Martinez et al v. Schwarzenegger et al

Filing 423

ORDER Granting 422 Stipulation STAYING ALL DISTRICT COURT PROCEEDINGS IN THIS ACTION PENDING RESOLUTION OF RELATED PROCEEDINGS IN THE U.S. SUPREME COURT. Signed by Judge Claudia Wilken on 3/2/2011. (ndr, COURT STAFF) (Filed on 3/2/2011)

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KAMALA D. HARRIS Attorney General of California SUSAN M. CARSON Supervising Deputy Attorney General State Bar No. 135875 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION LYDIA DOMINGUEZ, PATSY MILLER, ALEX BROWN, by and through his mother and next friend Lisa Brown, DONNA BROWN, CHLOE LIPTON, by and through her conservator and next friend Julie Weissman-Steinbaugh, HERBERT M. MEYER, LESLIE GORDON, CHARLENE AYERS, WILLIE BEATRICE SHEPPARD, and ANDY MARTINEZ, on behalf of themselves and a class of those similarly situated; SERVICE EMPLOYEES INTERNATIONAL UNION UNITED HEALTHCARE WORKERS WEST; SERVICE EMPLOYEES INTERNATIONAL UNION UNITED LONG-TERM CARE WORKERS; SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 521; SERVICE EMPLOYEES INTERNATIONAL UNION CALIFORNIA STATE COUNCIL, UNITED DOMESTIC WORKERS OF AMERICA, AFSCME, LOCAL 3930, AFL-CIO; and CALIFORNIA UNITED HOMECARE WORKERS, Plaintiffs, v. ARNOLD SCHWARZENEGGER, Governor of the State of California, et al., Defendants.
1 STIPULATION AND [PROPOSED] ORDER STAYING ALL DISTRICT COURT PROCEEDINGS IN THIS ACTION PENDING RESOLUTION OF RELATED PROCEEDINGS IN U.S. SUPREME CT. (CV 09-2306 CW)

CV 09-2306 CW STIPULATION AND ORDER STAYING ALL DISTRICT COURT PROCEEDINGS IN THIS ACTION PENDING RESOLUTION OF RELATED PROCEEDINGS IN THE U.S. SUPREME COURT

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WHEREAS the U.S. Supreme Court has granted defendants' joint petition for certiorari in Douglas v. California Pharmacists, Case No. 09-1158, of which this case is a part; WHEREAS the parties believe that there is a significant possibility that the U.S. Supreme Court's decision in California Pharmacists could either eliminate the need for further litigation in this action or significantly clarify and narrow the issues that would still need to be litigated; WHEREAS the parties agree that it would be more efficient for the Court and the parties to stay all district court proceedings pending the U.S. Supreme Court's resolution of Douglas v. California Pharmacists; IT IS HEREBY STIPULATED between the parties through their respective counsel that, subject to this court's approval: 1. 2. All district court proceedings in this action are hereby stayed. The stay shall be lifted automatically upon the U.S. Supreme Court's issuance of its

decision in Douglas v. California Pharmacists, Case No. 09-1158. 3. The stay may be lifted unilaterally by any party at any time upon three (3) days' prior

written notice to the court and all other parties. 4. The stay may be lifted at any time by order of the court.

2 STIPULATION AND [PROPOSED] ORDER STAYING ALL DISTRICT COURT PROCEEDINGS IN THIS ACTION PENDING RESOLUTION OF RELATED PROCEEDINGS IN U.S. SUPREME CT. (CV 09-2306 CW)

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Dated: February 25, 2011

Respectfully submitted, KAMALA D. HARRIS Attorney General of California /S/ SUSAN M. CARSON .

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3 STIPULATION AND [PROPOSED] ORDER STAYING ALL DISTRICT COURT PROCEEDINGS IN THIS ACTION PENDING RESOLUTION OF RELATED PROCEEDINGS IN U.S. SUPREME CT. (CV 09-2306 CW)

SUSAN M. CARSON Supervising Deputy Attorney General Attorneys for State Defendants Respectfully submitted, Stephen P. Berzon Scott A. Kronland Stacey M. Leyton Peder J. Thoreen Anne N. Arkush Altshuler Berzon LLP /s/ Stacey M. Leyton Attorneys for Plaintiffs .

Michael G. Woods Timothy J. Buchanan Mandy L. Jeffcoach McCormick, Barstow, Sheppard, Wayte & Carruth LLP /s/ Timothy J. Buchanan Attorneys for Fresno Defendants .

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SF2009403964 20412114.doc

GENERAL ORDER 45 ATTESTATION I, Susan Carson, am the ECF user whose ID and password are being used to file this declaration. In compliance with General Order 45, X.B., I hereby attest that counsel for Plaintiffs and Fresno Defendants have concurred in the filing of this document with their electronic signatures. Dated: February 25, 2011 /S/ Susan M. Carson Susan Carson .

PURSUANT TO STIPULATION, IT IS SO ORDERED. However, absent a further stipulation or order of the Court, the dates set for Court appearances will remain on calendar. Dated: March 2, 2011 ________________________ Honorable Claudia A. Wilken United States District Court Judge

4 STIPULATION AND [PROPOSED] ORDER STAYING ALL DISTRICT COURT PROCEEDINGS IN THIS ACTION PENDING RESOLUTION OF RELATED PROCEEDINGS IN U.S. SUPREME CT. (CV 09-2306 CW)