Santa Rosa Memorial Hospital et al v. Shewry

Filing 138

ORDER STAYING CASE. Signed by Judge Samuel Conti on 10/9/2014. (sclc2, COURT STAFF) (Filed on 10/10/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court

For the Northern District of California

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) Case No. CV 08-5173 SC
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SANTA ROSA MEMORIAL HOSPITAL, et ) ORDER STAYING CASE
al.,
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Plaintiffs,
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v.
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TOBY DOUGLAS, Director
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of the California Department of )
Health Care Services,
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Defendant.
)
)
)

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Currently under submission before the Court are cross-motions

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for summary judgment.

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an issue previously left unresolved by the Ninth Circuit and the

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Supreme Court: whether the Supremacy Clause provides a private

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right of action to enforce 28 U.S.C. Section 1396a(a)(30)(A).

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October 2, 2014, the Supreme Court granted certiorari to decide

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that question.

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App'x 496 (9th Cir. 2014), cert. granted, No. 14-15 (Oct. 2, 2014).

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Therefore, in the interest of conserving judicial resources, the

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Court STAYS the case pending the decision in Armstrong.

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ECF Nos. 127, 129.

Both motions depend on

On

Exceptional Child Ctr., Inc. v. Armstrong, 567 F.

Within fourteen (14) days of the Supreme Court's decision in

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Armstrong, the parties shall file notice of the decision with the

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Court.

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report outlining their future plans with respect to the cross-

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motions for summary judgment.

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an order scheduling supplemental briefing on the motion.

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With that notice the parties shall file a joint status

If necessary, the Court will issue

If the parties do not file notice and a joint status report

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following the decision in Armstrong, the stay will be lifted, and

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the Court will decide the cross-motions for summary judgment.

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United States District Court

For the Northern District of California

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IT IS SO ORDERED.

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Dated: October 9, 2014

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UNITED STATES DISTRICT JUDGE

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