Case: Brantley v. Maxwell-Jolly

4:09-cv-03798 | U.S. District Court for the Northern District of California

Filed Date: Aug. 18, 2009

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On August 18, 2009, three individuals receiving adult day health care services in California filed a class action lawsuit against the California Department of Health Care Services and its Director to enjoin the Department from making cuts to the Adult Day Health Care (ADHC) services program. Represented by Disability Rights California, AARP Foundation Litigation, and the National Senior Citizens Law Center, the plaintiffs filed their suit in the U.S. District Court for the Northern District of …

On August 18, 2009, three individuals receiving adult day health care services in California filed a class action lawsuit against the California Department of Health Care Services and its Director to enjoin the Department from making cuts to the Adult Day Health Care (ADHC) services program. Represented by Disability Rights California, AARP Foundation Litigation, and the National Senior Citizens Law Center, the plaintiffs filed their suit in the U.S. District Court for the Northern District of California, and alleged numerous causes of action: violation of the 14th amendment due process clause of the U.S. Constitution; violation of the American Disabilities Act; violations of the Medicaid Act; and violation of California Government Code sections 11135 and 11139.

The plaintiffs alleged that cuts or significant changes to the ADHC program would place elderly persons and adults with disabilities at great risk of permanent institutionalization. The proposed cuts would reduce ADHC services from 5 days a week to only 3, leaving a gap in service provision for elderly and disabled people otherwise unable to care for themselves. The plaintiffs sought injunctive relief for a class of individuals defined as "all recipients of Medi-Cal in California who receive ADHC services, whose benefits would be limited, cut or terminated" under the proposed legislation.

Less than a week after they filed the case, under the impression that the reduction in ADHC services would take effect on August 27, 2009, plaintiffs sought an emergency Temporary Restraining Order. Once the plaintiffs learned that the reduction would not take place until the week of September 7, 2009, they substituted a Motion for Preliminary Injunction.

On September 10, 2009, District Court (Judge Saundra Brown Armstrong) issued a preliminary injunction enjoining the California Department of Health Care Services from reducing, terminating, or modifying the ADHC program until an appropriate alternative could be provided to prevent institutionalization of individuals in the plaintiffs' class.

On February 24, 2010, the District Court issued a second preliminary injunction preventing the defendants from "implementing new, more restrictive eligibility requirements for ADHC services."

On August 10, 2010, the District Court granted the plaintiffs' motion for class certification. The court certified the class as "All Medi-Cal beneficiaries in the State of California for whom Adult Day Health Care benefits will be reduced, suspended, denied or terminated under the provisions of ABx4 5."

On December 14, 2011, the District Court approved the motion for preliminary approval of a settlement agreement. The settlement agreement "which preserves ADHC-like services for people who are at risk of institutionalization, in a new program called Community-Based Adult Services (CBAS). Similar to ADHC, CBAS will offer center-based skilled health and nursing care, therapies, transportation and other services, to eligible low income seniors and people with disabilities. Under the settlement, the planned December 1, 2011 ADHC elimination date will be moved to February 29, 2012 to ensure a seamless transition for eligible ADHC participants to the CBAS program." On January 25, 2012, the District Court entered the stipulated judgment pursuant to the settlement agreement reached by the parties.

On Sept. 15, 2012, the plaintiffs filed a motion to enforce the judgment and for the appointment of a special master. The district court referred the motion to Magistrate Judge Jacqueline Scott Corley, who issued an opinion and order denying the motion on Nov. 20, 2012.

In their motion, the plaintiffs alleged that the state failed to take necessary steps to prevent managed care opt-outs; that it subjected some class members to long-delayed hearing decisions; that it subjected class members to illegal Quality Assurance reviews in determining CBAS eligibility; and it had not acted to support access to CBAS and prevent loss of CBAS services due to center closures. But Judge Corley determined that the state had not violated any aspect of the settlement agreement.

On March 8, 2013, Judge Armstrong accepted Magistrate Judge Corley's report and recommendation. He ordered that the plaintiffs' motion be denied.

Summary Authors

Justin Benson (3/29/2012)

Andrew Junker (11/10/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5868446/parties/darling-v-douglas/


Judge(s)

Armstrong, Saundra Brown (California)

Corley, Jacqueline Scott (California)

Cousins, Nathanael M. (California)

Attorneys(s) for Plaintiff

Anthony, Farah Shirin (California)

Bagby, Kelly R. (District of Columbia)

Brzovic, Daniel Paul (California)

Capistrano, Robert P. (California)

Carlson, Eric (California)

Casto, Lorraine M. (California)

Davis, Thad Alan (California)

Judge(s)

Armstrong, Saundra Brown (California)

Corley, Jacqueline Scott (California)

Cousins, Nathanael M. (California)

Attorneys(s) for Plaintiff

Anthony, Farah Shirin (California)

Bagby, Kelly R. (District of Columbia)

Brzovic, Daniel Paul (California)

Capistrano, Robert P. (California)

Carlson, Eric (California)

Casto, Lorraine M. (California)

Davis, Thad Alan (California)

Gershon, Elissa Staci (California)

Ho, Alice (California)

Jones, Barbara Anne (California)

Keys, Michael (California)

Koslofsky, Jay B. (California)

Kuwayti, Kenneth A (California)

Perkins, Martha Jane (North Carolina)

Petersen, Benjamin A (California)

Prindiville, Kevin Edward (California)

Rich, Anna Margaret (California)

Schur, Dara L. (California)

Somers, Sarah (North Carolina)

Su, Henry C. (District of Columbia)

Swain, Kimberly C. (California)

Tsai, Rocky C. (California)

White, Lindsay M (California)

Zeller, Kenneth Wayne (District of Columbia)

Zirker, Elizabeth Anna (California)

Attorneys(s) for Defendant

Bunshoft, Jennifer A. (California)

Carson, Susan (California)

Harris, Kamala D. (California)

Sondheimer, Joshua N. (California)

Other Attorney(s)

Doi, Kathryn Ellen (California)

Expert/Monitor/Master

Deiss, Ila Casy (California)

