V. et al v. Wagner et al

Filing 520

ORDER by Judge Claudia Wilken Granting 519 Stipulation CONTINUING THE FURTHER CASE MANAGEMENT CONFERENCE PENDING RESOLUTION OF DEFENDANTS' PRELIMINARY INJUNCTION APPEALS IN THE NINTH CIRCUIT. (ndr, COURT STAFF) (Filed on 10/17/2012)

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MELINDA BIRD (SBN 102236)
MONISHA A. COELHO (SBN 219233)
DISABILITY RIGHTS CALIFORNIA
350 South Bixel Street, Suite 290
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Named Plaintiffs and the Class
Additional Attorneys for Named Plaintiffs and the
Class on Signature Page
STEPHEN P. BERZON (SBN 46540)
EVE H. CERVANTEZ (SBN 164709)
STACEY M. LEYTON (SBN 203827)
PEDER J. THOREEN (SBN 217081)
RACHEL J. ZWILLINGER (SBN 268684)
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

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO/OAKLAND DIVISION

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DAVID OSTER, et al.,

Case No. CV 09-04668 CW

Plaintiffs,
v.
WILL LIGHTBOURNE, Director of the California
Department of Social Services; TOBY DOUGLAS,
Director of the California Department of Health Care
Services; CALIFORNIA DEPARTMENT OF HEALTH
CARE SERVICES; and CALIFORNIA DEPARTMENT
OF SOCIAL SERVICES,

STIPULATION AND ORDER
CONTINUING THE FURTHER
CASE MANAGEMENT
CONFERENCE PENDING
RESOLUTION OF DEFENDANTS’
PRELIMINARY INJUNCTION
APPEALS IN THE NINTH
CIRCUIT

Defendants.

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Stipulation and [Proposed] Order, Case No. CV 09-04668 CW

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WHEREAS, a Case Management Conference is scheduled in this case for October 24,
2012;
WHEREAS, Defendants’ preliminary injunction appeal with respect to ABX 4 4 is

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currently pending in the Ninth Circuit, which has not yet issued its decision;
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WHEREAS, oral argument on that appeal was heard and the matter submitted on June
15, 2010;
WHEREAS, the Ninth Circuit vacated the submission and deferred resolution of that
preliminary injunction appeal pending the United States Supreme Court’s decision in the
consolidated appeals of Douglas v. Indep. Living Ctr. of S. Cal., et al.;
WHEREAS, the United Supreme Court has now issued its ruling in Douglas;

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WHEREAS, on May 21, 2012, the Ninth Circuit ordered the parties to submit letter briefs

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regarding the mootness impact upon the appeal, if any, of California Welfare & Institutions Code

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§§12309(i) and 12309.2(e);

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WHEREAS, those briefs were filed on July 20, 2012;

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WHEREAS, Defendants filed a preliminary injunction appeal with respect to SB 73 on

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February 21, 2012 and March 5, 2012;

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WHEREAS, Defendants filed their opening brief on April 3, 2012; Plaintiffs filed their
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answering brief on July 19, 2012 and Defendants filed their reply brief on August 16, 2012;
WHEREAS, the Ninth Circuit has not yet set a date for oral argument with respect to
Defendants’ appeal of this Court’s preliminary injunction regarding SB 73;
WHEREAS, a further case management conference had been set in this case for July 25,
2012, but was continued by agreement of the parties to October 24, 2012;
WHEREAS, the parties agree that it would be more efficient for the Court and the parties

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to continue the further case management conference pending resolution of the preliminary
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injunction appeals;
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Stipulation and [Proposed] Order; Case No. CV 09-04668 CW

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IT IS HEREBY STIPULATED between the parties through their respective counsel that,
subject to Court approval:
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The further case management conference scheduled for October 24, 2012 is taken

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off calendar.
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2.

2:00 p.m.

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A further case management conference is rescheduled for January 23, 2013, at

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The parties, by filing another Stipulation and [Proposed] Order, may request an
earlier or later date for the further case management conference depending on the
date(s) the Ninth Circuit issues its opinion(s).

