Brantley et al v. Maxwell-Jolly et al

Filing 411

STIPULATION AND ORDER Fairness Hearing set for 1/24/2012 01:00 PM. PRELIMINARY APPROVAL HEARING set for 12/13/2011 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 11/28/11. (lrc, COURT STAFF) (Filed on 11/29/2011)

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Elissa Gershon, State Bar No. 169741
[e-mail]
Elizabeth Zirker, State Bar No. 233487
[e-mail]
Kim Swain, State Bar No. 100340
[e-mail]
DISABILITY RIGHTS CALIFORNIA
1330 Broadway, Suite 500
Oakland, CA 94612
Telephone: [phone]
Facsimile: 510.267.1201

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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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,

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Plaintiffs,
v.
TOBY DOUGLAS, Director of the Department of
Health Care Services, State of California,
DEPARTMENT OF HEALTH CARE
SERVICES,

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Defendants.
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Case No.: C-09-03798 SBA
CLASS ACTION
STIPULATION AND
ORDER FOR BRIEFING SCHEDULE
AND HEARING DATE FOR APPROVAL
OF SETTLEMENT AND CLASS
CERTIFICATION
Hearing Date:
Time:
Judge:
Hon. Saundra B. Armstrong
Address:
1301 Clay Street
Oakland, CA 94612
Courtroom:
1, 4th Floor

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Darling, et al v. Douglas, et al., C-09-03798 SBA; STIPULATION AND [PROPOSED] ORDER FOR BRIEFING SCHEDULE AND
HEARING DATE FOR APPROVAL OF SETTLEMENT AND CLASS CERTIFICATION

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Kenneth A. Kuwayti, State Bar No. 145384
[e-mail]
Benjamin A. Petersen, State Bar No. 267120
[e-mail]
Morrison & Foerster LLP
755 Page Mill Road
Palo Alto, California 94304-1018
Telephone:
650.813.5600
Facsimile:
650.494.0792

Anna Rich, State Bar No. 230195
[e-mail]
Kevin Prindiville, State Bar No. 235835
[e-mail]
NATIONAL SENIOR CITIZENS LAW
CENTER
1330 Broadway, Suite 525
Oakland, California 94612
Telephone: [phone]
Facsimile:
510.663.1051

Eric Carlson, State Bar No. 141538
[e-mail]
NATIONAL SENIOR CITIZENS LAW CENTER
3435 Wilshire Boulevard, Suite 2860
Los Angeles, CA 90010
Telephone:
213.674.2813
Facsimile:
213.639.0934

Barbara Jones, State Bar No. 88448
[e-mail]
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
[e-mail]
Kelly Bagby, Pro Hac Vice
[e-mail]
AARP FOUNDATION LITIGATION
601 E Street N.W.
Washington, D.C. 20049
Telephone:
202.434.2060
Facsimile:
202.434.6424

Sarah Somers, State Bar No. 170118
[e-mail]
Martha Jane Perkins, State Bar No. 104784
[e-mail]
NATIONAL HEALTH LAW PROGRAM
101 East Weaver Street, Suite G-7
Carrboro, North Carolina 27510
Telephone:
919.968.6308
Facsimile:
919.968.8855

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Attorneys for Defendants
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KAMALA D. HARRIS
Attorney General of California
SUSAN M. CARSON (CA SBN 135875)
[e-mail]
Supervising Deputy Attorney General
455 Golden Gate Avenue, Suite 1100
San Francisco, California 94102-7004
Telephone: [phone]
Facsimile: 415.703.5480

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ii
Darling, et al v. Douglas, et al., C-09-03798 SBA; STIPULATION AND [PROPOSED] ORDER FOR BRIEFING SCHEDULE AND
HEARING DATE FOR APPROVAL OF SETTLEMENT AND CLASS CERTIFICATION

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This Stipulation is based on the following facts and circumstances:

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WHEREAS, on November 17, 2011, the parties reached agreement, settling all claims in this
action;

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WHEREAS, in order to effectuate the terms of the settlement agreement, expedited approval of
this class action settlement is needed;

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THE PARTIES HEREBY STIPULATE TO, AND REQUEST COURT APPROVAL OF, THE
FOLLOWING SCHEDULE:

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December 1, 2011:

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Parties to file Joint Motion for Preliminary Approval of Settlement
Agreement and Stipulated Class Certification.

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December 13, 2011:

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Hearing re Preliminary Approval of Settlement Agreement and
Class Certification.

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December 14, 2011:

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Notice to class members re Preliminary Approval of Settlement
Agreement and time to file objections.

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January 10, 2012:

Last day for objections to settlement agreement.

January 17, 2012:

Parties file responses to objections.

January 24, 2012:

Hearing on final approval of settlement agreement.

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Darling, et al v. Douglas, et al., C-09-03798 SBA; STIPULATION AND [PROPOSED] ORDER FOR BRIEFING SCHEDULE AND
HEARING DATE FOR APPROVAL OF SETTLEMENT AND CLASS CERTIFICATION

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Respectfully submitted,

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DISABILITY RIGHTS CALIFORNIA
AARP FOUNDATION LITIGATION
NATIONAL SENIOR CITIZENS LAW CENTER
NATIONAL HEALTH LAW PROGRAM
MORRISON & FOERSTER LLP

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Dated: November 18, 2011

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By:
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/s/
ELISSA GERSHON
Attorneys for Plaintiffs

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Dated: November 18, 2011

KAMALA D. HARRIS
Attorney General of California
SUSAN M. CARSON
Supervising Deputy Attorney General

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By:

/s/
SUSAN M. CARSON
Attorneys for Defendants

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Darling, et al v. Douglas, et al., C-09-03798 SBA; STIPULATION AND [PROPOSED] ORDER FOR BRIEFING SCHEDULE AND
HEARING DATE FOR APPROVAL OF SETTLEMENT AND CLASS CERTIFICATION

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ORDER

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED. The Joint Motion for Preliminary
Approval of the Settlement Agreement and Class Certification will be filed on December 1, 2011; an
expedited hearing on preliminary approval of the settlement agreement and class certification will be
held December 13, 2011 at 1:00 pm; notice will be issued to class members regarding preliminary
approval of settlement and of time to file objections December 14, 2011; the last day for objections to
settlement agreement to be filed January 10, 2012; responses to objections to be filed by January 17,
2012; and a hearing on final approval of the settlement agreement will be held January 24, 2012 at 1:00
pm.

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Dated: 11/28/11
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Honorable Saundra Brown Armstrong
United States District Judge

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Darling, et al v. Douglas, et al., C-09-03798 SBA; STIPULATION AND [PROPOSED] ORDER FOR BRIEFING SCHEDULE AND
HEARING DATE FOR APPROVAL OF SETTLEMENT AND CLASS CERTIFICATION

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GENERAL ORDER 45 ATTESTATION
I, Elissa Gershon, am the ECF User whose ID and password are being used to file this

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Stipulation And [Proposed] Order For Preliminary Approval for Settlement Agreement and Class

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Certification Briefing Schedule and Hearing Date. In compliance with General Order 45, X.B., I hereby

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attest that SUSAN M. CARSON has concurred in this filing.

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Dated: November 18, 2011
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By:

/s/
ELISSA GERSHON

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Darling, et al v. Douglas, et al., C-09-03798 SBA; STIPULATION AND [PROPOSED] ORDER FOR BRIEFING SCHEDULE AND
HEARING DATE FOR APPROVAL OF SETTLEMENT AND CLASS CERTIFICATION