V. et al v. Wagner et al

Filing 303

ORDER re 300 Granting Stipulation to STAYING ALL DISTRICT COURT PROCEEDINGS PENDING RESOLUTION OF DEFENDANTS' PRELIMINARY INJUNCTION APPEAL IN THE NINTH CIRCUIT. Signed by Judge Claudia Wilken on 5/4/2010. (ndr, COURT STAFF) (Filed on 5/4/2010)

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EDMUND G. BROWN JR. Attorney General of California KARIN S. SCHWARTZ SUSAN M. CARSON Supervising Deputy Attorneys General JOSHUA N. SONDHEIMER GREGORY D. BROWN (State Bar No. 219209) Deputy Attorneys General 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

V.L. , et al.,

CV 09-4668 CW Plaintiffs, STIPULATION AND ORDER STAYING ALL DISTRICT COURT PROCEEDINGS IN THIS ACTION PENDING RESOLUTION OF DEFENDANTS' PRELIMINARY INJUNCTION APPEAL IN THE NINTH CIRCUIT Defendants.

v. JOHN A. WAGNER, et al.,

WHEREAS defendants' preliminary injunction appeal is currently pending in the Ninth Circuit; WHEREAS oral argument on that appeal has been scheduled for June 15, 2010; WHEREAS the parties believe that there is a significant possibility that the Ninth Circuit's decision in the preliminary injunction appeal could either eliminate the need for further litigation in this action or significantly clarify and narrow the issues that would still need to be litigated; and
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WHEREAS the parties agree that it would be more efficient for the Court and the parties to stay all district court proceedings except the Case Management Conference pending resolution of the preliminary injunction appeal; IT IS HEREBY STIPULATED between the parties through their respective counsel that, subject to Court approval: 1. All district court proceedings in this action are hereby stayed with the exception of

the Case Management Conference scheduled for May 4, 2010 at 2 p.m. 2. The stay shall be lifted automatically upon the Ninth Circuit's issuance of the

mandate in the pending preliminary injunction appeal in this action, Ninth Circuit Case No. 0917581. 3. The stay may be lifted unilaterally by any party at any time upon three (3) days' prior

written notice to the Court and all other parties. 4. 5. The stay may be lifted at any time by order of the Court. In the event that the Ninth Circuit reverses the preliminary injunction in whole or in

part, defendants shall ensure that the benefit cuts under sections 12309(e) and/or 12309.2 of the California Welfare and Institutions Code that are presently enjoined by the preliminary injunction do not go into effect for at least sixty (60) days after the Ninth Circuit issues the mandate in the preliminary injunction appeal, Ninth Circuit Case No. 09-17581. Nothing in the preceding sentence shall prohibit defendants from taking preliminary steps prior to the expiration of this 60day period to enable sections 12309(e) and/or 12309.2 of the California Welfare and Institutions Code to go into effect immediately upon the expiration of this 60-day period, provided that the actual cuts in benefits shall not go into effect prior to the expiration of this 60-day period. In the event that any plaintiff unilaterally lifts the stay prior to the oral argument in the preliminary injunction appeal, or in the event that the stay is lifted by the Court upon a motion or request brought by any plaintiff and opposed by defendants prior to the oral argument in the preliminary injunction appeal, the provisions of this paragraph shall be voided. 6. In the event that any plaintiff seeks another preliminary injunction or a modification
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of the preliminary injunction following the Ninth Circuit's decision, plaintiffs shall meet and

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confer with defendants to set a briefing schedule for such a motion as soon as practicable following the Ninth Circuit's decision, and in no event shall plaintiffs suggest a briefing schedule for such motion that provides defendants less than two weeks to file an opposition. Dated: April 23, 2010 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of California KARIN S. SCHWARTZ SUSAN M. CARSON Supervising Deputy Attorneys General /s/ Gregory D. Brown JOSHUA N. SONDHEIMER GREGORY D. BROWN Deputy Attorneys General Attorneys for Defendants

Dated: April 23, 2010

Respectfully Submitted, By: /s/ Melinda Bird MELINDA BIRD (SBN 102236) MARILYN HOLLE (SBN 61530) DEBORAH DORFMAN (CRLSA No. 801060) DISABILITY RIGHTS CALIFORNIA LOS ANGELES REGIONAL OFFICE 3580 Wilshire Blvd., Ste. 902 Los Angeles, CA 90010 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] SUJATHA JAGADEESH BRANCH (SBN 166259) DISABILITY RIGHTS CALIFORNIA SACRAMENTO REGIONAL OFFICE 100 Howe Ave., Suite 235N Sacramento, CA 95825 Telephone: [phone] Facsimile: [phone] [e-mail] DARA L. SCHUR (SBN 98638) FREDERICK P. NISEN (SBN 184089) JUNG PHAM (SBN 251232) DISABILITY RIGHTS CALIFORNIA BAY AREA REGIONAL OFFICE 1330 Broadway, Suite 500
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Stipulation and Order Staying All District Court Proceedings Pending Resolution of Defendants' Preliminary Injunction Appeal in the Ninth Circuit (CV 09-4668 CW)

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Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] ANN MENASCHE (SBN 74774) DISABILITY RIGHTS CALIFORNIA SAN DIEGO REGIONAL OFFICE 111 Sixth Avenue, Suite 200 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] [e-mail] PAULA PEARLMAN (SBN 109038) SHAWNA PARKS (SBN 208301) DISABILITY RIGHTS LEGAL CENTER 919 Albany Street Los Angeles, CA 90015 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] CHARLES WOLFINGER (SBN 63467) LAW OFFICE OF CHARLES WOLFINGER 4655 Cass Street #314 San Diego, Ca 92109 Telephone: [phone] Facsimile: [phone] [e-mail] JANE PERKINS (SBN 104784) NATIONAL HEALTH LAW PROGRAM 211 N. Columbia Street Chapel Hill, NC 27514 Telephone: [phone] Facsimile: [phone] [e-mail] ANNA RICH (SBN 230195) NATIONAL SENIOR CITIZEN LAW CENTER 1330 Broadway, Suite 525 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Attorneys for Individual Named Plaintiffs V.L., David Oster, Willie Beatrice Sheppard, C.R., Dotty Jones, and the Plaintiff Class By: /s/ Stacey M. Leyton STEPHEN P. BERZON (SBN 46540)
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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: May 4, 2010

EVE H. CERVANTEZ (SBN 164709) STACEY M. LEYTON (SBN 203827) PEDER J. THOREEN (SBN 217081) CASEY A. ROBERTS (SBN 253474) Altshuler Berzon LLP 177 Post Street, Suite 300 San Francisco, California 94108 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiffs SEIU-UHW, SEIU-ULTCW, SEIU Local 521, SEIU California State Council, UDW, and CUHW GENERAL ORDER 45 ATTESTATION I, Gregory D. Brown, am the ECF user whose ID and password are being used to file this stipulation and proposed order. In compliance with General Order 45, X.B., I hereby attest that plaintiffs' counsel have concurred in the filing of this document with their electronic signatures. Dated: April 23, 2010 /s/ Gregory D. Brown Gregory D. Brown

GOOD CAUSE APPEARING, PURSUANT TO STIPULATION, IT IS SO ORDERED. ______________________________________ Hon. Claudia Wilken United States District Judge

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