Documents in the Clearinghouse

Document

4:09-cv-03798

Docket

March 8, 2013

March 8, 2013

Docket
1

4:09-cv-03798

Complaint for Injunctive and Declaratory Relief

Aug. 18, 2009

Aug. 18, 2009

Complaint
15

4:09-cv-03798

Plaintiff's Notice of Motion and Motion for Class Certification

Aug. 24, 2009

Aug. 24, 2009

Pleading / Motion / Brief
14

4:09-cv-03798

Motion for Temporary Restraining Order and Order to Show Cause

Aug. 24, 2009

Aug. 24, 2009

Pleading / Motion / Brief
25

4:09-cv-03798

Motion for Preliminary Injunction

Aug. 26, 2009

Aug. 26, 2009

Pleading / Motion / Brief
46

4:09-cv-03798

Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction

Sept. 3, 2009

Sept. 3, 2009

Pleading / Motion / Brief
57

4:09-cv-03798

Order Granting Plaintiffs' Motion for Preliminary Injunction

656 F.Supp.2d 1161, 2009 WL 2941519

Sept. 10, 2009

Sept. 10, 2009

Order/Opinion

4:09-cv-03798

Press Release

No Court

Sept. 11, 2009

Sept. 11, 2009

Press Release
74

4:09-cv-03798

First Amended Complaint for Injunctive and Declaratory Relief

Dec. 18, 2009

Dec. 18, 2009

Complaint
171

4:09-cv-03798

Order Granting Plaintiffs' Motion for Preliminary Injunction

Cota v. Maxwell-Jolly

688 F.Supp.2d 980

Feb. 24, 2010

Feb. 24, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5868446/darling-v-douglas/

Last updated Aug. 7, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT /issued summons against Department of Health Care Services, David Maxwell-Jolly ( Filing fee $ 350, receipt number 44611004007.). Filed byGilda Garcia, Lillie Brantley, Allie Jo Woodward. (ga, COURT STAFF) (Filed on 8/18/2009) (Additional attachment(s) added on 9/3/2009: # 1 Civil Cover Sheet) (kc, COURT STAFF). (Additional attachment(s) added on 4/12/2018: # 2 Summons) (cjlS, COURT STAFF). (Entered: 08/21/2009)

1 Civil Cover Sheet

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2 Summons

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Aug. 18, 2009

Aug. 18, 2009

PACER
2

MOTION for Leave to Proceed in forma pauperis filed by Gilda Garcia, Allie Jo Woodward. (ga, COURT STAFF) (Filed on 8/18/2009) (kc, COURT STAFF). (Entered: 08/21/2009)

Aug. 18, 2009

Aug. 18, 2009

PACER
3

MOTION for leave to appear in Pro Hac Vice for Kenneth Zeller ( Filing fee $ 210, receipt number 44611004008.) filed by Gilda Garcia, Allie Jo Woodward. (Attachments: # 1 Proposed Order)(ga, COURT STAFF) (Filed on 8/18/2009) Modified on 8/25/2009 (jlm, COURT STAFF). (Entered: 08/21/2009)

1 Proposed Order

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Aug. 18, 2009

Aug. 18, 2009

PACER
4

MOTION to Appoint Guardian Ad Litem ad Litem filed by Lillie Brantley. (ga, COURT STAFF) (Filed on 8/18/2009) (Entered: 08/21/2009)

Aug. 18, 2009

Aug. 18, 2009

PACER
5

Declaration of Catherine Davis in Support of 4 MOTION to Appoint Guardian Ad Litem ad Litem filed byLillie Brantley. (ga, COURT STAFF) (Filed on 8/18/2009) (kc, COURT STAFF). (Entered: 08/21/2009)

Aug. 18, 2009

Aug. 18, 2009

PACER
6

MOTION to Appoint Guardian Ad Litem ad Litem filed by Allie Jo Woodward. (ga, COURT STAFF) (Filed on 8/18/2009) (Entered: 08/21/2009)

Aug. 18, 2009

Aug. 18, 2009

PACER
7

Declaration of Catherine Davis in Support of 6 MOTION to Appoint Guardian Ad Litem ad Litem filed byAllie Jo Woodward. (ga, COURT STAFF) (Filed on 8/18/2009) (kc, COURT STAFF). (Entered: 08/21/2009)

Aug. 18, 2009

Aug. 18, 2009

PACER
8

MEMORANDUM in Support re 6 MOTION to Appoint Guardian Ad Litem ad Litem, 4 MOTION to Appoint Guardian Ad Litem ad Litem filed byLillie Brantley, Allie Jo Woodward. (ga, COURT STAFF) (Filed on 8/21/2009) (Entered: 08/21/2009)

Aug. 18, 2009

Aug. 18, 2009

PACER
9

Proposed Order re 4 MOTION to Appoint Guardian Ad Litem ad Litem by Lillie Brantley. (ga, COURT STAFF) (Filed on 8/18/2009) (Entered: 08/21/2009)

Aug. 18, 2009

Aug. 18, 2009

PACER
10

Proposed Order re 6 MOTION to Appoint Guardian Ad Litem ad Litem by Allie Jo Woodward. (ga, COURT STAFF) (Filed on 8/18/2009) (Entered: 08/21/2009)

Aug. 18, 2009

Aug. 18, 2009

PACER
11

ADR SCHEDULING ORDER: Case Management Statement due by 11/26/2009. Case Management Conference set for 12/3/2009 10:00 AM.. Signed by Judge Maria-Elena James on 8/18/09. (Attachments: # 1 Standing Order)(ga, COURT STAFF) (Filed on 8/18/2009) (Entered: 08/21/2009)

1 Standing Order

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Aug. 18, 2009

Aug. 18, 2009

PACER

CASE DESIGNATED for Electronic Filing. (ga, COURT STAFF) (Filed on 8/18/2009)

Aug. 18, 2009

Aug. 18, 2009

PACER
12

*** FILED IN ERROR. PLEASE SEE DOCKET # 18 . *** CERTIFICATE OF SERVICE as to Department of Health Care Services re 1 Complaint, 2 Motion for Leave to Proceed in forma Pauperis, 3 Motion for Leave to Appear in Pro Hac Vice for Kenneth Zeller 4 Motion to Appoint Guardian Ad Litem 5 Declaration of Catherine Davis in Support 6 Motion to Appoint Guardian Ad Litem 7 Declaration of Catherine Davis in Support 8 Memorandum in Support 9 Proposed Order 10 Proposed Order 11 ADR Scheduling Order, filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward (Zirker, Elizabeth) (Filed on 8/24/2009) Modified on 8/25/2009 (jlm, COURT STAFF). Modified on 8/25/2009 (jlm, COURT STAFF). Modified on 8/25/2009 (jlm, COURT STAFF). Modified on 8/26/2009 (ewn, COURT STAFF). (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
13

