health Authority,

Defendants-Appellees,

and

LYNNE SAXTON,

Defendant.

FAMILYCARE, INC., an Oregon non- No. 18-35891 profit corporation, D.C. No. 6:18-cv-00296-MO Plaintiff-Appellee,

v.

PATRICK ALLEN, in his individual capacity,

Defendant-Appellant,

and

OREGON HEALTH AUTHORITY, an agency of the State of Oregon; LYNNE

SAXTON,

Defendants.

FAMILYCARE, INC., an Oregon non- No. 18-36009 profit corporation, D.C. No. 6:18-cv-00296-MO Plaintiff-Appellee,

v.

LYNNE SAXTON,

Defendant-Appellant,

2 and

PATRICK ALLEN, in his individual capacity; OREGON HEALTH AUTHORITY, an agency of the State of Oregon,

Defendants.

FAMILYCARE, INC., an Oregon non- No. 18-36048 profit corporation, D.C. No. 6:18-cv-00296-MO Plaintiff-Appellant,

v.

LYNNE SAXTON,

Defendant-Appellee,

and

PATRICK ALLEN, in his individual capacity; OREGON HEALTH AUTHORITY, an agency of the State of Oregon,

Defendants.

3 Before: WOLLMAN,* FERNANDEZ, and PAEZ, Circuit Judges.

The memorandum disposition filed herein on April 30, 2020, is amended as

follows:

The penultimate sentence on page thirteen of the memorandum disposition is

hereby revoked, and the following is substituted in its place:

AFFIRMED in part and VACATED in part in

No. 19-35103; AFFIRMED in Nos. 18-35593 and 18-

36009; REVERSED in Nos. 18-35891 and 18-36048.

* The Honorable Roger L. Wollman, United States Circuit Judge for the U.S. Court of Appeals for the Eighth Circuit, sitting by designation. 4