Watanabe

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GRACE SMITH, et al., Case No. 21-cv-07872-HSG

Plaintiffs, ORDER DIRECTING

SUPPLEMENTAL BRIEFING

v. Re: Dkt. No. 34 MARY WATANABE, et al., Defendants.

12 On May 19, 2022, the Court held a hearing on Defendants Mary Watanabe’s and the California Department of Managed Health Care’s (DMHC) motion to dismiss Plaintiffs’ Amended Complaint. See Dkt. No. 34. The motion argues that the Court lacks subject matter jurisdiction over Plaintiffs’ claims against DMHC because it is immune from suit under the Eleventh Amendment. At the hearing, the Court asked whether the Ninth Circuit’s decision in Sharer v. Oregon, 581 F.3d 1176 (9th Cir. 2009) is controlling. The Ninth Circuit held there that one of the State of Oregon’s agencies “did not waive immunity for claims” brought against it because the agency was not “receiving Federal financial assistance.” Id. at 1778. Even though the agency had subsidized the plaintiff’s wages using federal funds six…