Santa Rosa Memorial Hospital et al v. Shewry

Filing 141

ORDER lifting stay and requesting supplemental briefing. Signed by Judge Samuel Conti on April 16, 2015. (sclc2, COURT STAFF) (Filed on 4/16/2015)

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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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)
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SANTA ROSA MEMORIAL HOSPITAL, et )
al.,
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Plaintiffs,
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v.
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JENNIFER KENT,1 Director
)
of the California Department of )
Health Care Services,
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Defendant.
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)

Case No. CV 08-5173 SC
ORDER LIFTING STAY AND
REQUESTING SUPPLEMENTAL
BRIEFING

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Pursuant to the Court's order, ECF No. 138, staying this case

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pending the Supreme Court's decision in Armstrong v. Exceptional

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Child Ctr., 135 S. Ct. 1378 (2015), the parties have filed separate

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(not joint, as ordered) notices of the Supreme Court's decision.

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ECF Nos. 139 ("Pls.' Notice"), 140 ("Def.'s Notice").

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notices explain, the parties disagree about how the Court should

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proceed, with Plaintiffs arguing the Court lacks subject-matter

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jurisdiction in light of Armstrong, while Defendant contends the

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Court should simply lift the stay and decide the already-briefed

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As these

Jennifer Kent is automatically substituted as the successor of
former Director Toby Douglas pursuant to Federal Rule of Civil
Procedure 25(d).

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cross-motions for summary judgment.
Rather than decide the cross-motions for summary judgment at

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this time, the Court LIFTS the stay, and ORDERS the parties to

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submit supplemental briefing as follows:

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

No later than May 1, 2015, Plaintiffs shall file a brief of no

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more than ten (10) pages confined to the effects of Armstrong

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and any new factual developments.

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

No later than May 15, 2015, Defendant shall file a response of

United States District Court

no more than ten (10) pages confined to the issues raised in

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For the Northern District of California

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Plaintiffs' brief and any additional arguments she wishes to

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raise.

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

No later than May 22, 2015, Plaintiffs may submit a reply of

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no more than five (5) pages confined to the issues discussed

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in the opening and response briefs.

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Unless otherwise ordered by the Court, no hearing will be held and

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the matters will be taken under submission on the papers.

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L.R. 7-1(b).

See Civ.

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IT IS SO ORDERED.

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Dated: April 16, 2015

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UNITED STATES DISTRICT JUDGE

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