California Department of Social Services v. United States Department of Health and Human Services et al

Filing 18

STIPULATION AND ORDER Setting Hearing on Motion 13 MOTION to Dismiss Plaintiff's Complaint : Motion Hearing set for 5/19/2009 01:00 PM.. Signed by Judge ARMSTRONG on 3/30/09. (lrc, COURT STAFF) (Filed on 3/30/2009)

Case 4:09-cv-00213-SBA

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EDMUND G. BROWN JR. Attorney General of the State of California KARIN S. SCHWARTZ Supervising Deputy Attorney General MICHAEL A. ZWIBELMAN, State Bar No. 224783 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, California 94102-7004 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff CALIFORNIA DEPARTMENT OF SOCIAL SERVICES Defense Counsel Listed on Signature Page UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, Plaintiff, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, ET AL. Defendants. Case No. 4:09-cv-00213-SBA The Honorable Saundra B. Armstrong XXXXXXXX STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE AND HEARING ON DEFENDANTS' MOTION TO DISMISS

Pursuant to Rules 6-1(b) and 6-2 of the Local Rules of Practice in Civil Proceedings before the United States District Court for the Northern District of California (Civil L.R.), the parties, through their respective counsel, stipulate and agree as follows: RECITALS 1. Plaintiff filed the above-captioned action on January 16, 2009 (Docket No. 1), and

defendants timely filed a motion to dismiss on March 17, 2009 (Docket No. 13). By order of the court, defendant's motion is scheduled for hearing on April 28, 2009 (Docket No. 16).

STIPULATION AND ORDER RESCHEDULING CMC AND HEARING ON MOTION TO DISMISS CASE NO. 4:09-CV-00213-SBA

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No. 5).

2.

A case management conference is currently scheduled for April 22, 2009 (Docket

3.

To accommodate the professional and personal commitments of plaintiff's

counsel, the parties agree that, with the court's permission, the April 22 case management conference and the April 28 hearing on defendants' motion to dismiss shall be rescheduled as follows: A. before May 5, 2009. B. The parties shall submit a joint case management statement on or before Plaintiff's opposition to defendants' motion to dismiss shall be filed on or

May 8, 2009. The parties also shall file and serve ADR Certifications pursuant to Civil L.R. 16-8(b) on or before May 8, 2009. C. Defendants' optional reply brief in further support of their motion to

dismiss shall be filed on or before May 12, 2009. D. The court shall hear oral argument on defendants' motion to dismiss on

May 19, 2009, at 1:00 p.m. E. 2009, at 1:00 p.m. 4. The parties have reviewed Civil L.R. 16-2, 16-3, 16-8, and the handbook entitled The case management conference also shall be conducted on May 19,

"Dispute Resolution Procedures in the Northern District of California." The parties also have met and conferred telephonically to discuss whether alternative dispute resolution is appropriate for this case. Because the parties agree that ADR would not assist them in resolving the case, the parties further agree, with the court's permission, that they need not file a Stipulation and Proposed Order Selecting ADR Process or a Notice of Need for ADR Phone Conference, as required by Civil L.R. 16-8(c). 5. Pursuant to Civil L.R. 6-2(a), undersigned counsel for the plaintiff has filed a

declaration in support of this stipulation. Defendants' counsel does not object to the statements contained in the declaration. 2
STIPULATION AND ORDER RESCHEDULING CMC AND HEARING ON MOTION TO DISMISS CASE NO. 4:09-CV-00213-SBA

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STIPULATION Based on the foregoing, IT IS HEREBY STIPULATED AND AGREED that, with the court's permission, the April 22, 2009 case management conference and the April 28, 2009 hearing on defendants' motion to dismiss shall be taken off calendar and rescheduled as follows: · · Plaintiff's opposition to defendants' motion to dismiss shall be filed on or before May 5, 2009. The parties shall submit a joint case management statement on or before May 8, 2009. The parties also shall file and serve ADR Certifications pursuant to Civil L.R. 16-8(b) on or before May 8, 2009. Defendants' optional reply brief in further support of their motion to dismiss shall be filed on or before May 12, 2009. The court shall hear oral argument on defendants' motion to dismiss on May 19, 2009, at 1:00 p.m. The case management conference also shall be conducted on May 19, 2009, at 1:00 p.m.

· · ·

IT IS FURTHER AGREED that, with the court's permission, the parties need not file a Stipulation and Proposed Order Selecting ADR Process or a Notice of Need for ADR Phone Conference, as required by Civil L.R. 16-8(c). IT IS SO STIPULATED AND AGREED. Dated: March 26, 2009 Respectfully submitted, OFFICE OF THE ATTORNEY GENERAL EDMUND G. BROWN JR. Attorney General of the State of California KARIN S. SCHWARTZ Supervising Deputy Attorney General By: /s/ Michael A. Zwibelman MICHAEL A. ZWIBELMAN Deputy Attorney General

Attorneys for Plaintiff California Department of Social Services

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STIPULATION AND ORDER RESCHEDULING CMC AND HEARING ON MOTION TO DISMISS CASE NO. 4:09-CV-00213-SBA

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Dated: March 26, 2009

UNITED STATES DEPARTMENT OF JUSTICE MICHAEL F. HERTZ Acting Assistant Attorney General SHEILA M. LIEBER Deputy Branch Director By: /s/ Stephen J. Buckingham STEPHEN J. BUCKINGHAM Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, DC 20530 [phone] [phone] FAX [e-mail]

Attorneys for Defendants United States Department of Health and Human Services, et al. Pursuant to paragraph X.B of General Order No. 45 of this court, the filer of this document attests that concurrence in the filing of this document was obtained from counsel for defendants on March 26, 2009.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

3/30 Dated: ______________, 2009

The Honorable Saundra B. Armstrong UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER RESCHEDULING CMC AND HEARING ON MOTION TO DISMISS CASE NO. 4:09-CV-00213-SBA