Gray Panthers of San Francisco et al v. Schwarzenegger et al

Filing 81

STIPULATION AND ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 10/29/09. (nah, COURT STAFF) (Filed on 10/29/2009)

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EDMUND G. BROWN JR. Attorney General of California KARIN S. SCHWARTZ Supervising Deputy Attorney General State Bar No. 209455 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for ARNOLD SCHWARZENEGGER, Governor of State of California; DAVID MAXWELLJOLLY, Director of Department of Health Care Services of the State of California; BILL LOCKYER, Treasurer of State of California IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

THE GRAY PANTHERS OF SAN FRANCISCO, a nonprofit corporation; MARK BECKWITH; CALIFORNIA FOUNDATION FOR INDEPENDENT LIVING CENTERS, INC., a nonprofit corporation; INDEPENDENT LIVING CENTER OF SOUTHERN CALIFORNIA, INC., a nonprofit corporation; LIFELONG MEDICAL CARE, a nonprofit corporation; and MARGARET DOWLING,

C 09-02307-PJH STIPULATION AND ORDER DISMISSING LAWSUIT WITH PREJUDICE Date: Time: Judge

N/A N/A The Honorable Phyllis J. Hamilton Trial Date N/A Plaintiffs, Action Filed: May 26, 2009

v. ARNOLD SCHWARZENEGGER, Governor of State of California; KIM BELSHE, Secretary of Health and Human Services Agency of the State of California; DAVID MAXWELL-JOLLY, Director of Department of Health Care Services of the State of California; JOHN CHIANG, Controller of State of California; BILL LOCKYER, Treasurer of State of California; and MICHAEL E. GENEST, Director of Finance of the State of California, Defendants.
1 Stipulation and Order Dismissing Lawsuit With Prejudice (Case No. C-09-02307-PJH)

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The parties, through their counsel, hereby stipulate and agree as follows: 1. The parties enter into this stipulation to finally resolve this matter while preserving

any rights plaintiffs may have to appeal. 2. On September 1, 2009, this Court entered an order granting the motion of defendant

David Maxwell-Jolly, Director, California Department of Health Care Services (DHCS), to dismiss the first and second causes of action for failure to state a cause of action upon which relief may be granted, and providing plaintiffs with leave to amend the second cause of action by October 1, 2009. Plaintiffs have declined to amend the second cause of action. 3. Also on September 1, 2009, this Court entered an order granting the motion of

defendant Governor Arnold Schwarzenegger and Treasurer Bill Lockyer to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1). 4. The third cause of action previously has been dismissed in its entirety by (1)

stipulation as to Controller Chiang, and (2) a voluntary dismissal as to all other defendants. 5. The fourth cause of action for declaratory relief is entirely derivative of the first and

second causes of action dismissed by the Court in its order on September 1, 2009 granting DHCS's motion to dismiss. 6. The parties request that, based on its prior rulings, the Court enter an order dismissing

the complaint with prejudice, each party to bear its own costs and attorneys fees. So stipulated. Dated: October 27, 2009 EDMUND G. BROWN JR. Attorney General of California /s/ Karin S. Schwartz KARIN S. SCHWARTZ Supervising Deputy Attorney General Attorneys for ARNOLD SCHWARZENEGGER, Governor of State of California; DAVID MAXWELL-JOLLY, Director of Department of Health Care Services of the State of California; BILL LOCKYER, Treasurer of State of California

1 Stipulation and Order Dismissing Lawsuit With Prejudice (Case No. C-09-02307-PJH)

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Dated: October 27, 2009

EDMUND G. BROWN JR. Attorney General of California

/s/ Daniel Powell DANIEL POWELL Deputy Attorney General Attorneys for JOHN CHIANG, Controller of State of California Dated: October 27, 2009 LYNN S. CARMAN STANLEY L. FRIEDMAN JESSIE M. SANDOVAL

/s/ Stanley L. Friedman Attorneys for Plaintiffs I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document. Dated: October 27, 2009 /s/ Karin S. Schwartz KARIN S. SCHWARTZ Supervising Deputy Attorney General Attorneys for ARNOLD SCHWARZENEGGER, Governor of State of California; DAVID MAXWELL-JOLLY, Director of Department of Health Care Services of the State of California; BILL LOCKYER, Treasurer of State of California

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2 Stipulation and Order Dismissing Lawsuit With Prejudice (Case No. C-09-02307-PJH)

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ORDER Pursuant to the stipulation of the parties, and consistent with the court's prior orders in the case, the Court hereby dismisses the complaint with prejudice. IT IS SO ORDERED

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