Curtis Sneede, et al v. Kenneth Kizer, et al

Filing 312

STIPULATION AND ORDER to Enlarge Time to Address Defendant Sebelius's Motion for Relief from Judgment. Set/Reset Deadlines as to 309 MOTION to Alter Judgment. Responses due by 8/30/2013. Replies due by 9/12/2013. Motion Hearing set for 9/30/2013 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 07/31/2013. (tmi, COURT STAFF) (Filed on 8/1/2013)

MARTHA JANE PERKINS
National Health Law Program
101 E. Weaver St., Ste. G-7
Carrboro, N.C. 27156
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
KIMBERLY LEWIS
BYRON J. GROSS
National Health Law Program
3701 Wilshire Blvd., Ste. #750
Los Angeles, C.A. 90010
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail], [e-mail]
Attorneys for the Plaintiffs
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
Case No. 89-CV-1932 (TEH)

)
)
)
Plaintiffs,
)
)
v.
)
KATHLEEN G. SEBELIUS, Secretary of )
the United States Department of Health )
)
and Human Services, et al.,
)
)
Defendants.
CURTIS SNEEDE, et al.,

STIPULATION TO ENLARGE
TIME TO ADDRESS
DEFENDANT SEBELIUS’S
MOTION FOR RELIEF FROM
JUDGMENT; [PROPOSED]
ORDER
IT IS SO ORDERED AS MODIFIED
Current Date: September 9, 2013
Proposed Date: September 16, 2013
Time: 10:00 a.m.
Place: San Francisco U.S. Courthouse
Judge: Hon. Thelton E. Henderson

This stipulation to enlarge time is being filed pursuant to L.R. 6-2. Defendant Sebelius
filed a Notice of Motion and Motion for Relief from Judgment on July 22, 2013 (D.E. 309). By
operation of L.R. 7-3, responses are due 14 days later, August 5, 2013.

1

WHEREAS in 1990, the Court entered a Ninth Circuit-wide injunction prohibiting the
Defendants, when determining Medicaid eligibility, from automatically deeming income or
resources of any individual other than a parent of a child who is under 21, blind or disabled, or a
spouse (D.E. 309-1).
WHEREAS since that time, Medicaid determinations have occurred pursuant to the
injunction.
WHEREAS Plaintiffs’ lead counsel, Evelyn R. Frank, passed away.
WHEREAS the Affordable Care Act was enacted into law.
WHEREAS Plaintiffs’ counsel need time to become familiar with the case history and
holdings in order to respond adequately to the Defendant’s motion.
THEREFORE, THE PARTIES HEREBY STIPULATE THAT the Court issue an order
to enlarge time for addressing Defendant Sebelius’s Motion for Relief from Judgment and that
all Responses to Defendant Sebelius’s Motion for Relief from Judgment will be filed by August
30, 2013; Defendant Sebelius will file her Reply by September 12, 2013; the hearing date is
proposed for September 16, 2013.

Date: July 31, 2013

Respectfully submitted,
/s/ Martha Jane Perkins_____
Martha Jane Perkins
National Health Law Program
101 E. Weaver St., Ste. G-7
Carrboro, N.C. 27516
Tel.: [phone] (x101)
Fax: [phone]
Email: [e-mail]
/s/ Hadara Stanton
Hadara Stanton
Deputy Attorney General
California Department of Justice
2

Office of the Attorney General
455 Golden Gate Ave., Ste. 11000
San Francisco, C.A. 94102-7004
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
/s/ Justin M. Sandberg
Justin M. Sandberg
Trial Attorney
United State Department of Justice
Civil Division, Federal Programs Branch
20 Mass. Ave., N.W., Room7302
Washington, D.C. 20001
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
[PROPOSED] ORDER
PURSUANT TO STIPULATION OF THE PARTIES ABOVE, and good cause
appearing, the Court hereby issues an order to enlarge time to address Defendant Sebelius’s
Motion for Relief from Judgment such that all Responses to Defendant Sebelius’s Motion for
Relief from Judgment shall now be filed by August 30, 2013; any Reply by Defendant Sebelius

UNIT
ED

TC

D

RDERE

H

LI

RT

ER

3

FO

NO

nderson

He
elton E.
udge Th
J

R NIA

OO
_______________________________
IT IS S
FIED
Judge Thelton ODI
S M E. Henderson
A
United States District Judge

A

07/31
__________ __, 2013

TE
TA

RT
U
O

IT IS SO ORDERED.

S

in support of her Motion for Relief from Judgment shall be filed by September 12, 2013; the
30
hearing will be set for September 16, 2013.
S DISTRIC

N

D IS T IC T
R

OF

C

CERTIFICATE OF SERVICE
A copy of the attached was served on counsel for the Defendants by placement, first class
postage pre-paid in the U.S. mail, on July 31, 2013, envelopes addressed to:
Justin M. Sandberg
Trial Attorney
United State Department of Justice
Civil Division, Federal Programs Branch
20 Mass. Ave., N.W., Room 7302
Washington, D.C. 20001
Hadara Stanton
Deputy Attorney General
California Department of Justice
Office of the Attorney General
455 Golden Gate Ave., Ste. 11000
San Francisco, C.A. 94102-7004
Also on July 31, 2013, a copy of the attached was served on counsel for the Defendants at
the following email addresses: [e-mail] and [e-mail].
/s/Jane Perkins
Jane Perkins

4