Pediatric and Family Medical F v. Xavier Becerra

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 31 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PEDIATRIC AND FAMILY MEDICAL No. 20-55517 FOUNDATION, DBA Eisner Pediatric and Family Medical Center, D.C. No. 2:17-cv-00732-SJO-AS Plaintiff-Appellant,

v. MEMORANDUM*

XAVIER BECERRA, Secretary of the United States Department of Health and Human Services,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California S. James Otero, District Judge, Presiding

Argued and Submitted May 6, 2021 Pasadena, California

Before: WARDLAW and GOULD, Circuit Judges, and DONATO,** District Judge.

Eisner Pediatric and Family Medical Center (Eisner) appeals from the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable James Donato, United States District Judge for the Northern District of California, sitting by designation. district court’s grant of summary judgment for defendant Secretary…