Case: Oster v. Wagner

4:09-cv-04668 | U.S. District Court for the Northern District of California

Filed Date: Oct. 1, 2009

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On October 1, 2009, several disabled individuals requiring in-home support services filed this class action in the U.S. District Court for the Northern District of California against the California Department of Health Care Services and California Department of Social Services. The plaintiffs claimed that the defendants' proposed budget cuts would threaten their ability to remain in the least restrictive settings appropriate, which would have violated the Americans with Disabilities Act, the Me…

On October 1, 2009, several disabled individuals requiring in-home support services filed this class action in the U.S. District Court for the Northern District of California against the California Department of Health Care Services and California Department of Social Services. The plaintiffs claimed that the defendants' proposed budget cuts would threaten their ability to remain in the least restrictive settings appropriate, which would have violated the Americans with Disabilities Act, the Medicaid Act, Title XIX of the Social Security Act, the Rehabilitation Act, and the Medicaid Maintenance of Effort Clause of the American Recovery and Reinvestment Act. They raised these allegations under Fourteenth Amendment Due Process. Represented by attorneys from Disability Rights California and private counsel, the plaintiffs sought injunctive and declaratory relief. The case was originally assigned to Magistrate Judge Joseph C. Spero and then reassigned to Judge Claudia Wilken.

Due to budget cuts, the defendants planned on cutting funds for In-Home Supportive Services (IHSS). The IHSS program enabled aged, blind, and disabled poor to avoid institutionalization because they could remain in their homes with proper supportive services. Seniors with disabilities utilized IHSS services to avoid living in more costly nursing homes. But the defendants had scheduled the statewide budget cuts to occur on November 1, 2009. These cuts to programs would cause immediate and irreparable harm to over 130,000 people with disabilities, according to the plaintiffs, by depriving them of services that would keep them in the least restrictive setting appropriate, putting them at risk of unnecessary institutionalization. The plaintiffs claimed that because of these consequences, the cuts violated the Americans with Disabilities Act under the 1999 Supreme Court precedent, Olmstead v. L.C.

In the first month of this case, the plaintiffs addressed the defendants’ plans to mail notices that IHSS benefits had been reduced or terminated. The plaintiffs filed several motions for temporary restraining orders and preliminary injunctions. The plaintiffs claimed that the defendants failed to provide adequate notice and opportunity to be heard prior to depriving the plaintiffs of necessary IHSS services, thus violating due process, as well as the Medicaid Act's notice and hearing provisions. Separate injunctions to halt mailing of these notices were granted on October 14 and October 23. The judge ruled that California could not proceed with cutting funding that would so greatly affect a large number of people with disabilities in California. On October 23, 2009, the Court prohibited the defendants from delaying benefits payments to IHSS providers, even if the defendants had planned on terminating their eligibility. The defendants appealed the order to the Ninth Circuit Court of Appeals (09-17581). The case was deferred pending the United States Supreme Court’s decision in the consolidated appeals of several other cases in the Ninth Circuit, all of which also involved beneficiaries seeking to enjoin the California Department of Health Care Services from implementing state legislation reducing payments to certain medical service providers. (Maxwell-Jolly v. Indep. Living Ctr., 572 F.3D 644; Maxwell-Jolly v. Calif. Pharmacists Ass'n, 2010 WL 737650; Maxwell-Jolly v. Santa Rose Mem. Hosp., 2010 WL 2124276; certiorari granted, 2011 WL 134272). 504 Fed.Appx. 555.

On January 5, 2010, the plaintiffs filed a second amended complaint adding another individual plaintiff. The defendants filed a motion to dismiss on February 2, claiming that the plaintiffs lacked standing to bring the action, that several of their claims for relief failed to state a claim upon which relief could be granted, and that their claim for damages was barred by Eleventh Amendment state immunity. On April 23, 2010, the parties stipulated to stay all district court proceedings pending the resolution of the defendants’ appeal of the injunction.

While the preliminary injunction was in place pending the outcome of the appeal, the California legislature re-wrote the applicable statutes to modify the IHSS coverage formula. Signed by the Governor on June 30, 2011, SB 73 aimed to reduce all IHSS hours by 20%. The new regime would contain a number of exemptions and provide recipients with an opportunity to request additional service hours in light of the across-the-board reductions. SB 73 was set to take effect on January 1, 2012.

On December 1, 2011, the plaintiffs filed a new motion for a temporary restraining order and preliminary injunction in light of the legislation. They also amended their complaint to add four more plaintiffs and remove one of the original plaintiffs, and submitted a motion to certify the class. The judge granted the TRO, which the defendants again appealed to the Ninth Circuit Court of Appeals (12-15366) on February 22, 2012. On March 2, 2012, the judge granted the injunction to enjoin implementation of SB 73. The court also certified a class of "all recipients of IHSS in the State of California whose IHSS services will be limited, cut, or terminated due to the budget cuts, and all applicants to IHSS in the State of California who would have been eligible for IHSS services but who are either not eligible, or are eligible for fewer services, as a result of the budget cuts."

