Brantley et al v. Maxwell-Jolly et al
Filing
264
STIPULATION AND ORDER: That the hearing re 225 Motion for Preliminary Injunction shall be set for 07/26/11 at 1:00 PM. Responses due by 6/29/2011. Replies due by 7/12/2011. Motion Hearing set for 7/26/2011 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge Saundra Brown Armstrong, on 6/21/11. (lrc, COURT STAFF) (Filed on 6/22/2011) Modified on 6/23/2011 (jlm, COURT STAFF).
Case4:09-cv-03798-SBA Document223
1
6
ELISSA GERSHON (CA SBN 169741)
Elissa.gershon@disabilityrightsca.org
ELIZABETH ZIRKER (CA SBN 233487)
Elizabeth.zirker@disabilityrightsca.org
KIM SWAIN (CA SBN 100340)
Kim.swain@disabilityrightsca.org
DISABILITY RIGHTS OF CALIFORNIA
1330 Broadway, Suite 500
Oakland, California 94612
Telephone: 510.267.1200
Facsimile: 510.267.1201
7
Attorneys for Plaintiffs
8
Filed06/07/11 Page1 of 6
[Complete List of Counsel on Following Page]
2
3
4
5
9
10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
OAKLAND DIVISION
13
14
15
16
17
18
ESTHER DARLING; RONALD BELL by his
guardian ad litem Rozene Dilworth; GILDA
GARCIA; WENDY HELFRICH by her guardian
ad litem Dennis Arnett; JESSIE JONES; RAIF
NASYROV by his guardian ad litem Sofiya
Nasyrova; ALLIE JO WOODARD, by her
guardian ad litem Linda Gaspard-Berry;
individually and on behalf of all others similarly
situated,
Plaintiffs,
19
20
21
22
23
Case No.
C09-03798 SBA
STIPULATION AND
XXXXXXXXX
[PROPOSED] ORDER FOR
PRELIMINARY INJUNCTION
BRIEFING SCHEDULE AND
HEARING DATE
The Honorable Saundra Brown
Armstrong
vs.
TOBY DOUGLAS, Director of the Department of
Health Care Services, State of California,
DEPARTMENT OF HEALTH CARE
SERVICES,
Defendants.
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER FOR PRELIMINARY INJUNCTION BRIEFING SCHEDULE AND HEARING
CASE NO. C09-03798 SBA
pa-1468778
Case4:09-cv-03798-SBA Document223
1
2
3
4
Filed06/07/11 Page2 of 6
KENNETH A. KUWAYTI (CA SBN
145384)
KKuwayti@mofo.com
MORRISON & FOERSTER LLP
755 Page Mill Road
Palo Alto, California 94304-1018
Telephone: 650.813.5600
Facsimile: 650.494.0792
ANNA RICH (CA SBN 230195)
arich@nsclc.org
KEVIN PRINDIVILLE (CA SBN 235835)
kprindiville@nsclc.org
NATIONAL SENIOR CITIZENS LAW
CENTER
1330 Broadway, Suite 525
Oakland, California 94612
Telephone: 510.663.1055
Facsimile: 510.663.1051
ERIC CARLSON (CA SBN 141538)
Ecarlson@nsclc.org
NATIONAL SENIOR CITIZENS LAW
CENTER
3435 Wilshire Boulevard, Suite 2860
Los Angeles, CA 90010
Telephone: 213.674.2813
Facsimile: 213.639.0934
BARBARA JONES (CA SBN 88448)
bjones@aarp.org
AARP FOUNDATION LITIGATION
200 So. Los Robles, Suite 400
Pasadena, California 91101
Telephone: 626.585.2628
Facsimile: 626.583.8538
KENNETH W. ZELLER, Pro Hac Vice
kzeller@aarp.org
KELLY BAGBY, Pro Hac Vice
kbagby@aarp.org
AARP FOUNDATION LITIGATION
601 E Street NW
Washington, D.C. 20049
Telephone: 202.434.2060
Facsimile: 202.434.6424
SARAH SOMERS (CA SBN 170118)
somers@healthlaw.org
MARTHA JANE PERKINS (CA SBN 104784)
perkins@healthlaw.org
NATIONAL HEALTH LAW PROGRAM
101 East Weaver Street, Suite G-7
Carrboro, North Carolina 27510
Telephone: 919.968.6308
Facsimile: 919.968.8855
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Attorneys for Defendants
19
KAMALA D. HARRIS
Attorney General of California
JOSHUA SONDHEIMER (CA SBN 152000)
Joshua.Sondeimer@doj.ca.gov
Deputy Attorney General
455 Golden Gate Avenue, Suite 1100
San Francisco, California 94102-7004
Telephone: 415.703.5615
Facsimile: 415.703.5480
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER FOR PRELIMINARY INJUNCTION BRIEFING SCHEDULE AND HEARING
CASE NO. C09-03798 SBA
pa-1468778
Case4:09-cv-03798-SBA Document223
Filed06/07/11 Page3 of 6
1
This Stipulation is based on the following facts and circumstances:
2
1. On April 21, 2011, the parties stipulated to a partial lift of the stay of this action to
3
allow Plaintiffs to file a Motion for Leave to Supplement the First Amended Complaint, and if
4
such Motion was granted, to file a Motion for Preliminary Injunction against implementation of
5
AB 97, which eliminates Adult Day Health Care (ADHC) as a Medi-Cal optional benefit on the
6
first day of the first calendar month following 60 days after the receipt of federal approval. Cal.
7
Welf. & Inst. § 14589(d). . The parties further stipulated to briefing schedules for both Motions.
8
(Docket No. 204).