*** FILED IN ERROR. PLEASE SEE DOCKET # 19 . *** CERTIFICATE OF SERVICE as to Maxwell-Jolly re re 1 Complaint, 2 Motion for Leave to Proceed in forma Pauperis, 3 Motion for Leave to Appear in Pro Hac Vice for Kenneth Zeller 4 Motion to Appoint Guardian Ad Litem 5 Declaration of Catherine Davis in Support 6 Motion to Appoint Guardian Ad Litem 7 Declaration of Catherine Davis in Support 8 Memorandum in Support 9 Proposed Order 10 Proposed Order 11 ADR Scheduling Order, by Lillie Brantley, Gilda Garcia, Allie Jo Woodward (Zirker, Elizabeth) (Filed on 8/24/2009) Modified on 8/25/2009 (jlm, COURT STAFF). Modified on 8/26/2009 (ewn, COURT STAFF). (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
14

Emergency MOTION for Temporary Restraining Order and Hearing and Order to Show Cause, filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward. (Attachments: # 1 Exhibit DECLARATION RE: NOTICE TO DEFS RE: TEMPORARY RESTRAINING ORDER, # 2 Exhibit Declarations ISO Plaintiffs' Motion for TRO, # 3 Exhibit Declarations ISO Plaintiffs Motion for TRO, # 4 Exhibit Declarations ISO Plaintiffs' Motion for TRO, # 5 Exhibit Declarations ISO Plaintiffs' Motion for TRO, # 6 Proposed Order Proposed Order and Order to show Cause re Preliminary Injunction)(Zirker, Elizabeth) (Filed on 8/24/2009) Modified on 8/25/2009 (jlm, COURT STAFF). (Entered: 08/24/2009)

1 Exhibit DECLARATION RE: NOTICE TO DEFS RE: TEMPORARY RESTRAINING ORDER

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2 Exhibit Declarations ISO Plaintiffs' Motion for TRO

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3 Exhibit Declarations ISO Plaintiffs Motion for TRO

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4 Exhibit Declarations ISO Plaintiffs' Motion for TRO

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5 Exhibit Declarations ISO Plaintiffs' Motion for TRO

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6 Proposed Order Proposed Order and Order to show Cause re Preliminary Injunction

View on PACER

Aug. 24, 2009

Aug. 24, 2009

PACER
15

Emergency MOTION to Certify Class Certification, filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward. (Attachments: # 1 Exhibit Declarations of Class Counsel in support of Plaintiffs' Motion for Class Certification, # 2 Exhibit Index of Declarations in support of Class Certification, # 3 Exhibit Declarations in support of Class Certification, # 4 Exhibit Declarations in support of Class Certification, # 5 Exhibit Declarations in support of Class Certification, # 6 Exhibit Declarations in support of Class Certification)(Zirker, Elizabeth) (Filed on 8/24/2009) Modified on 8/25/2009 (jlm, COURT STAFF). (Entered: 08/24/2009)

1 Exhibit Declarations of Class Counsel in support of Plaintiffs' Motion for

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2 Exhibit Index of Declarations in support of Class Certification

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3 Exhibit Declarations in support of Class Certification

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4 Exhibit Declarations in support of Class Certification

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5 Exhibit Declarations in support of Class Certification

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6 Exhibit Declarations in support of Class Certification

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Aug. 24, 2009

Aug. 24, 2009

PACER
16

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (bjt, COURT STAFF) (Filed on 8/24/2009) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
17

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Saundra Brown Armstrong for all further proceedings. Judge Magistrate Judge Maria-Elena James no longer assigned to the case. Signed by J Executive Committee on 8/24/09. (mab, COURT STAFF) (Filed on 8/24/2009) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
18

CERTIFICATE OF SERVICE as to Department of Health Care Services re 1 Complaint, 2 Motion for Leave to Proceed in forma Pauperis, 3 Motion for Leave to Appear in Pro Hac Vice for Kenneth Zeller 4 Motion to Appoint Guardian Ad Litem 5 Declaration of Catherine Davis in Support 6 Motion to Appoint Guardian Ad Litem 7 Declaration of Catherine Davis in Support 8 Memorandum in Support 9 Proposed Order 10 Proposed Order 11 ADR Scheduling Order, by Lillie Brantley, Gilda Garcia, Allie Jo Woodward. CORRECTION of DOCKET # 12 . (Zirker, Elizabeth) (Filed on 8/25/2009) Modified on 8/26/2009 (jlm, COURT STAFF). (Entered: 08/25/2009)

Aug. 25, 2009

Aug. 25, 2009

PACER
19

CERTIFICATE OF SERVICE as to David Maxwell-Jolly re 1 Complaint, 2 Motion for Leave to Proceed in forma Pauperis, 3 Motion for Leave to Appear in Pro Hac Vice for Kenneth Zeller 4 Motion to Appoint Guardian Ad Litem 5 Declaration of Catherine Davis in Support 6 Motion to Appoint Guardian Ad Litem 7 Declaration of Catherine Davis in Support 8 Memorandum in Support 9 Proposed Order 10 Proposed Order 11 ADR Scheduling Order, filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward. CORRECTION OF DOCKET # 13 . (Zirker, Elizabeth) (Filed on 8/25/2009) Modified on 8/26/2009 (jlm, COURT STAFF). (Entered: 08/25/2009)

Aug. 25, 2009

Aug. 25, 2009

PACER
20

NOTICE OF REPRESENTATION, filed by Department of Health Care Services, David Maxwell-Jolly (Attachments: # 1 Proof of Service)(Carson, Susan) (Filed on 8/25/2009) Modified on 8/26/2009 (jlm, COURT STAFF). (Entered: 08/25/2009)

1 Proof of Service

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Aug. 25, 2009

Aug. 25, 2009

PACER
21

CERTIFICATE OF SERVICE 14 Emergency Motion for Temporary Restraining Order and Hearing and Order to Show Cause, 15 Emergency Motion to Certify Class Certification filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward (Zirker, Elizabeth) (Filed on 8/26/2009) Modified on 8/27/2009 (jlm, COURT STAFF). (Entered: 08/26/2009)

Aug. 26, 2009

Aug. 26, 2009

PACER
22

CERTIFICATE OF SERVICE re 14 Emergency Motion for Temporary Restraining Order and Hearing and Order to Show Cause, 15 Emergency Motion to Certify Class Certification, filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward for Personal Service to David Maxwell-Jolly, dir. of the Deptartment of Health Care Services (Zirker, Elizabeth) (Filed on 8/26/2009) Modified on 8/27/2009 (jlm, COURT STAFF). (Entered: 08/26/2009)

Aug. 26, 2009

Aug. 26, 2009

PACER
23

MOTION to Shorten Time re 15 Emergency Motion for Class Certification filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward. (Attachments: # 1 Exhibit)(Zirker, Elizabeth) (Filed on 8/26/2009) Modified on 8/27/2009 (jlm, COURT STAFF). (Entered: 08/26/2009)

