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NEWTON-NATIONS v. ROGERS

No. CIV 03-2506-PHX-EHC.

316 F.Supp.2d 883 (2004)

Sharon NEWTON-NATIONS, Manuela Gonzalez, Cheryl Bilbrey, Donald McCants, Hector Martinez, Anne Garrison, Dawn House, Dana Franklin, Edward Bonner, D.H., Jack Baumhardt, Manuel Esparza and Patricia Jones, on behalf of themselves and all others similarly situated, Plaintiffs, v. Anthony ROGERS, Director of the Arizona Health Care Cost Containment System, and Tommy Thompson, Secretary of the United States Department of Health and Human Services, in their official capacities, Defendants.

United States District Court, D. Arizona.

April 21, 2004.

Attorney(s) appearing for the Case

Martha Jane Perkins, National Health Law Program, Chapel Hill, NC, Sally Hart, Arizona Center for Disability Law, Tucson, AZ, Ellen Sue Katz, William E. Morris Institute for Justice, Phoenix, AZ, for Plaintiffs.

Logan T. Johnston, III, Esq., Johnston Law Offices PLC, Michael A. Johns, Esq., U.S. Attorney's Office, Phoenix, AZ, Sheila Lieber, Esq., Diane Kelleher, U.S. Dept of Justice, Washington, DC, for Defendants.

PRELIMINARY INJUNCTION ORDER

CARROLL, District Judge.

Pending before the Court is Plaintiffs' Motion for a Preliminary Injunction. [Dkt. 10]. Defendant Rodgers filed a Response on February 12, 2004. [Dkt. 22]. Defendant Thompson filed a Response on March 5, 2004. [Dkt. 32]. Plaintiffs filed Replies on February 18, 2004, and on March 10, 2004. [Dkt. 25, 38].

Background

Plaintiffs are "low income...

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