Legal Opinion
California, Department of Social Services v. Shalala
District Court, E.D. California
Decided September 1, 2000No. CIV.S99-0335 FCD JFMPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
DAMRELL, District Judge.
Defendant Secretary of Health and Human Services Donna Shalala (“the Secretary” or “HHS”) moves this court for an order dismissing this action pursuant to Federal Rule of Civil Procedure 12(b)(6), on the ground that plaintiff, the California Department of Social Services (“DSS”), fails to state a claim upon which relief may be granted. The DSS, intervenor Enedina Rosales (“Intervenor”) and amicus curiae American Association of Retired Persons (“AARP”) filed briefs in opposition to the Secretary’s motion.
Also before the court is the Intervenor’s…
2Cases cited18 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Udall v. TallmanSupreme Court of the United States · 1965
- Camp v. PittsSupreme Court of the United States · 1973
- Rust v. SullivanSupreme Court of the United States · 1991
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3Cited by3 opinions
- State of California Department of Social Services v. ThompsonCourt of Appeals for the Ninth Circuit · 2003
- California Department of Social Services v. ThompsonCourt of Appeals for the Ninth Circuit · 2003
- Pennsylvania, Department of Public Welfare v. United StatesDistrict Court, W.D. Pennsylvania · 2006