1 Exhibit

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Aug. 26, 2009

Aug. 26, 2009

PACER
24

Proposed Order re 23 Motion to Shorten Time on Plaintiffs' Motion for Class Certification filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward. (Zirker, Elizabeth) (Filed on 8/26/2009) Modified on 8/27/2009 (jlm, COURT STAFF). (Entered: 08/26/2009)

Aug. 26, 2009

Aug. 26, 2009

PACER
25

MOTION for Preliminary Injunction; Memorandum of Points and Authorities in support, filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward. Motion Hearing set for 9/8/2009 01:00 PM in Courtroom 3, 3rd Floor, Oakland. (Zirker, Elizabeth) (Filed on 8/26/2009) Modified on 8/27/2009 (jlm, COURT STAFF). (Entered: 08/26/2009)

Aug. 26, 2009

Aug. 26, 2009

PACER
26

Declaration of Elizabeth Zirker in Support 25 Motion for Preliminary Injunction filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward. (Attachments: # 1 Exhibit Comparison of Statutes and Regulations Relating to Provision of Service)(Zirker, Elizabeth) (Filed on 8/26/2009) Modified on 8/27/2009 (jlm, COURT STAFF). (Entered: 08/26/2009)

1 Exhibit COMPARISON OF STATUTES AND REGULATIONS RELATING TO PROVISION OF SERVICES

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Aug. 26, 2009

Aug. 26, 2009

PACER
27

CERTIFICATE OF SERVICE by Lillie Brantley, Gilda Garcia, Allie Jo Woodward re 14 Emergency Motion for Temporary Restraining Order and Hearing and Order to Show Cause, 15 Emergency Motion to Certify Class Certification, filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward Personal Service on David Maxwell-Jolly 8-24-09 (Zirker, Elizabeth) (Filed on 8/27/2009) Modified on 8/28/2009 (jlm, COURT STAFF). (Entered: 08/27/2009)

Aug. 27, 2009

Aug. 27, 2009

PACER

Set/Reset Deadlines as to 25 MOTION for Preliminary Injunction. Responses due by 9/1/2009. Replies due by 9/3/2009. Motion Hearing set for 9/8/2009 01:00 PM in Courtroom 1, 4th Floor, Oakland.. Signed by Judge Armstrong on 8/27/09. (lrc, COURT STAFF) (Filed on 8/27/2009)

Aug. 27, 2009

Aug. 27, 2009

PACER
28

Memorandum in Opposition re 23 Motion to Shorten Time on Plaintiffs' Motion for Class Certification filed by Department of Health Care Services, David Maxwell-Jolly. (Carson, Susan) (Filed on 8/28/2009) Modified on 8/31/2009 (kc, COURT STAFF). (Entered: 08/28/2009)

Aug. 28, 2009

Aug. 28, 2009

PACER
29

Proposed Order Granting 25 Motion for Preliminary Injunction filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward. (Zirker, Elizabeth) (Filed on 8/28/2009) Modified on 8/31/2009 (kc, COURT STAFF). Modified on 4/1/2010 (jlm, COURT STAFF). (Entered: 08/28/2009)

Aug. 28, 2009

Aug. 28, 2009

PACER
30

ORDER by Judge ARMSTRONG denying 23 Motion to Shorten Time (lrc, COURT STAFF) (Filed on 9/1/2009) (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
31

STIPULATION AND PROPOSED ORDER TO FILE DECLARATION OF ROSEMARY LAMB UNDER SEAL by Department of Health Care Services, David Maxwell-Jolly. (Carson, Susan) (Filed on 9/1/2009) Modified on 9/2/2009 (kc, COURT STAFF). (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
32

MEMORANDUM in Opposition re 25 MOTION for Preliminary Injunction filed by Department of Health Care Services, David Maxwell-Jolly. (Related document(s) 25 ) (Carson, Susan) (Filed on 9/1/2009) Modified on 9/2/2009 (kc, COURT STAFF). (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
33

Declaration of BARBARA BAILEY IN OPPOSITION TO 25 MOTION FOR PRELIMINARY INJUNCTION w/ exhibits A-H filed by Department of Health Care Services, David Maxwell-Jolly. (Carson, Susan) (Filed on 9/1/2009) Modified on 9/2/2009 (kc, COURT STAFF). (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
34

DECLARATION of Mark Hutchinson IN OPPOSITION TO 25 MOTION FOR PRELIMINARY INJUNCTION filed by Department of Health Care Services, David Maxwell-Jolly. (Carson, Susan) (Filed on 9/1/2009) Modified on 9/2/2009 (kc, COURT STAFF). (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
35

DECLARATION of PHYLLIS MUCHMORE IN OPPOSITION TO 25 MOTION FOR PRELIMINARY INJUNCTION w/ exhibit A filed by Department of Health Care Services, David Maxwell-Jolly. (Carson, Susan) (Filed on 9/1/2009) Modified on 9/2/2009 (kc, COURT STAFF). (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
36

DECLARATION of DENISE PEACH IN OPPOSITION TO 25 MOTION FOR PRELIMINARY INJUNCTION w/ exhibits A-B filed by Department of Health Care Services, David Maxwell-Jolly. (Carson, Susan) (Filed on 9/1/2009) Modified on 9/2/2009 (kc, COURT STAFF). (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
37

Request for Judicial Notice re 32 Memorandum in Opposition, w/ exhibits A-C filed by Department of Health Care Services, David Maxwell-Jolly. (Related document(s) 32 ) (Carson, Susan) (Filed on 9/1/2009) Modified on 9/2/2009 (kc, COURT STAFF). (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
40

ORDER by Judge Saundra Brown Armstrong granting 3 Motion for Pro Hac Vice for Kenneth Zeller (cp, COURT STAFF) (Filed on 9/1/2009) (Entered: 09/03/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
41

ORDER by Judge Saundra Brown Armstrong granting 2 Motion for Leave to Proceed in forma pauperis (cp, COURT STAFF) (Filed on 9/1/2009) (Entered: 09/03/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
38

ORDER Setting Hearing on Motion 25 MOTION for Preliminary Injunction Motion Hearing set for 9/9/2009 01:00 PM in Courtroom 1, 4th Floor, Oakland.. Signed by Judge ARMSTRONG on 9/2/09. (lrc, COURT STAFF) (Filed on 9/2/2009) (Entered: 09/02/2009)

