Pacific Surgical Institute of Pain Management, Inc v. Xavier Becerra

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 6 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PACIFIC SURGICAL INSTITUTE OF No. 23-55798 PAIN MANAGEMENT, INC., a California corporation, D.C. No. 3:22-cv-01521-BAS-WVG Plaintiff-Appellant,

v. MEMORANDUM*

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

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Cynthia A. Bashant, District Judge, Presiding

Submitted June 4, 2024** Pasadena, California

Before: M. SMITH and BADE, Circuit Judges, and FITZWATER,*** District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation. Pacific…