In the meantime, the United States submitted a statement of interest because the litigation implicated the proper interpretation and application the ADA's integration mandate under Title II.

On January 7, 2013, the defendants’ first appeal to the Ninth Circuit (09-17581) was dismissed and remanded back to the district court. The court held that the claim was moot—it no longer presented a "live controversy" amenable to federal court adjudication because it could no longer grant effective relief in light of California's suspension statute.

In March 2013, the parties submitted a joint status report with a proposed class action settlement, which was approved on May 23, 2013. The settlement prevented the planned permanent 20% cut and replaced it with smaller temporary reductions. Following the California legislature's action on these changes, the parties moved jointly on August 7, 2013 to dismiss the case and pending appeals, including a second appeal to the Ninth Circuit (12-15366). In an order filed September 3, 2014, Judge Wilken approved a modification to the settlement agreement submitted by both parties: they agreed to cooperate on legislation that would authorize an assessment of home care services as well as subsequent submission of the assessment to the Centers for Medicare and Medicaid Services (CMS) for approval. We do not have information about how CMS proceeded on the assessment. The parties agreed that the district court would retain jurisdiction for 30 months after the date of CMS approval or disapproval of the assessment. The parties agreed to return to the district court if there were problems with this process. The 2015 California state budget, SB 97, eliminated the remaining 7% cut to IHSS services from July 1, 2015 to June 30, 2016.

There was no further activity in the court after the September 3, 2014 order and the case is now closed.

Summary Authors

Beth Kurtz (4/12/2013)

Kate Craddock (10/29/2015)

Esther Vinarov (11/8/2018)

Related Cases

Dominguez v. Schwarzenegger, Northern District of California (2009)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5870652/parties/oster-v-wagner/


Judge(s)

White, Jeffrey Steven (California)

Wilken, Claudia Ann (California)

Attorneys(s) for Plaintiff

Berzon, Stephen P. (California)

Bird, Melinda R. (California)

Branch, Sujatha Jagadeesh (California)

Cervantez, Eve Hedy (California)

Coursolle, Abigail K. (California)

Dorfman, Deborah A. (Washington)

Gershon, Elissa Staci (California)

Leyton, Stacey M. (California)

Judge(s)

White, Jeffrey Steven (California)

Wilken, Claudia Ann (California)

Attorneys(s) for Plaintiff

Berzon, Stephen P. (California)

Bird, Melinda R. (California)

Branch, Sujatha Jagadeesh (California)

Cervantez, Eve Hedy (California)

Coursolle, Abigail K. (California)

Dorfman, Deborah A. (Washington)

Gershon, Elissa Staci (California)

Leyton, Stacey M. (California)

Menasche, Ann Esther (California)

Nisen, Frederick P. (California)

Parks, Shawna L (California)

Pearlman, Paula D. (California)

Perkins, Jane (North Carolina)

Pham, Jung (California)

Rich, Anna Margaret (California)

Roberts, Casey A. (California)

Schur, Dara L. (California)

Thoreen, Peder J. (California)

Wolfinger, Charles (California)

Zwillinger, Rachel J. (California)

Attorneys(s) for Defendant

Brown, Gregory David (California)

Carson, Susan (California)

Elias, Nimrod P (California)

Schwartz, Karin S. (California)

Sondheimer, Joshua N. (California)

Zwibelman, Michael A. (District of Columbia)

Other Attorney(s)

Barkoff, Alison (District of Columbia)

Deiss, Ila Casy (California)

England, Travis W (District of Columbia)

Haag, Melinda (District of Columbia)

Hill, Eve L. (District of Columbia)

Nichol, Allison (District of Columbia)

Perez, Thomas E. (District of Columbia)

Swanson, Joann M. (California)

Wohlenhaus, Renee M. (District of Columbia)

Expert/Monitor/Master

Holle, Marilyn (California)

Documents in the Clearinghouse

Document

4:09-cv-04668

Docket

V.L. v. Wagner

Sept. 3, 2014

Sept. 3, 2014

Docket
1

4:09-cv-04668

CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

V.L. v. Wagner

Oct. 1, 2009

Oct. 1, 2009

Complaint
17

4:09-cv-04668

Amended Class Action Complaint for Injunctive and Declaratory Relief

V.L. v. Wagner

Oct. 5, 2009

Oct. 5, 2009

Complaint
169

4:09-cv-04668

DEFENDANTS’ REQUEST FOR RECONSIDERATION OF OCTOBER 14, 2009 ORDER GRANTING EMERGENCY TEMPORARY RESTRAINING ORDER

V.L. v. Wagner

Oct. 5, 2009

Oct. 5, 2009

Pleading / Motion / Brief
20

4:09-cv-04668

PLAINTIFFS’ NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT

V.L. v. Wagner

Oct. 5, 2009

Oct. 5, 2009

Pleading / Motion / Brief
16

4:09-cv-04668

NOTICE OF MOTION AND MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

V.L. v. Wagner

Oct. 5, 2009

Oct. 5, 2009

Pleading / Motion / Brief
92

4:09-cv-04668

PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ ADMINISTRATIVE MOTION PURSUANT TO LOCAL RULE 7-11 TO CONDUCT LIMITED DISCOVERY OF NAMED PLAINTIFFS