Sept. 2, 2009

Sept. 2, 2009

PACER
39

AMENDED DECLARATION of Barbara Bailey IN OPPOSITION TO 25 MOTION FOR PRELIMINARY INJUNCTION filed by Department of Health Care Services, David Maxwell-Jolly. (Carson, Susan) (Filed on 9/2/2009) Modified on 9/3/2009 (kc, COURT STAFF). (Entered: 09/02/2009)

Sept. 2, 2009

Sept. 2, 2009

PACER
42

OBJECTIONS to Evidence re 35 Declaration Phyllis Muchmore in Support of Defendants' Opposition to Plaintiffs' Preliminary Injunction Motion filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward. (Zirker, Elizabeth) (Filed on 9/3/2009) Modified on 9/4/2009 (kc, COURT STAFF). Modified on 7/13/2011 (jlm, COURT STAFF). (Entered: 09/03/2009)

Sept. 3, 2009

Sept. 3, 2009

PACER
43

MOTION to Seal Document and PROPOSED ORDER TO FILE PLAINTIFFS' OBJECTIONS TO THE DECLARATION OF ROSEMARY LAMB UNDER SEAL filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward. (Zirker, Elizabeth) (Filed on 9/3/2009) Modified on 9/4/2009 (kc, COURT STAFF). (Entered: 09/03/2009)

Sept. 3, 2009

Sept. 3, 2009

PACER
44

OBJECTIONS to DECLARATION ROSEMARY LAMB IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' PRELIMINARY INJUNCTION MOTION [REDACTED] by Lillie Brantley, Gilda Garcia, Allie Jo Woodward. (Zirker, Elizabeth) (Filed on 9/3/2009) (Entered: 09/03/2009)

Sept. 3, 2009

Sept. 3, 2009

PACER
45

*** FILED IN ERROR. REFER TO DOCUMENT 46 . *** Reply to Opposition of Defendants to Plaintiffs' Motion for Preliminary Injunction filed byLillie Brantley, Gilda Garcia, Allie Jo Woodward. (Attachments: # 1 Exhibit Missaelides Supplemental Declaration, # 2 Exhibit Steinke Supplemental Declaration)(Zirker, Elizabeth) (Filed on 9/3/2009) Modified on 9/4/2009 (feriab, COURT STAFF). (Entered: 09/03/2009)

1 Exhibit Missaelides Supplemental Declaration

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2 Exhibit Steinke Supplemental Declaration

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Sept. 3, 2009

Sept. 3, 2009

PACER
46

Reply to Opposition re 25 Motion for Preliminary Injunction CORRECTION OF DOCKET # 45 filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward. (Attachments: # 1 Exhibit Missaellides Supp. Declaration, # 2 Exhibit Steinke Supp. Declaration)(Zirker, Elizabeth) (Filed on 9/3/2009) Modified on 9/4/2009 (kc, COURT STAFF). (Entered: 09/03/2009)

1 Exhibit Missaellides Supp. Declaration

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2 Exhibit Steinke Supp. Declaration

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Sept. 3, 2009

Sept. 3, 2009

PACER
47

CERTIFICATE OF SERVICE by Department of Health Care Services, David Maxwell-Jolly Declaration of Service by Electronic Mail (Carson, Susan) (Filed on 9/4/2009) (Entered: 09/04/2009)

Sept. 4, 2009

Sept. 4, 2009

PACER
55

ORDER by Judge Saundra Brown Armstrong GRANTING 4 Motion to Appoint Chauncey McLorin as Guardian Ad Litem for Lillie Brantley. (jlm, COURT STAFF) (Filed on 9/8/2009) (Entered: 09/10/2009)

Sept. 8, 2009

Sept. 8, 2009

PACER
56

ORDER by Judge Saundra Brown Armstrong GRANTING 6 Motion to Appoint Linda Gaspard-Berry as Guardian Ad Litem ad Litem for Allie Jo Woodard. (jlm, COURT STAFF) (Filed on 9/8/2009) (Entered: 09/10/2009)

Sept. 8, 2009

Sept. 8, 2009

PACER
48

Letter to Judge Saundra Brown Armstrong re the Court's request to Plaintiff, by Elizabeth Zirker, dated 09/09/09 (Attachments: # 1 Exhibit, # 2 Exhibit)(Zirker, Elizabeth) (Filed on 9/9/2009) Modified on 9/10/2009 (jlm, COURT STAFF). (Entered: 09/09/2009)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

Sept. 9, 2009

Sept. 9, 2009

PACER
49

Brief: Supplemental Submission re 25 Motion for Preliminary Injunction filed by Department of Health Care Services, David Maxwell-Jolly, Gilda Garcia. (Carson, Susan) (Filed on 9/9/2009) Modified on 9/10/2009 (jlm, COURT STAFF). Modified on 9/10/2009 (jlm, COURT STAFF). (Entered: 09/09/2009)

Sept. 9, 2009

Sept. 9, 2009

PACER
54

Minute Entry: Motion Hearing held on 9/9/2009 before Judge Saundra Brown Armstong (Date Filed: 9/9/2009). (Court Reporter: Raynee Mercado) (lrc, COURT STAFF) (Date Filed: 9/9/2009) Modified on 9/11/2009 (jlm, COURT STAFF). (Entered: 09/10/2009)

Sept. 9, 2009

Sept. 9, 2009

PACER
50

ORDER by Judge Saundra Brown Armstrong DENYING 43 Motion to Seal. If parties desires these documents to become part of the record, they shall electronically file them FORTHWITH (lrc, COURT STAFF) (Filed on 9/10/2009) Modified on 9/11/2009 (jlm, COURT STAFF). (Entered: 09/10/2009)

Sept. 10, 2009

Sept. 10, 2009

RECAP
51

OBJECTIONS to evidence (previously filed redacted) through the Declaration of Rosemary Lamb filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward. (Zirker, Elizabeth) (Filed on 9/10/2009) Modified on 9/11/2009 (jlm, COURT STAFF). (Entered: 09/10/2009)

Sept. 10, 2009

Sept. 10, 2009

PACER
52

DECLARATION of Rosemary Lamb in Opposition to 25 Motion for Preliminary Injunction; Memorandum of Points and Authorities in support filed by Department of Health Care Services, David Maxwell-Jolly. (Related document(s) 25 ) (Carson, Susan) (Filed on 9/10/2009) Modified on 9/11/2009 (jlm, COURT STAFF). (Entered: 09/10/2009)

