North East Medical Services, Inc. v. CA Dept. of Health Care Services

Good Law
United States District Court, Eastern District of CaliforniaDecember 19, 20192:19-cv-01489California2,469 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 NORTHEAST MEDICAL SERVICES, No. 2:19-cv-01489

INC.,

11 Plaintiff, ORDER GRANTING IN PART v. DEFENDANTS’ MOTION TO DISMISS AND STAYING PLAINTIFF’S CLAIMS

CALIFORNIA DEPARTMENT OF FOR DECLARATORY RELIEF

HEALTH CARE SERVICES, HEALTH

AND HUMAN SERVICES AGENCY;

JENNIFER KENT, DIRECTOR OF

THE DEPARTMENT OF HEALTH CARE

SERVICES, and STATE OF

CALIFORNIA,

17 Defendants. 18 In August 2019, North East Medical Services, Inc. filed its complaint against the California Department of Health Care Services, the Department director in her official capacity, and the State of California (collectively “Defendants”). Compl., ECF No. 1. Defendants filed a motion to dismiss each of Plaintiff’s four causes of action. Mot. to Dismiss, ECF No. 15; see also Memorandum in support of Mot. to Dismiss (“Mot.”), ECF No. 16. Defendants argue the failure to exhaust administrative remedies makes dismissing the case…

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