V.L. v. Wagner

Oct. 6, 2009

Oct. 6, 2009

Pleading / Motion / Brief
94

4:09-cv-04668

ORDER (1) GRANTING MOTION TO HEAR PRELIMINARY INJUNCTION MOTION ON SHORTENED TIME; (2) SETTING BRIEFING SCHEDULE; AND (3) DENYING DEFENDANTS’ MOTION FOR EXPEDITED DISCOVERY

V.L. v. Wagner

Oct. 6, 2009

Oct. 6, 2009

Order/Opinion
105

4:09-cv-04668

OPPOSITION TO DEFENDANTS' REQUEST FOR RECONSIDERATION OF OCTOBER 7, 2009 ORDER RE BRIEFING SCHEDULE AND HEARING DATE

V.L. v. Wagner

Oct. 7, 2009

Oct. 7, 2009

Pleading / Motion / Brief
110

4:09-cv-04668

ORDER DENYING CALIFORNIA STATE DEFENDANTS’ REQUEST FOR RECONSIDERATION OF OCTOBER 7, 2009 ORDER RE BRIEFING SCHEDULE AND HEARING DATE

V.L. v. Wagner

Oct. 9, 2009

Oct. 9, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5870652/oster-v-wagner/

Last updated Aug. 2, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
94

ORDER by Judge Jeffrey S. White denying 14 Motion ; granting 19 Motion to Shorten Time; granting 86 Motion for Leave to File Excess Pages (jswlc1, COURT STAFF) (Filed on 10/6/2009)

Oct. 6, 2009

Oct. 6, 2009

RECAP
1

CLASS ACTION COMPLAINT for Injunctive and Declaratory Relief against California Department of Health Care Services, California Department of Social Services, David Maxwell − Jolly, John Wagner (Filing fee $ 350.00, receipt number 34611037258). Filed by V.L., Willie Beatrice Sheppard, California United Homecare Workers, C.R., SEIU California State Council, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO, SEIU Local 521, Service Employees International Union United Health Care Workers West, David Oster, SEIU United Long − Term Care Workers. (gba, COURT STAFF) (Filed on 10/1/2009) (Additional attachment(s) added on 10/2/2009: # 1 Civil Cover Sheet) (gba, COURT STAFF). (Entered: 10/02/2009)

Oct. 1, 2009

Oct. 1, 2009

2

Notice of Ex Parte Application and Application to File Under Seal filed by C.R., David Oster, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, Willie Beatrice Sheppard, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO, V.L.. (gba, COURT STAFF) (Filed on 10/1/2009) (gba, COURT STAFF). (Entered: 10/02/2009)

Oct. 1, 2009

Oct. 1, 2009

100

ORDER re 94 RE BRIEFING SCHEDULE AND HEARING DATE. Motion Hearing set for 10/19/2009 10:00 AM.. Signed by Judge Claudia Wilken on 10/7/09. (scc, COURT STAFF) (Filed on 10/7/2009)

Oct. 7, 2009

Oct. 7, 2009

RECAP
178

ORDER granting Ex Parte Application to Proceed Under Fictitious Names. Signed by Judge Claudia Wilken on 10/19/09. (scc, COURT STAFF) (Filed on 10/19/2009)

Oct. 19, 2009

Oct. 19, 2009

RECAP
3

Proposed Order granting plaintiff V.L.'s and C.R. Exparte Application to Proceed Under Fictitious names by C.R., California United Homecare Workers, David Oster, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, Willie Beatrice Sheppard, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO, V.L.. (gba, COURT STAFF) (Filed on 10/1/2009) (gba, COURT STAFF). (Entered: 10/02/2009)

Oct. 1, 2009

Oct. 1, 2009

4

Proposed Order granting plaintiff C.R.'s Exparte Application for Appointment of Michelle Rivera as Guardian Ad Litem by C.R., California United Homecare Workers, David Oster, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, Willie Beatrice Sheppard, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO, V.L.. (gba, COURT STAFF) (Filed on 10/1/2009) (gba, COURT STAFF). (Entered: 10/02/2009)