Dated: October 15, 2012

Respectfully Submitted,

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/s/ Melinda Bird_________________
MELINDA BIRD (SBN 102236)
MONISHA A. COELHO (SBN 219233)
DISABILITY RIGHTS CALIFORNIA
LOS ANGELES REGIONAL OFFICE
350 South Bixel Street, Suite 290
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
SUJATHA JAGADEESH BRANCH (SBN
166259)
DISABILITY RIGHTS CALIFORNIA
SACRAMENTO REGIONAL OFFICE
1831 K Street
Sacramento, CA 95811
Telephone: [phone]
Facsimile: [phone]
[e-mail]
DARA L. SCHUR (SBN 98638)
ELISSA GERSHON (SBN 169741)
DISABILITY RIGHTS CALIFORNIA
BAY AREA REGIONAL OFFICE
1330 Broadway, Suite 500
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
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Stipulation and [Proposed] Order, Case No. CV 09-04668 CW

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PAULA PEARLMAN (SBN 109038)
DISABILITY RIGHTS LEGAL CENTER
919 Albany Street
Los Angeles, CA 90015
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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CHARLES WOLFINGER (SBN 63467)
LAW OFFICE OF CHARLES WOFLINGER
4655 Cass Street # 314
San Diego, CA 92109
Telephone: [phone]
Facsimile: [phone]
[e-mail]
JANE PERKINS (SBN 104784)
NATIONAL HEALTH LAW PROGRAM
101 East Weaver Street, Suite G-7
Carrboro, NC 27510
Telephone: [phone]
Facsimile: [phone]
ABIGAIL K. COURSOLLE (SBN 266646)
NATIONAL HEALTH LAW PROGRAM
3701 Wilshire Blvd., Ste. 750
Los Angeles, CA 90010
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]
[e-mail]
Attorneys for Individual Named Plaintiffs David
Oster, Willie Beatrice Sheppard, C.R., Dottie Jones,
Andrea Hylton, Helen Polly Stern, Charles
Thurman, L.C., and the Plaintiff Class

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/s/ Stacey Leyton__________________
STEPHEN P. BERZON (SBN 46540)
EVE H. CERVANTEZ (SBN 164709)
STACEY M. LEYTON (SBN 203827)
PEDER J. THOREEN (SBN 217081)
RACHEL J. ZWILLINGER (SBN 268684)
Altshuler Berzon LLP
177 Post Street, Suite 300
San Francisco, California 94108
Telephone: [phone]

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Stipulation and [Proposed] Order, Case No. CV 09-04668 CW

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Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Dated: October 15, 2012

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Attorneys for Plaintiffs SEIU-UHW, SEIU-ULTCW,
SEIU Local 521, SEIU California State Council,
UDW, and CUHW
Respectfully Submitted,
/s/ Susan M. Carson _______________
KAMALA HARRIS
Attorney General of California
SUSAN M. CARSON
Supervising Deputy Attorney General
GREGORY D. BROWN (SBN 219209)
NIMROD ELIAS (SBN 251634)
Deputy Attorneys General
California Dept. of Justice
455 Golden Gate Ave Ste 11000
San Francisco, CA 94102
[e-mail]

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Attorneys for Defendants

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GENERAL ORDER 45 ATTESTATION

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I, Stacey Leyton, am the ECF user whose ID and password are being used to file this

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stipulation. In compliance with General Order 45, X.B, I hereby attest under the penalty of

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perjury that concurrence regarding filing this document has been obtained from each of its

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signatories.

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Dated: October 15, 2012

/s/ Stacey Leyton________
Stacey Leyton

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Stipulation and [Proposed] Order, Case No. CV 09-04668 CW

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ORDER
GOOD CAUSE APPEARING, pursuant to stipulation and in light of the Ninth Circuit’s
oral argument schedule in this case, the Case Management Conference scheduled for October 24,

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2012 is continued to April 10, 2013.
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IT IS SO ORDERED.

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10/17/2012
Dated:____________

___________________________________
Hon. Claudia Wilken
United States District Judge

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Stipulation and [Proposed] Order, Case No. CV 09-04668 CW