9
2. On April 25, 2011, the parties filed a Superseding Stipulation to modify the briefing
10
schedule for Plaintiffs’ Motion for Leave to Supplement the First Amended Complaint. (Docket
11
No. 210).
12
3. On April 27, 2011, this Court granted the parties’ request and the following briefing
13
schedule was set for the Plaintiffs’ Motion for Preliminary Injunction: Hearing on June 28, 2011,
14
Motion to be filed on May 24, 2011, Opposition due on June 14, Reply due on June 21. (Docket
15
No. 211).
16
17
4. The Court granted Plaintiffs’ Motion for Leave to Supplement the First Amended
Complaint on June 2, 2011. (Docket No. 217).
18
5. Plaintiffs’ Second Amended Complaint was filed on June 2, 2011. (Docket No. 218).
19
6. Pursuant to AB 97, ADHC shall be discontinued as a Medi-Cal benefiton the first day
20
of the first calendar month following 60 days after the receipt of federal approval. Cal. Welf. &
21
Inst. § 14589(d). Federal approval of a State Plan Amendment to remove the ADHC benefitwas
22
requested on May 12, 2011 and remains pending. The State has requested that approval be
23
awarded in time to allow implementation by September 1, 2011.
24
7. Plaintiffs have requested that the Motion for Preliminary Injunction be heard and
25
decided before the end of July 2011 based on plaintiffs’ position that ADHC recipients and
26
ADHC providers need a minimum of 30 days notice in advance of the proposed September 1,
27
2011 implementation date as to whether or not AB 97 will be enjoined.
28
STIPULATION AND [PROPOSED] ORDER FOR PRELIMINARY INJUNCTION BRIEFING SCHEDULE AND HEARING
CASE NO. C09-03798 SBA
pa-1468778
1
Case4:09-cv-03798-SBA Document223
Filed06/07/11 Page4 of 6
1
8. The parties have agreed on a hearing date and briefing schedule, subject to the Court’s
2
approval, as follows: Hearing July 26, Motion to be filed on June 9, 2011, Opposition to be filed
3
June 29, Reply due on July 12.
4
9. Plaintiffs are aware that defendants intend to seek a stay of district court proceedings
5
in this Court and, if they deem necessary, in the Ninth Circuit Court of Appeals, and that
6
defendants’ stipulation to the above schedule is intended to be effective only to the extent that
7
defendants’ request for a stay before either court remains pending or is denied.
8
9
10
THE PARTIES, by and through their respective counsel, HEREBY STIPULATE as
follows:
a) Pursuant to Civil Local Rules 6-1, 6-2, 7-2, and 7-3, and subject to Court approval,
11
Plaintiffs’ motion for preliminary injunction may be scheduled for hearing on July 26, 2011,
12
subject to the Court’s availability, and will be briefed under the following schedule: opening
13
brief to be filed and served by June 9, 2011; opposition brief to be filed and served by June 29,
14
2011, and any reply brief to be filed and served by July 12, 2011.
15
b) Defendants’ stipulation to the above schedule is without prejudice to defendants’ right
16
to seek a stay of the district court proceedings, and is intended to be effective only to the extent
17
that defendants’ request for a stay of proceedings before this Court or the Ninth Circuit Court of
18
Appeals remains pending or is denied. In addition, this stipulation shall not be construed as an
19
acknowledgment or concession by Defendants that the filing of a motion for a preliminary
20
injunction is timely or appropriate, and is without prejudice to Defendants’ rights to oppose the
21
motion preliminary injunction motion on any procedural and substantive ground.
22
Dated: June 7, 2011
KENNETH A. KUWAYTI
MORRISON & FOERSTER LLP
23
24
25
By:
/s/ Kenneth A. Kuwayti
KENNETH A. KUWAYTI
26
Attorneys for Plaintiffs
27
28
STIPULATION AND [PROPOSED] ORDER FOR PRELIMINARY INJUNCTION BRIEFING SCHEDULE AND HEARING
CASE NO. C09-03798 SBA
pa-1468778
2
Case4:09-cv-03798-SBA Document223
1
Dated: June 7, 2011
2
Filed06/07/11 Page5 of 6
KAMALA D. HARRIS
Attorney General of California
JOSHUA SONDHEIMER
Supervising Deputy Attorney General
3
4
5
By:
6
/s/ Joshua Sondheimer
JOSHUA SONDHEIMER
Attorneys for Defendants
7
8
ORDER
9
10
11
PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED. The hearing
on Plaintiffs’ motion for preliminary injunction shall be set for July 26, 2011 at 1:00 PM
__ _.m.
12
13
14
21
Dated: June ___, 2011
Honorable Saundra Brown Armstrong
United States District Judge
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER FOR PRELIMINARY INJUNCTION BRIEFING SCHEDULE AND HEARING
CASE NO. C09-03798 SBA
pa-1468778
3
Case4:09-cv-03798-SBA Document223
1
2
Filed06/07/11 Page6 of 6
GENERAL ORDER 45 ATTESTATION
I, Kenneth A. Kuwayti, am the ECF User whose ID and password are being used to file
3
this STIPULATION AND [PROPOSED] ORDER FOR PRELIMINARY INJUNCTION
4
BRIEFING SCHEDULE AND HEARING DATE. In compliance with General Order 45, X.B., I
5
hereby attest that JOSHUA SONDHEIMER has concurred in this filing.
6
Dated: June 7, 2011
By:
7
/s/ Kenneth A. Kuwayti
KENNETH A. KUWAYTI
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER FOR PRELIMINARY INJUNCTION BRIEFING SCHEDULE AND HEARING
CASE NO. C09-03798 SBA
pa-1468778
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?