Oct. 1, 2009

Oct. 1, 2009

179

ORDER granting Ex Parte Appointment of Guardian Ad Litem for Plaintiff C.R. Signed by Judge Claudia Wilken on 10/19/09. (scc, COURT STAFF) (Filed on 10/19/2009)

Oct. 19, 2009

Oct. 19, 2009

RECAP
5

Proposed Order granting plaintiff V.L.'s Ex Parte Application of Nancy Lagahid as Guardian Ad Litem by C.R., California United Homecare Workers, David Oster, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, Willie Beatrice Sheppard, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO, V.L.. (gba, COURT STAFF) (Filed on 10/1/2009) (gba, COURT STAFF). (Entered: 10/02/2009)

Oct. 1, 2009

Oct. 1, 2009

180

ORDER granting ex parte application and ex parte appointment of guardian ad litem cor V.L. Signed by Judge Claudia Wilken on 10/19/09. (scc, COURT STAFF) (Filed on 10/19/2009)

Oct. 19, 2009

Oct. 19, 2009

RECAP
198

ORDER by Judge Claudia Wilken granting 16 MOTION Preliminary Injunction; denying without prejudice 20 Motion to Certify Class; denying 169 Motion for Reconsideration; (scc, COURT STAFF) (Filed on 10/23/2009)

Oct. 23, 2009

Oct. 23, 2009

RECAP
6

Proposed Order granting Motion of plaintiffs to File Petition for Appointment of Guardian Ad Litem of Minor to Prosecute Action and Ex Parte Application to Proceed Under a Fictitious Name Under Seal by C.R., California United Homecare Workers, David Oster, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, Willie Beatrice Sheppard, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO, V.L.. (gba, COURT STAFF) (Filed on 10/1/2009) (gba, COURT STAFF). (Entered: 10/02/2009)

Oct. 1, 2009

Oct. 1, 2009

7

Certificate of Interested Entities or Persons by C.R., California United Homecare Workers, David Oster, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, Willie Beatrice Sheppard, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO, V.L. (gba, COURT STAFF) (Filed on 10/1/2009) (gba, COURT STAFF). (Entered: 10/02/2009)

Oct. 1, 2009

Oct. 1, 2009

201

ORDER re 199 granting STIPULATION Re: Notices. Signed by Judge Claudia Wilken on 10/27/09. (scc, COURT STAFF) (Filed on 10/27/2009)

Oct. 27, 2009

Oct. 27, 2009

RECAP
226

ORDER re 219 GRANTING AS MODIFIED STIPULATION to Revise Hearing Date and Briefing Schedule. Signed by Judge CLAUDIA WILKEN on 11/18/09. (scc, COURT STAFF) (Filed on 11/18/2009)

Nov. 18, 2009

Nov. 18, 2009

RECAP
9

Declination to Proceed Before a U.S. Magistrate Judge by C.R., California United Homecare Workers, David Oster, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, Willie Beatrice Sheppard, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO, V.L.. (gba, COURT STAFF) (Filed on 10/1/2009) (gba, COURT STAFF). (Entered: 10/02/2009)

Oct. 1, 2009

Oct. 1, 2009

248

ORDER by Judge Claudia Wilken granting in part 206 Plaintiffs' Motion for Civil Contempt Sanctions and Enforcing the Injunction (cwlc3, COURT STAFF) (Filed on 11/25/2009)

Nov. 25, 2009

Nov. 25, 2009

RECAP
10

ADR SCHEDULING ORDER: Case Management Statement due by 1/4/2010. Case Management Conference set for 1/8/2010 01:30 PM in Courtroom A, 15th Floor, San Francisco. (gba, COURT STAFF) (Filed on 10/1/2009) (gba, COURT STAFF). (Entered: 10/02/2009)

Oct. 1, 2009

Oct. 1, 2009

257

ORDER On Supplemental Notice to Counties Re: Provider Time-Cards For Hours Worked in November, 2009. Signed by Judge Claudia Wilken on 11/30/09. (cwlc3, COURT STAFF) (Filed on 11/30/2009)

Nov. 30, 2009

Nov. 30, 2009

RECAP

CASE DESIGNATED for Electronic Filing. (gba, COURT STAFF) (Filed on 10/1/2009) (Entered: 10/02/2009)

Oct. 1, 2009

Oct. 1, 2009

Received Plaintiffs V.L. and C.R.'s Notice of Ex Parte Application and Ex Parte Application to Proceed Under Fictitious Names; Declaration of Frederick Nisen in support of Plaintiffs' Ex Parte Application to Proceed Under Fictitious Names by C.R., California United Homecare Workers, David Oster, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, Willie Beatrice Sheppard, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO, V.L.. DOCUMENT SUBMITTED UNDER SEAL (gba, COURT STAFF) (Filed on 10/1/2009) (Entered: 10/02/2009)

