PATRICK ALLEN V. FAMILYCARE, INC., No. 18-35593 (9th Cir. 2020)

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This opinion or order relates to an opinion or order originally issued on April 30, 2020.

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 7 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT PATRICK ALLEN, in his official capacity as DIRECTOR OF OREGON HEALTH AUTHORITY, an agency of the State of Oregon, Plaintiff-Appellant, No. 18-35593 D.C. No. 3:18-cv-00212-MO ORDER AMENDING MEMORANDUM DISPOSITION v. FAMILYCARE, INC., an Oregon nonprofit corporation, Defendant-Appellee. FAMILYCARE, INC., an Oregon nonprofit corporation, Plaintiff-Appellant, 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 No. 19-35103 D.C. No. 6:18-cv-00296-MO LYNNE SAXTON, Defendant. FAMILYCARE, INC., an Oregon nonprofit corporation, No. 18-35891 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 nonprofit corporation, No. 18-36009 D.C. No. 6:18-cv-00296-MO Plaintiff-Appellee, v. LYNNE SAXTON, Defendant-Appellant, 2 and PATRICK ALLEN, in his individual capacity; OREGON HEALTH AUTHORITY, an agency of the State of Oregon, Defendants. FAMILYCARE, INC., an Oregon nonprofit corporation, No. 18-36048 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. 3 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 1836009; 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. 4

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