UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PERVAIZ A. CHAUDHRY, M.D.; No. 21-16873 VALLEY CARDIAC SURGERY MEDICAL GROUP, D.C. No. Plaintiffs-Appellants, 1:16-cv-01243- SAB v. OPINION * TOMÁS ARAGÓN , in his official capacity as the Director of California Department of Public Health; STEVEN LOPEZ, California Department of Public Health, Fresno District Office Manager, in his official and personal capacity; SHIRLEY CAMPBELL, in her personal capacity, Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Stanley A. Boone, Magistrate Judge, Presiding

Argued and Submitted March 7, 2023 San Francisco, California

* Tomás Aragón has been substituted for his predecessor, Sonia Angell, under Fed. R. App. P. 43(c)(2). 2 CHAUDHRY V. ARAGÓN

Filed May 23, 2023 Before: Michelle T.