Brantley et al v. Maxwell-Jolly et al

Filing 63

STIPULATION AND ORDER REGARDING MODIFICATION TO THE PRELIMINARY INJUNCTION re 62 Stipulation, filed by Department of Health Care Services, David Maxwell-Jolly, Allie Jo Woodward, Gilda Garcia, Lillie Brantley.. Signed by Judge Saundra Brown Armstrong on 11/6/09. (fs, COURT STAFF) (Filed on 11/6/2009)

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EDMUND G. BROWN JR. 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

LILLIE BRANTLEY, by her guardian ad litem Chauncey McLorin; GILDA GARCIA; ALLIE JO WOODARD, by her guardian ad litem Linda Gaspard-Berry, individually and on behalf of all others similarly situated,

C09-03798 SBA STIPULATION REGARDING MODIFICATION TO THE PRELIMINARY INJUNCTION The Honorable Saundra Brown Armstrong

Plaintiffs, Judge: v. DAVID MAXWELL-JOLLY, Director of the Department of Health Care Services, State of California, DEPARTMENT OF HEALTH CARE SERVICES, Defendants.

Action Filed: August 18, 2009

Stipulation RE: Modification to the Preliminary Injunction (C09-03798 SBA)

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Pursuant to Local Rule 7-12, Plaintiffs Lillie Brantley et al. and Defendants David Maxwell-Jolly and Department of Health Care Services hereby stipulate to modify the preliminary injunction entered by this Court on September 10, 2009 as follows: At page 23, line 14, the citation to Welfare and Institutions Code section 14132(p) should be modified to "Welfare and Institutions Code section 14132(p)(2)" which states: "Commencing 30 days after the effective date of the act that added this paragraph, and notwithstanding the number of days previously approved through a treatment authorization request, adult day health care is covered for a maximum of three days per week." Dated: November 5, 2009 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of California SUSAN M. CARSON Supervising Deputy Attorney General

/s/ Susan M. Carson . SUSAN M. CARSON Supervising Deputy Attorney General Attorneys for Defendants

DISABILITY RIGHTS CALIFORNIA /s/ Elissa Gershon ELISSA GERSHON ELIZABETH ZIRKER Attorneys for Plaintiffs .

IT IS SO ORDERED. DATED: 11/6/09
SF2009404616

___________________________________ UNITED STATES DISTRICT COURT JUDGE

1 Stipulation RE: Modification to the Preliminary Injunction (C09-03798 SBA)

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GENERAL ORDER 45 ATTESTATION I, Susan M. Carson, am the ECF user whose ID and password are being used to file this document. In compliance with General Order 45, X.B., I hereby attest that plaintiffs' counsel has concurred in the filing of this document with their electronic signatures. Dated: November 5, 2009

/s/ Susan M. Carson Susan M. Carson

2 Stipulation RE: Modification to the Preliminary Injunction (C09-03798 SBA)