Sept. 10, 2009

Sept. 10, 2009

PACER
53

CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASES: Case Management Conference set for 12/3/2009 02:30 PM., via telephone. Signed by Judge Saundra Brown Armstrong, on 9/10/09. (lrc, COURT STAFF) (Filed on 9/10/2009) Modified on 9/11/2009 (jlm, COURT STAFF). (Entered: 09/10/2009)

Sept. 10, 2009

Sept. 10, 2009

PACER
57

ORDER by Judge Saundra Brown Armstrong GRANTING 25 Motion for Preliminary Injunction, and FINDING AS MOOT 14 Motion for Temporary Restraining Order (lrc, COURT STAFF) (Filed on 9/10/2009) Modified on 9/11/2009 (jlm, COURT STAFF). (Entered: 09/10/2009)

Sept. 10, 2009

Sept. 10, 2009

RECAP
58

CERTIFICATE OF SERVICE as to Department of Health Care Services re 57 Order Granting Preliminary Injunction filed by Lillie Brantley, Gilda Garcia, Linda Gaspard-Berry, Chauncey McLorin, Allie Jo Woodward (Schur, Dara) (Filed on 9/16/2009) Modified on 9/17/2009 (jlm, COURT STAFF). (Entered: 09/16/2009)

Sept. 16, 2009

Sept. 16, 2009

PACER
59

CERTIFICATE OF SERVICE as to David Maxwell-Jolly re 57 Order Granting Preliminary Injunction filed by Lillie Brantley, Gilda Garcia, Linda Gaspard-Berry, Chauncey McLorin, Allie Jo Woodward (Schur, Dara) (Filed on 9/16/2009) Modified on 9/17/2009 (jlm, COURT STAFF). (Entered: 09/16/2009)

Sept. 16, 2009

Sept. 16, 2009

PACER
60

ANSWER to Complaint for Injunctive and Declaratory Relief, filed by Department of Health Care Services, David Maxwell-Jolly. (Carson, Susan) (Filed on 9/23/2009) Modified on 9/24/2009 (jlm, COURT STAFF). (Entered: 09/23/2009)

Sept. 23, 2009

Sept. 23, 2009

PACER
61

NOTICE of Appearance of Sarah J. Somers and Martha Jane Perkins, filed by Linda Gaspard-Berry, Chauncey McLorin, Allie Jo Woodward, Lillie Brantley, Gilda Garcia (Zirker, Elizabeth) (Filed on 9/30/2009) Modified on 10/1/2009 (jlm, COURT STAFF). (Entered: 09/30/2009)

Sept. 30, 2009

Sept. 30, 2009

PACER
62

STIPULATION REGARDING MODIFICATION TO THE PRELIMINARY INJUNCTION and Proposed Order, filed by Department of Health Care Services, David Maxwell-Jolly, Lillie Brantley, Gilda Garcia, Allie Jo Woodward. (Carson, Susan) (Filed on 11/5/2009) Modified on 11/6/2009 (jlm, COURT STAFF). (Entered: 11/05/2009)

Nov. 5, 2009

Nov. 5, 2009

PACER
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) (Entered: 11/10/2009)

Nov. 6, 2009

Nov. 6, 2009

RECAP
64

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options, filed by Chauncey McLorin (Zirker, Elizabeth) (Filed on 11/12/2009) Modified on 11/13/2009 (jlm, COURT STAFF). Modified on 11/13/2009 (jlm, COURT STAFF). (Entered: 11/12/2009)

Nov. 12, 2009

Nov. 12, 2009

PACER
65

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options, filed by Linda Gaspard-Berry (Zirker, Elizabeth) (Filed on 11/12/2009) Modified on 11/13/2009 (jlm, COURT STAFF). (Entered: 11/12/2009)

Nov. 12, 2009

Nov. 12, 2009

PACER
66

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options, filed by Gilda Garcia (Zirker, Elizabeth) (Filed on 11/12/2009) Modified on 11/13/2009 (jlm, COURT STAFF). (Entered: 11/12/2009)

Nov. 12, 2009

Nov. 12, 2009

PACER
67

Joint NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d), filed by Lillie Brantley, Department of Health Care Services, Gilda Garcia, Linda Gaspard-Berry, David Maxwell-Jolly, Chauncey McLorin, Allie Jo Woodward (Zirker, Elizabeth) (Filed on 11/12/2009) Modified on 11/13/2009 (jlm, COURT STAFF). (Entered: 11/12/2009)

Nov. 12, 2009

Nov. 12, 2009

PACER
68

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options, filed by Department of Health Care Services, David Maxwell-Jolly (Carson, Susan) (Filed on 11/12/2009) Modified on 11/13/2009 (jlm, COURT STAFF). (Entered: 11/12/2009)

Nov. 12, 2009

Nov. 12, 2009

PACER
69

Certificate of Interested Entities by Lillie Brantley, Gilda Garcia, Linda Gaspard-Berry, Chauncey McLorin, Allie Jo Woodward (Gershon, Elissa) (Filed on 11/12/2009) (Entered: 11/12/2009)

Nov. 12, 2009

Nov. 12, 2009

PACER
70

ADR Clerks Notice Setting ADR Phone Conference on 11/30/09 at 1:30 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (sgd, COURT STAFF) (Filed on 11/16/2009) (Entered: 11/16/2009)

Nov. 16, 2009

Nov. 16, 2009

PACER

ADR Remark: The ADR Phone Conference scheduled for 11/30/09 has been rescheduled to 12/1/09 at 3:00 p.m. Please note that plaintiff's counsel initiates the call to all parties, then call the ADR Office at 415-522-4603. (sgd, COURT STAFF) (Filed on 11/17/2009)

Nov. 17, 2009

Nov. 17, 2009

PACER
71

JOINT CASE MANAGEMENT STATEMENT and Proposed Order, filed by Lillie Brantley, Gilda Garcia, Linda Gaspard-Berry, Chauncey McLorin, Allie Jo Woodward, Department of Health Care Services, David Maxwell-Jolly. (Attachments: # 1 Exhibit Exhibit A, Plaintiffs'Initial Disclosures, # 2 Exhibit Attachment A to Exhibit A, Plaintiffs' Initial Disclosures, # 3 Exhibit Exhibit B, Parties' Discovery Plan)(Gershon, Elissa) (Filed on 11/23/2009) Modified on 11/24/2009 (jlm, COURT STAFF). (Entered: 11/23/2009)

1 Exhibit Exhibit A, Plaintiffs'Initial Disclosures

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2 Exhibit Attachment A to Exhibit A, Plaintiffs' Initial Disclosures

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3 Exhibit Exhibit B, Parties' Discovery Plan