Oct. 1, 2009

Oct. 1, 2009

279

ORDER re 278 GRANTING AS MODIFIED STIPULATION {1} Granting Plaintiffs Leave to File Second Amended Complaint; {2} Setting Briefing Schedule for Defendants' Motion to Dismiss Second Amended Complaint; and {3} Withdrawing Defendants' Motion to Dismiss First Amended Complaint. Plaintiffs shall file the second amended complaint forthwith.. Signed by Judge CLAUDIA WILKEN on 12/30/09. (scc, COURT STAFF) (Filed on 12/30/2009)

Dec. 30, 2009

Dec. 30, 2009

RECAP
298

ORDER re 297 Granting Stipulation Continuing Case Management Conference to May 4, 2010. Initial Case Management Conference set for 5/4/2010 02:00 PM.Signed by Judge Claudia Wilken on 04/07/2010. (scc, COURT STAFF) (Filed on 4/7/2010)

April 7, 2010

April 7, 2010

RECAP

Received plaintiff C.R.'s Notice of Ex Parte Application and Ex Parte Appointment of Guardian Ad Litem; Memorandum of Points and Authorities in support of plaintiff's ex parte application for appointment of guardian ad litem for plaintiff C.R.; declaration of Michelle Rivera re: application for guardian ad litem by C.R., David Oster, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, Willie Beatrice Sheppard, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO, V.L.. DOCUMENT SUBMITTED UNDER SEAL (gba, COURT STAFF) (Filed on 10/1/2009) (Entered: 10/02/2009)

Oct. 1, 2009

Oct. 1, 2009

Received notice of ex parte application and ex parte appointment of guardian ad litem; memorandum of points and authorities in support of plaintiff's ex parte application for appointment of guardian ad litem for plaintiff V.L.; declaration of Nancy Lagahid re: application for guardian ad litem by C.R., California United Homecare Workers, David Oster, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, Willie Beatrice Sheppard, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO, V.L.. DOCUMENT SUBMITTED UNDER SEAL (gba, COURT STAFF) (Filed on 10/1/2009) (Entered: 10/02/2009)

Oct. 1, 2009

Oct. 1, 2009

303

ORDER re 300 Granting Stipulation 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) Modified on 5/5/2010 (cp, COURT STAFF).

May 4, 2010

May 4, 2010

RECAP
308

ORDER re 307 Granting Stipulation CONTINUING THE FURTHER CASE MANAGEMENT CONFERENCE PENDING RESOLUTION OF DEFENDANTS PRELIMINARY INJUNCTION APPEAL IN THE NINTH CIRCUIT. Case Management Statement due by 11/2/2010. Case Management Conference set for 11/9/2010 02:00 PM. Signed by Judge Claudia Wilken on 9/9/2010. (ndr, COURT STAFF) (Filed on 9/9/2010)

Sept. 9, 2010

Sept. 9, 2010

RECAP
189

MOTION to Appoint guardian ad litem for plaintiff C.R. filed by C.R.. (cp, COURT STAFF) (Filed on 10/1/2009) ***FILED UNDER SEAL*** (Entered: 10/21/2009)

Oct. 1, 2009

Oct. 1, 2009

310

ORDER re 309 Granting Stipulation CONTINUING THE FURTHER CASE MANAGEMENT CONFERENCE PENDING RESOLUTION OF DEFENDANTS PRELIMINARY INJUNCTION APPEAL IN THE NINTH CIRCUIT. Case Management Statement due by 2/1/2011. Case Management Conference set for 2/8/2011 02:00 PM. Signed by Judge Claudia Wilken on 11/2/2010. (ndr, COURT STAFF) (Filed on 11/2/2010)

Nov. 2, 2010

Nov. 2, 2010

RECAP
190

MOTION to Appoint guardian ad Litem for plaintiff V.L. filed by V.L.. (cp, COURT STAFF) (Filed on 10/1/2009) ***FILED UNDER SEAL*** (Entered: 10/21/2009)

Oct. 1, 2009

Oct. 1, 2009

191

MOTION to proceed under fictitious names filed by C.R., V.L.. (cp, COURT STAFF) (Filed on 10/1/2009) ***FILED UNDER SEAL***

Oct. 1, 2009

Oct. 1, 2009

313

ORDER Granting 312 Stipulation TO CONTINUE CASE MANAGEMENT CONFERENCE TO APRIL 12, 2011. Case Management Statement due by 4/5/2011. Case Management Conference set for 4/12/2011 02:00 PM. Signed by Judge Claudia Wilken on 2/3/2011. (ndr, COURT STAFF) (Filed on 2/3/2011)

