Brantley et al v. Maxwell-Jolly et al

Filing 86

STIPULATION AND ORDER: Setting Hearing on Motion to 2/23/2010 at 01:00 PM. Motions due by 01/19/10; Opposition due by 02/02/10; Replies due 02/09/10. Signed by Judge Saundra Brown Armstrong, on 1/11/10. (lrc, COURT STAFF) (Filed on 1/12/2010) Modified on 1/13/2010 (jlm, COURT STAFF).

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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] Daniel Brzovic, State Bar No. 89493 [e-mail] Dara Schur, State Bar No. 98638 [e-mail] Jay B. Koslofsky, State Bar No. 97024 [e-mail] DISABILITY RIGHTS CALIFORNIA 1330 Broadway, Suite 500 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs [Complete list of counsel on following pages] IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA LILLIE BRANTLEY, by her guardian ad litem Chauncey McLorin; GILDA GARCIA; ALLIE JO WOODARD, by her guardian ad litem Linda Gaspard-Berry; HARRY COTA; SUMI KONRAI by her guardian ad litem Casey Konrai; RONALD BELL by his guardian ad litem Rozene Dilworth, individually and on behalf of all others similarly situated, ) ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) DAVID MAXWELL-JOLLY, Director of the ) Department of Health Care Services, State of ) California, DEPARTMENT OF HEALTH ) CARE SERVICES, ) Defendants. Case No.: C09-03798 SBA CLASS ACTION STIPULATION AND SCHEDULING ORDER FOR MOTION FOR PRELIMINARY INJUNCTION

i BRANTLEY, ET AL. V. MAXWELL-JOLLY, C-09-03798 SBA; STIPULATION AND [PROPOSED] SCHEDULING ORDER FOR MOTION FOR PRELIMINARY INJUNCTION

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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, CA 94612 Telephone: [phone] Facsimile: [phone] Eric Carlson, State Bar No. 141538 [e-mail] NATIONAL SENIOR CITIZENS LAW CENTER 3435 Wilshire Boulevard, Ste 2860 Los Angeles, CA 90010-1938 Telephone: [phone] Facsimile: 213-639-0934 Barbara Jones, State Bar No. 88448 [e-mail] AARP FOUNDATION LITIGATION 200 So. Los Robles, Suite 400 Pasadena, CA 91101 Telephone: [phone] Facsimile: [phone] Kenneth W. Zeller, Pro Hac Vice [e-mail] Kelly Bagby, Pro Hac Vice Pending [e-mail] AARP FOUNDATION LITIGATION 601 E Street NW Washington D.C. 20049 Telephone: [phone] Facsimile: [phone] Sarah Somers, State Bar No. 170118 [e-mail] Martha Jane Perkins, State Bar No. 104784 [e-mail] NATIONAL HEALTH LAW PROGRAM 211 N. Columbia Street Chapel Hill, NC 27514 Telephone: (919) 968 - 6308 Facsimile: [phone] Attorneys for Defendants Edmund G. Brown, Jr. Attorney General of California Susan M. Carson, State Bar No. 135875 [e-mail] Supervising Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004
ii BRANTLEY, ET AL. V. MAXWELL-JOLLY, C-09-03798 SBA; STIPULATION AND [PROPOSED] SCHEDULING ORDER FOR MOTION FOR PRELIMINARY INJUNCTION

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Telephone: Facsimile:

[phone] [phone]

iii BRANTLEY, ET AL. V. MAXWELL-JOLLY, C-09-03798 SBA; STIPULATION AND [PROPOSED] SCHEDULING ORDER FOR MOTION FOR PRELIMINARY INJUNCTION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:

WHEREAS, the parties in this action have met and conferred; and WHEREAS, Plaintiffs intend to move to preliminarily enjoin State action implementing new eligibility criteria for Adult Day Health Care which will terminate ADHC benefits to affected participants; and WHEREAS, the State anticipates implementation of these new criteria to occur on March 1, 2010; and WHEREAS, the Court currently does not have available hearing dates prior to March 1, 2010; and WHEREAS, Defendants need to notify Adult Day Health Care providers of any Court action no later than February 26, 2010; and WHEREAS, the parties have agreed to a briefing schedule and hearing date that will accommodate these scheduling concerns and permit the Court to rule prior to February 26, 2010; THE PARTIES HEREBY STIPULATE to request that the Court enter the following briefing schedule and hearing date: 1) Plaintiffs' moving papers and evidence in support thereof to be filed no later than January 19, 2010; 2) Defendants' Opposition and evidence in support thereof to be filed no later than February 2, 2010; 3) Plaintiffs' Reply and evidence in support thereof to be filed no later than February 9, 2010; 4) The Court to hear the motion on February 23, 2010. Respectfully Submitted, DISABILITY RIGHTS CALIFORNIA AARP FOUNDATION LITIGATION NATIONAL SENIOR CITIZENS LAW CENTER NATIONAL HEALTH LAW PROGRAM By: / s/ Elissa Gershon Attorneys for Plaintiffs
iv BRANTLEY, ET AL. V. MAXWELL-JOLLY, C-09-03798 SBA; STIPULATION AND [PROPOSED] SCHEDULING ORDER FOR MOTION FOR PRELIMINARY INJUNCTION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: By:

EDMUND G. BROWN JR. Attorney General of California SUSAN M. CARSON Supervising Deputy Attorney General / s/ Susan M. Carson Attorneys for Defendants Filer's Attestation: Pursuant to General Order No. 45, § X(B), I attest under penalty of perjury that concurrence in the filing of the document has been obtained from each of its signatories. Dated: By: / s/ Elissa Gershon

PURSUANT TO STIPULATION, the Court hereby enters the following scheduling order for preliminary injunction: 1) Plaintiffs' moving papers and evidence in support thereof to be filed no later than January 19, 2010; 2) Defendants' Opposition and evidence in support thereof to be filed no later than February 2, 2010; 3) Plaintiffs' Reply and evidence in support thereof to be filed no later than February 9, 2010; 4) The Court to hear the motion on February 23, 2010 at 1:00 pm in Courtroom 1, Fourth Floor. IT IS SO ORDERED. Dated: 1/11/10 By: Honorable Saundra B. Armstrong

v BRANTLEY, ET AL. V. MAXWELL-JOLLY, C-09-03798 SBA; STIPULATION AND [PROPOSED] SCHEDULING ORDER FOR MOTION FOR PRELIMINARY INJUNCTION