View on PACER

Nov. 23, 2009

Nov. 23, 2009

PACER

ADR Remark: ADR Phone Conference held by DB on 12/1/09. (sgd, COURT STAFF) (Filed on 12/2/2009)

Dec. 2, 2009

Dec. 2, 2009

PACER
72

Minute Entry: Initial Case Management Conference held on 12/3/2009 before JUDGE ARMSTRONG (Date Filed: 12/3/2009). () (lrc, COURT STAFF) (Date Filed: 12/3/2009) (Entered: 12/07/2009)

Dec. 3, 2009

Dec. 3, 2009

PACER
73

CASE MANAGEMENT SCHEDULING ORDER: Bench Trial set for 9/19/2011 08:30 AM. Discovery due by 2/1/2011. Motions due by 6/7/2011. Pretrial Conference set for 9/6/2011 01:00 PM.. Signed by Judge ARMSTRONG on 12/7/09. (lrc, COURT STAFF) (Filed on 12/7/2009) (Entered: 12/07/2009)

Dec. 7, 2009

Dec. 7, 2009

PACER

CASE REFERRED to Magistrate Judge Magistrate Judge Edward M. Chen for Settlement (wh, COURT STAFF) (Filed on 12/8/2009)

Dec. 8, 2009

Dec. 8, 2009

PACER
74

AMENDED COMPLAINT against Department of Health Care Services, David Maxwell-Jolly. Filed by Gilda Garcia, Lillie Brantley, Allie Jo Woodward, Harry Cota, Ronald Bell, Sumi Konrai. (Gershon, Elissa) (Filed on 12/18/2009) Modified on 12/22/2009 (jlm, COURT STAFF). Modified on 12/22/2009 (jlm, COURT STAFF). (Entered: 12/18/2009)

Dec. 18, 2009

Dec. 18, 2009

PACER
75

*** FILED IN ERROR. PLEASE SEE DOCKET # 79 . *** STIPULATION and Proposed Order to File Amended Complaint, filed by Lillie Brantley, Gilda Garcia, Allie Jo Woodward, Department of Health Care Services, David Maxwell-Jolly. (Gershon, Elissa) (Filed on 12/18/2009) Modified on 12/22/2009 (jlm, COURT STAFF). Modified on 12/28/2009 (ewn, COURT STAFF). (Entered: 12/18/2009)

Dec. 18, 2009

Dec. 18, 2009

PACER
76

MOTION for Leave to Proceed in forma pauperis and Declaration of Elizabeth Zirker, filed by Ronald Bell, Harry Cota, Sumi Konrai (Attachments: # 1 Proposed Order Granting Request to Proceed In Forma Pauperis)(Zirker, Elizabeth) (Filed on 12/18/2009) Modified on 12/22/2009 (jlm, COURT STAFF). (Entered: 12/18/2009)

1 Proposed Order Granting Request to Proceed In Forma Pauperis

View on PACER

Dec. 18, 2009

Dec. 18, 2009

PACER
77

Ex Parte MOTION for Appointment of Guardian ad Litem for Ronald Bell, filed by Lillie Brantley, Gilda Garcia, Linda Gaspard-Berry, Chauncey McLorin, Allie Jo Woodward. (Attachments: # 1 Memorandum of Points and Authorities in Support of Plaintiffs Application for Appointment of Guardian ad Litem, # 2 Declaration Rozene Dilworth in Support of Plaintiffs Application for Appointment of Guardian ad Litem, # 3 Declaration Nina M. Nolcox in Support of Plaintiffs Application for Appointment of Guardian ad Litem, # 4 Proposed Order Appointing Rozene Dilworth Guardian ad Litem for Ronald Bell)(Zirker, Elizabeth) (Filed on 12/18/2009) Modified on 12/22/2009 (jlm, COURT STAFF). (Entered: 12/18/2009)

1 Memorandum of Points and Authorities in Support of Plaintiffs Application for A

View on PACER

2 Declaration Rozene Dilworth in Support of Plaintiffs Application for Appointmen

View on PACER

3 Declaration Nina M. Nolcox in Support of Plaintiffs Application for Appointment

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4 Proposed Order Appointing Rozene Dilworth Guardian ad Litem for Ronald Bell

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Dec. 18, 2009

Dec. 18, 2009

PACER
78

Ex Parte MOTION to appoint Casey Konrai Guardian ad Litem for Sumi Konrai, filed by Lillie Brantley, Gilda Garcia, Linda Gaspard-Berry, Chauncey McLorin, Allie Jo Woodward. (Attachments: # 1 Memorandum of Points and Authorities in Support of Plaintiffs Application for Appointment of Guardian ad Litem, # 2 Declaration Casey Konrai in Support of Plaintiffs Application for Appointment of Guardian ad Litem, # 3 Declaration of Debbie Toth in support of Plaintiffs Application for Appointment of Guardian ad Litem, # 4 Proposed Order Appointing Casey Konrai Guardian ad Litem for Sumi Konrai)(Zirker, Elizabeth) (Filed on 12/18/2009) Modified on 12/22/2009 (jlm, COURT STAFF). (Entered: 12/18/2009)

1 Memorandum of Points and Authorities in Support of Plaintiffs Application for A

View on PACER

2 Declaration Casey Konrai in Support of Plaintiffs Application for Appointment o

View on PACER

3 Declaration of Debbie Toth in support of Plaintiffs Application for Appointment

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4 Proposed Order Appointing Casey Konrai Guardian ad Litem for Sumi Konrai

View on PACER

Dec. 18, 2009

Dec. 18, 2009

PACER
79

STIPULATION and Proposed Order to File Amended Complaint CORRECTION OF DOCUMENT 75 by Ronald Bell, Lillie Brantley, Harry Cota, Gilda Garcia, Linda Gaspard-Berry, Sumi Konrai, Chauncey McLorin, Allie Jo Woodard, Department of Health Care Services, David Maxwell-Jolly. (Gershon, Elissa) (Filed on 12/24/2009) Modified on 12/28/2009 (jlm, COURT STAFF). (Entered: 12/24/2009)

Dec. 24, 2009

Dec. 24, 2009

PACER
80

MOTION for leave to appear in Pro Hac Vice for Kelly Bagby ( Filing fee $ 210, receipt number 44611004643.) filed by Ronald Bell, Lillie Brantley, Harry Cota, Gilda Garcia, Linda Gaspard-Berry, Sumi Konrai, Chauncey McLorin, Allie Jo Woodard. (Attachments: # 1 Proposed Order)(jlm, COURT STAFF) (Filed on 12/28/2009) (Entered: 12/29/2009)

