District Court, M.D. Alabama February 18, 2011, Case 08-CV-881-MEF (Alabama v. Centers for Medicare & Medicaid Services)

MEMORANDUM OPINION AND ORDER

MARK E. FULLER, Chief Judge.

The Plaintiff the State of Alabama (“Alabama”) filed this lawsuit against the Centers for Medicare & Medicaid Services (“CMS”), the Department of Health and Human Services (“HHS”), and individuals working for CMS and HHS including Herb B. Kuhn (“Kuhn”), Kerry N. Weems (‘Weems”), and Michael 0.