Santa Rosa Memorial Hospital et al v. Shewry

Filing 144

ORDER vacating in part schedule for supplemental briefing and ordering new schedule. Defendant's supplemental brief now due Friday, May 22, 2015. Plaintiffs' reply due Friday, May 29, 2015. Signed by Judge Samuel Conti on May 15, 2015. (sclc2, COURT STAFF) (Filed on 5/15/2015)

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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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) Case No. CV 08-5173 SC
)
SANTA ROSA MEMORIAL HOSPITAL, et ) ORDER RE: REQUEST FOR
al.,
) SUPPLEMENTAL BRIEFING
)
Plaintiffs,
)
)
v.
)
)
JENNIFER KENT, Director
)
of the California Department of )
Health Care Services,
)
)
Defendant.
)
)
)

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Pursuant to the Court's order, ECF No. 141, lifting the stay

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and requesting supplemental briefing, Plaintiffs submitted a brief,

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ECF No. 143, arguing that the Court should dismiss its claims

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without prejudice for lack of subject-matter jurisdiction based on

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

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Center, 135 S. Ct. 1378 (2015).

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Defendant was due to respond to Plaintiffs' supplemental brief, the

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Ninth Circuit, on remand from the Supreme Court, remanded Armstrong

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to the district court with direction to "dismiss the Complaint for

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failure to establish a claim over which we have subject matter

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jurisdiction under Federal Rule of Civil Procedure 12(b)(1)."

Yesterday, one day before

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Exceptional Child Ctr. v. Armstrong, No. 12-35382 (9th Cir. May 14,

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2015) Dkt. No. 48.

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To ensure Defendant is aware of this order and has an

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opportunity to address it, the Court hereby VACATES the portions of

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its prior order, ECF No. 141, requiring Defendant to respond by May

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15, 2015, and instead ORDERS as follows:

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

No later than May 22, 2015, Defendant shall file a response

pages, addressed to the issues contained in the opening

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United States District Court

to Plaintiffs' brief, ECF No. 143, of no more than ten (10)

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For the Northern District of California

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brief, additional issues the Attorney General wishes to

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raise, any new factual issues, and the Ninth Circuit's

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order in Armstrong.

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

No later than May 29, 2015, Plaintiffs may file a reply

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

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discussed in the opening and response briefs and the recent

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order in Armstrong.

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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: May 15, 2015

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UNITED STATES DISTRICT JUDGE

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