Feb. 3, 2011

Feb. 3, 2011

RECAP
315

ORDER Granting 314 Stipulation CONTINUING THE FURTHER CASE MANAGEMENT CONFERENCE PENDING RESOLUTION OF DEFENDANTS' PRELIMINARY INJUNCTION APPEAL IN THE 9TH CIRCUIT. Case Management Statement due by 9/6/2011. Case Management Conference set for 9/13/2011 02:00 PM. Signed by Judge Claudia Wilken on 4/6/2011. (ndr, COURT STAFF) (Filed on 4/6/2011)

April 6, 2011

April 6, 2011

RECAP
12

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Jeffrey S. White for all further proceedings. Judge Magistrate Judge Joseph C. Spero no longer assigned to the case. Signed by Executive Committee on 10/2/09. (mab, COURT STAFF) (Filed on 10/2/2009) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

317

ORDER Granting 316 Stipulation Continuing the Further Case Management Conference pending Resolution of Defendants' Preliminary Injunction Appeal in the Ninth Circuit. Case Management Statement due by 4/3/2012. Case Management Conference set for 4/10/2012 02:00 PM. Signed by Judge Claudia Wilken on 9/7/2011. (ndr, COURT STAFF) (Filed on 9/7/2011)

Sept. 7, 2011

Sept. 7, 2011

RECAP
13

CERTIFICATE OF SERVICE by California United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO re 9 Declination to Proceed Before a U.S. Magistrate Judge, (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

14

MOTION DEFENDANTS ADMINISTRATIVE MOTION PURSUANT TO LOCAL RULE 7 − 11 TO CONDUCT LIMITED DISCOVERY OF THE INDIVIDUAL NAMED PLAINTIFFS filed by California Department of Health Care Services, California Department of Social Services, David Maxwell − Jolly, John Wagner. (Attachments: # 1 Declaration of Susan M. Carson in Support of Defendants Administrative Motion to Conduct Limited Discovery of Individual Named Plaintiffs, # 2 Proposed Order, # 3 Proof of Service)(Brown, Gregory) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

417

ORDER by Judge Claudia Wilken granting 323 Motion for Leave to File; granting 326 Motion to Shorten Time; granting 328 Motion for TRO (cwlc3, COURT STAFF) (Filed on 12/1/2011)

Dec. 1, 2011

Dec. 1, 2011

RECAP
418

ORDER by Judge Claudia Wilken Granting 332 PLAINTIFFS MOTION FOR ADMINISTRATIVE RELIEF TO EXCEED PAGE LIMITATION FOR OPENING BRIEF IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDERnt (ndr, COURT STAFF) (Filed on 12/1/2011)

Dec. 1, 2011

Dec. 1, 2011

RECAP
15

NOTICE by California Department of Health Care Services, California Department of Social Services, David Maxwell − Jolly, John Wagner NOTICE OF REPRESENATION (Attachments: # 1 Proof of Service)(Carson, Susan) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

16

MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed by California United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. Motion Hearing set for 10/16/2009 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

426

ORDER GRANTING PLAINTIFFS' EX PARTE MOTION TO SHORTEN TIME FOR MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT, Docket No. 326.. Signed by Judge Claudia Wilken on 12/6/2011. (cwlc3, COURT STAFF) (Filed on 12/6/2011)

Dec. 6, 2011

Dec. 6, 2011

RECAP
17

AMENDED COMPLAINT Amended Class Action Complaint for Injunctive and Declaratory Relief against California Department of Health Care Services, California Department of Social Services, David Maxwell − Jolly, John Wagner. Filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO, Service Employees International Union United Health Care Workers West, SEIU United Long − Term Care Workers. (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

427

ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT, Docket Number 323.. Signed by Judge Claudia Wilken on 12/6/2011. (cwlc3, COURT STAFF) (Filed on 12/6/2011)

Dec. 6, 2011

Dec. 6, 2011

RECAP
429

ORDER GRANTING PLAINTIFF L.C.'S EX PARTE APPLICATION FOR APPOINTMENT OF M.G. AS GUARDIAN AD LITEM. Signed by Judge Claudia Wilken on 12/6/2011. (cwlc3, COURT STAFF) (Filed on 12/6/2011)

Dec. 6, 2011

Dec. 6, 2011

RECAP
18

Request for Judicial Notice re 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

19

MOTION to Shorten Time Ex Parte Application for Order Shortening Time for Motions for a Preliminary Injunction and for Class Certification or, in the Alternative, for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue filed by California United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. Motion Hearing set for 10/16/2009 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (Leyton,

Oct. 5, 2009

Oct. 5, 2009

433

ORDER DENYING PLAINTIFFS' 419 EX PARTE MOTION TO SHORTEN TIME FOR 356 MOTION FOR CLASS CERTIFICATION. 356 MOTION to Certify Class set for 1/5/2012 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 12/7/2011. (ndr, COURT STAFF) (Filed on 12/7/2011)