1 Proposed Order

View on PACER

Dec. 28, 2009

Dec. 28, 2009

PACER
81

STIPULATION AND ORDER: That Leave to Amend the Complaint is GRANTED. Signed by Judge Saundra Brown Armstrong, on 12/30/09. (lrc, COURT STAFF) (Filed on 12/30/2009) Modified on 1/4/2010 (jlm, COURT STAFF). (Entered: 12/30/2009)

Dec. 30, 2009

Dec. 30, 2009

RECAP
82

STIPULATION and Proposed Scheduling Order re Motion for Preliminary Injunction, by Ronald Bell, Lillie Brantley, Harry Cota, Gilda Garcia, Linda Gaspard-Berry, Sumi Konrai, Chauncey McLorin, Allie Jo Woodard, Department of Health Care Services, David Maxwell-Jolly. (Gershon, Elissa) (Filed on 1/4/2010) Modified on 1/5/2010 (jlm, COURT STAFF). (Entered: 01/04/2010)

Jan. 4, 2010

Jan. 4, 2010

PACER
83

ORDER by Judge Saundra Brown Armstrong GRANTING 78 Ex Parte Motion for Appointment of Casey Konrai as guardian ad litem for Sumi Konrai (lrc, COURT STAFF) (Filed on 1/12/2010) Modified on 1/13/2010 (jlm, COURT STAFF). (Entered: 01/12/2010)

Jan. 12, 2010

Jan. 12, 2010

PACER
84

ORDER by Judge Saundra Brown Armstrong GRANTING 77 Ex Parte Motion for Appointment of Rozene Dilworth as Guardian Ad Litem for Ronald Bell (lrc, COURT STAFF) (Filed on 1/12/2010) Modified on 1/13/2010 (jlm, COURT STAFF). (Entered: 01/12/2010)

Jan. 12, 2010

Jan. 12, 2010

PACER
85

ORDER by Judge Saundra Brown Armstrong GRANTING 76 Motion for Leave to Proceed in forma pauperis (lrc, COURT STAFF) (Filed on 1/12/2010) Modified on 1/13/2010 (jlm, COURT STAFF). (Entered: 01/12/2010)

Jan. 12, 2010

Jan. 12, 2010

PACER
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). (Entered: 01/12/2010)

Jan. 12, 2010

Jan. 12, 2010

RECAP
87

NOTICE of Appearance of Attorneys H. Su, F. Anthony, and L. White, filed by Lindsay M. White (White, Lindsay) (Filed on 1/15/2010) Modified on 1/19/2010 (jlm, COURT STAFF). (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
88

*** FILED IN ERROR. REFER TO DOCUMENT 122 . *** MOTION to Certify Class filed by Lillie Brantley, Harry Cota, Rozene Dilworth, Gilda Garcia, Linda Gaspard-Berry, Casey Konrai, Chauncey McLorin, Allie Jo Woodard. (Gershon, Elissa) (Filed on 1/19/2010) Modified on 1/21/2010 (feriab, COURT STAFF). (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
89

Proposed Order re 88 Granting Motion for Class Certification by Lillie Brantley, Harry Cota, Rozene Dilworth, Gilda Garcia, Linda Gaspard-Berry, Casey Konrai, Chauncey McLorin, Allie Jo Woodard. (Gershon, Elissa) (Filed on 1/19/2010) Modified on 1/20/2010 (jlm, COURT STAFF). (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
90

MOTION for Preliminary Injunction filed by Lillie Brantley, Harry Cota, Rozene Dilworth, Gilda Garcia, Linda Gaspard-Berry, Casey Konrai, Chauncey McLorin, Allie Jo Woodard. Motion Hearing set for 2/23/2010 01:00 PM in Courtroom 1, 4th Floor, Oakland. (Gershon, Elissa) (Filed on 1/19/2010) (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
91

Proposed Order re 90 Granting Motion for Preliminary Injunction by Lillie Brantley, Harry Cota, Rozene Dilworth, Gilda Garcia, Linda Gaspard-Berry, Casey Konrai, Chauncey McLorin, Allie Jo Woodard. (Gershon, Elissa) (Filed on 1/19/2010) Modified on 1/20/2010 (jlm, COURT STAFF). (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
92

Declaration of Michele Burke in Support of 88 Motion to Certify Class, 90 Motion for Preliminary Injunction filed by Lillie Brantley, Harry Cota, Rozene Dilworth, Gilda Garcia, Linda Gaspard-Berry, Casey Konrai, Chauncey McLorin, Allie Jo Woodard. (Related document(s) 88, 90 ) (Zirker, Elizabeth) (Filed on 1/19/2010) Modified on 1/20/2010 (jlm, COURT STAFF). (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
93

Declaration of Courtney Chinn in Support of 88 Motion to Certify Class, 90 Motion for Preliminary Injunction filed by Lillie Brantley, Harry Cota, Rozene Dilworth, Gilda Garcia, Linda Gaspard-Berry, Casey Konrai, Chauncey McLorin, Allie Jo Woodard. (Related document(s) 88, 90 ) (Zirker, Elizabeth) (Filed on 1/19/2010) Modified on 1/20/2010 (jlm, COURT STAFF). (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
94

Declaration of Harry Cota in Support of 88 Motion to Certify Class, 90 Motion for Preliminary Injunction filed by Lillie Brantley, Harry Cota, Rozene Dilworth, Gilda Garcia, Linda Gaspard-Berry, Casey Konrai, Chauncey McLorin, Allie Jo Woodard. (Related document(s) 88, 90 ) (Zirker, Elizabeth) (Filed on 1/19/2010) Modified on 1/20/2010 (jlm, COURT STAFF). (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
95

Declaration of Catherine Davis in Support of 88 Motion to Certify Class, 90 Motion for Preliminary Injunction filed by Lillie Brantley, Harry Cota, Rozene Dilworth, Gilda Garcia, Linda Gaspard-Berry, Casey Konrai, Chauncey McLorin, Allie Jo Woodard. (Attachments: # 1 Exhibit A to Declaration Cathy Davis, # 2 Exhibit B-to Declaration Cathy Davis)(Related document(s) 88, 90 ) (Zirker, Elizabeth) (Filed on 1/19/2010) Modified on 1/20/2010 (jlm, COURT STAFF). (Entered: 01/19/2010)

1 Exhibit A to Declaration Cathy Davis

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2 Exhibit B-to Declaration Cathy Davis

View on PACER

Jan. 19, 2010

Jan. 19, 2010

PACER

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 18, 2009

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Elderly persons and adults with disabilities who participate in Adult Day Health Care services in CA

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of California, State

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2009 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Government Services