St. Luke's Subacute Care Hospital, Inc. v. Thompson

MEMORANDUM3

The appeal comes to us for review under Ninth Circuit Rule 3-3 as a preliminary injunction appeal. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and we dismiss.

The district court denied St. Luke’s Subacute Care Hospital, Inc.’s request for a preliminary injunction seeking to bar the Secretary from withholding payment for services St. Luke’s provided under the Medicare program. After St. Luke’s filed this appeal, the district court dismissed the underlying action, and St. Luke’s has filed a notice of appeal from that dismissal. We “determine questions of mootness in light of…