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 attorneys, see: https://www.courtlistener.com/docket/5870652/parties/oster-v-wagner/

Judge(s)
Attorney for Plaintiff

Berzon, Stephen P. (California)

Bird, Melinda R. (California)

Branch, Sujatha Jagadeesh (California)

Attorney for Defendant

Brown, Gregory David (California)

Expert/Monitor/Master/Other

Barkoff, Alison (District of Columbia)

show all people

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
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
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
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 April 6, 2025, 4:11 p.m.

ECF Number Description Date Link Date / Link
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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

63

Declaration of Margaret Baran 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

64

Declaration of Donna Calame 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

65

Declaration of Lee Collins 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

66

Declaration of Paul Castro 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

68

Declaration of Mary Drass 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

69

Declaration of Tania Figueroa 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

70

Declaration of Dr. William Gardner 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. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

71

Declaration of Evie Goldberg 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

72

Declaration of Simon Golledge 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

73

Declaration of Ann Guerra 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

74

Declaration of David Hathaway 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 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

75

Declaration of Thomas Hill 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

76

Declaration of Shirley Ann Hoffacker 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

77

Declaration of Dionne Jimenez 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. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D1, # 6 Exhibit D2)(Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

78

Declaration of Diane Kaljian 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

79

Declaration of Lillibeth Navarro 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

80

Declaration of Anthony Nicco 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

81

Declaration of Mark Polit 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. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

82

Declaration of John Schnelle 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. (Attachments: # 1 Exhibit A)(Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

83

Declaration of Melissa Syropiatko 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

84

Declaration of Norma Vescovo 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

85

Declaration of Mitchell LaPlante 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. (Attachments: # 1 Exhibit A)(Related document(s) 16 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

86

MOTION for Leave to File Excess Pages Plaintiffs' Motion for Administrative Relief to Exceed Page Limitation for Opening Brief in Support of Temporary Restraining Order or Preliminary Injunction 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. (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

87

Declaration of Stacey M. Leyton in Support of 86 MOTION for Leave to File Excess Pages Plaintiffs' Motion for Administrative Relief to Exceed Page Limitation for Opening Brief in Support of Temporary Restraining Order or Preliminary Injunction 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) 86 ) (Leyton, Stacey) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

88

Proposed Order re 86 MOTION for Leave to File Excess Pages Plaintiffs' Motion for Administrative Relief to Exceed Page Limitation for Opening Brief in Support of Temporary Restraining Order or Preliminary Injunction 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

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
90

Declaration of Stacey M. Leyton 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 10/6/2009) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

91

*** PLEASE REFER TO DOCUMENT 101 . *** EXHIBITS re 35 Declaration in Support,, CORRECTION OF DOCKET # 40 . 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 10/6/2009) Modified on 10/7/2009 (ewn, COURT STAFF). Modified on 10/7/2009 (feriab, COURT STAFF). Modified on 10/16/2009 (cp, COURT STAFF). (cp, COURT STAFF). Modified on 10/16/2009 (cp, COURT STAFF). (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

92

Memorandum in Opposition to Defendants' Administrative Motion to Conduct Limited Discovery of Named Plaintiffs filed byC.R., David Oster, Willie Beatrice Sheppard, V.L.. (Attachments: # 1 Declaration In Opposition, # 2 Proposed Order)(Schur, Dara) (Filed on 10/6/2009) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

93

***PLEASE REFER TO DOCUMENT 102 . *** EXHIBITS re 38 Declaration in Support,, CORRECTION OF DOCKET # 41 . 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 10/6/2009) Modified on 10/7/2009 (ewn, COURT STAFF). Modified on 10/7/2009 (feriab, COURT STAFF). Modified on 10/16/2009 (cp, COURT STAFF). (cp, COURT STAFF). (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

95

ORDER RELATING CASE. Case reassigned to Judge Hon. Claudia Wilken for all further proceedings. Judge Hon. Jeffrey S. White no longer assigned to the case. Signed by Judge Claudia Wilken on 10/6/2009. (cp, COURT STAFF) (Filed on 10/6/2009) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

96

MOTION to Remove Incorrectly Filed Document 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. (Attachments: # 1 Proposed Order)(Leyton, Stacey) (Filed on 10/6/2009) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

97

Letter from Michael A. Zwibelman re: Plaintiffs' Ex Parte Application for Order Shortening Time (Docket Nos. 19 & 25) . (Zwibelman, Michael) (Filed on 10/6/2009) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

98

Letter from Stacey Leyton. (Leyton, Stacey) (Filed on 10/6/2009) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 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
101

EXHIBITS re 35 Declaration in Support,, CORRECTION OF DOCKET # 91 . 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 10/7/2009) (Entered: 10/07/2009)

Oct. 7, 2009

Oct. 7, 2009

102

EXHIBITS re 38 Declaration in Support,, CORRECTION OF DOCKET # 93 . 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 10/7/2009) (Entered: 10/07/2009)

Oct. 7, 2009

Oct. 7, 2009

103

MOTION for Reconsideration re 100 Set Hearings, Order filed by California Department of Health Care Services, California Department of Social Services, David Maxwell − Jolly, John Wagner. (Zwibelman, Michael) (Filed on 10/7/2009) (Entered: 10/07/2009)

Oct. 7, 2009

Oct. 7, 2009

Case Details