Dec. 7, 2011

Dec. 7, 2011

RECAP
21

Proposed Order re 20 MOTION to Certify Class, 19 MOTION to Shorten Time Ex Parte Application for Order Shortening Time for Motions for a Preliminary Injunction and for Class Certification or, in the Alternative, for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Sh by California United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

438

ORDER GRANTING IN PART PLAINTIFFS' 435 ADMINISTRATIVE MOTION FOR RELIEF FROM SCHEDULING ORDER. Set/Reset Deadlines as to 356 MOTION to Certify Class Responses due by 12/15/2011. Replies due by 12/22/2011. Motion Hearing set for 1/19/2012 02:00 PM before Hon. Claudia Wilken. Responses due by 12/23/2011. Replies due by 1/9/2012. Preliminary Injunction Hearing set for 1/19/2012 02:00 PM. Signed by Judge Claudia Wilken on 12/13/2011. (ndr, COURT STAFF) (Filed on 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

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443

ORDER by Judge Claudia Wilken Granting 440 Motion for Leave to File Excess Pages (ndr, COURT STAFF) (Filed on 12/23/2011)

Dec. 23, 2011

Dec. 23, 2011

RECAP
22

Proposed Order re 20 MOTION to Certify Class by C.R., David Oster, Willie Beatrice Sheppard, V.L.. (Branch, Sujatha) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

505

ORDER by Judge Claudia Wilken granting 356 Motion to Certify Class (cwlc3, COURT STAFF) (Filed on 3/2/2012)

March 2, 2012

March 2, 2012

RECAP
23

Proposed Order re 19 MOTION to Shorten Time Ex Parte Application for Order Shortening Time for Motions for a Preliminary Injunction and for Class Certification or, in the Alternative, for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Sh [Proposed] Order Granting Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Issue by California United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

24

Declaration of Dara Schur in Support of 20 MOTION to Certify Class filed byC.R., David Oster, Willie Beatrice Sheppard, V.L.. (Attachments: # 1 Exhibit Exhibits 1 − 7 CVs)(Related document(s) 20 ) (Branch, Sujatha) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

506

ORDER GRANTING PLAINTIFFS' REQUEST FOR A PRELIMINARY INJUNCTION (Docket No. 328). Signed by Judge Claudia Wilken on March 2, 2012. (cwlc3, COURT STAFF) (Filed on 3/2/2012)

March 2, 2012

March 2, 2012

RECAP
25

Declaration of Melinda Bird in Support of 19 MOTION to Shorten Time Ex Parte Application for Order Shortening Time for Motions for a Preliminary Injunction and for Class Certification or, in the Alternative, for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Sh filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 19 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

507

PRELIMINARY INJUNCTION. Signed by Judge Claudia Wilken on March 2, 2012. (cwlc3, COURT STAFF) (Filed on 3/2/2012)

March 2, 2012

March 2, 2012

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514

ORDER by Judge Claudia Wilken DENYING WITHOUT PREJUDICE PLAINTIFFS 273 MOTION FOR ATTORNEYS FEES. (ndr, COURT STAFF) (Filed on 4/9/2012)

April 9, 2012

April 9, 2012

RECAP
26

Declaration of Anna Rich in Support of 20 MOTION to Certify Class filed byC.R., David Oster, Willie Beatrice Sheppard, V.L.. (Related document(s) 20 ) (Branch, Sujatha) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

515

CORRECTION TO MARCH 2, 2012 505 ORDER GRANTING PLAINTIFFS MOTION FOR CLASS CERTIFICATION ORDER. Signed by Judge Claudia Wilken on 5/4/2012. (ndr, COURT STAFF) (Filed on 5/4/2012)

May 4, 2012

May 4, 2012

RECAP
27

Declaration of Charles Wolfinger in Support of 20 MOTION to Certify Class filed byC.R., David Oster, Willie Beatrice Sheppard, V.L.. (Related document(s) 20 ) (Branch, Sujatha) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

518

ORDER by Judge Claudia Wilken Granting 516 Stipulation CONTINUING THE FURTHER CASE MANAGEMENT CONFERENCE PENDING RESOLUTION OF DEFENDANTS PRELIMINARY INJUNCTION APPEALS IN THE NINTH CIRCUIT. (ndr, COURT STAFF) (Filed on 7/19/2012)

July 19, 2012

July 19, 2012

RECAP
28

Proposed Order re 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof [Proposed] Preliminary Injunction Order by California United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

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)

Oct. 17, 2012

Oct. 17, 2012

RECAP
29

Declaration of Jane Perkins in Support of 20 MOTION to Certify Class filed byC.R., David Oster, Willie Beatrice Sheppard, V.L.. (Related document(s) 20 ) (Branch, Sujatha) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

523

ORDER DIRECTING PARTIES TO FILE A STATUS REPORT. Signed by Judge Claudia Wilken on 3/20/2013. (ndr, COURT STAFF) (Filed on 3/20/2013)

