Patrick Allen v. Familycare, Inc.

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NOT FOR PUBLICATION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,

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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.

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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.
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