March 20, 2013

March 20, 2013

RECAP
30

Declaration of Shawna Parks in Support of 20 MOTION to Certify Class filed byC.R., David Oster, Willie Beatrice Sheppard, V.L.. (Related document(s) 20 ) (Branch, Sujatha) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

32

Declaration of Emily Marshall in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

525

ORDER by Judge Claudia Wilken Granting 524 Stipulation and proposed order setting briefing and hearing schedule for preliminary approval of class action settlement. (ndr, COURT STAFF) (Filed on 3/28/2013)

March 28, 2013

March 28, 2013

RECAP
33

Declaration of Nicole Taggares in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

530

ORDER by Judge Claudia Wilken Granting 526 Motion for Preliminary Approval of Class Settlement Agreement, and for an Order Directing Notice to the Class and Scheduling a Fairness Hearing. (ndr, COURT STAFF) (Filed on 4/4/2013)

April 4, 2013

April 4, 2013

RECAP
34

*** PLEASE REFER TO DOCUMENT 99 . *** Declaration of Nancy Lagahid in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) Modified on 10/6/2009 (ewn, COURT STAFF). (cp, COURT STAFF). (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

538

ORDER by Judge Claudia Wilken Granting 534 Final Approval of Class Settlement Agreement. (ndr, COURT STAFF) (Filed on 5/23/2013)

May 23, 2013

May 23, 2013

RECAP
35

Declaration of David Oster in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

542

ORDER by Judge Claudia Wilken Granting 541 Stipulation for Dismissal. (Attachments: # 1 Exhibit A) (ndr, COURT STAFF) (Filed on 8/7/2013)

1 Exhibit A

View on PACER

Aug. 7, 2013

Aug. 7, 2013

RECAP
36

Declaration of Julia Medina in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

37

Declaration of Willie Beatrice Sheppard in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

39

Declaration of Dotty Jones in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

40

*** PLEASE REFER TO DOCUMENT 91 . *** EXHIBITS re 35 Declaration in Support,, Exhibit A to Oster Declaration filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 35 ) (Leyton, Stacey) (Filed on 10/5/2009) Modified on 10/6/2009 (feriab, COURT STAFF). Modified on 10/6/2009 (feriab, COURT STAFF). (cp, COURT STAFF). Modified on 10/16/2009 (cp, COURT STAFF). Modified on 10/16/2009 (cp, COURT STAFF). (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

41

*** PLEASE REFER TO DOCUMENT 93 . *** EXHIBITS re 38 Declaration in Support,, Exhibit A to Rivera Declaration filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 38 ) (Leyton, Stacey) (Filed on 10/5/2009) Modified on 10/6/2009 (feriab, COURT STAFF). Modified on 10/6/2009 (feriab, COURT STAFF). Modified on 10/16/2009 (cp, COURT STAFF). (cp, COURT STAFF). Modified on 10/16/2009 (cp, COURT STAFF). (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

42

Declaration of Gerald Aho in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

43

Declaration of Juanita Anderson in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

44

Declaration of Feel Good in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

46

Declaration of Jeremy Brent in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

47

Declaration of Joyce Canann in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

48

Declaration of Lisa Brown in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

49

Declaration of Kerie Lee Campbell in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

50

Declaration of F.H. in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

51

Declaration of Wendy Leon in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

52

Declaration of Andrea Hylton in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

53

Declaration of Susan Oeland in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

54

Declaration of Gary Jansen in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

55

Declaration of Sandra Leiva in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

56

Declaration of Richard Mandell in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

57

Declaration of Joyce McHenry in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

58

Declaration of Monica Reeder in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

59

Declaration of Larry Wilson in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed

Oct. 5, 2009

Oct. 5, 2009

61

Declaration of Gregory Addison in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

62

Declaration of Dr. David Altman in Support of 16 MOTION for Temporary Restraining Order Notice of Motion and Motion for Temporary Restraining Order and/or Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed byCalifornia United Homecare Workers, SEIU California State Council, SEIU Local 521, SEIU United Long − Term Care Workers, Service Employees International Union United Health Care Workers West, United Domestic Workers of America, AFSCME, Local 3930, AFL − CIO. (Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 1, 2009

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Over 130,000 low-income seniors and other people with disabilities in California, threatened with the loss of critical In-Home Supportive Services (IHSS) that enable them to remain safely in their homes.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Department of Social Services, California Department of Health Care Services, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

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

U.S. Supreme Court merits 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 - 2015

Content of Injunction:

Preliminary relief granted

Reasonable Accommodation

Issues

General:

Classification / placement

Deinstitutionalization/decarceration

Discharge & termination plans

Payment for care

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Reasonable Accommodations

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Benefit Source:

Medicaid