Case: California Alliance of Child and Family Services v. Allenby

3:06-cv-04095 | U.S. District Court for the Northern District of California

Filed Date: July 30, 2006

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On July 30, 2006, the California Alliance of Child and Family Services, a non-profit organization that represents the interests of foster homes, filed a lawsuit under the Child Welfare Act (CWA), 42 U.S.C. §§ 670-679b, against the California Department of Social Services in the U.S. District Court for the Northern District of California. The plaintiff, represented by private counsel, alleged that defendant did not comply with the Child Welfare Act, as it failed to "cover the costs" for certain…

On July 30, 2006, the California Alliance of Child and Family Services, a non-profit organization that represents the interests of foster homes, filed a lawsuit under the Child Welfare Act (CWA), 42 U.S.C. §§ 670-679b, against the California Department of Social Services in the U.S. District Court for the Northern District of California. The plaintiff, represented by private counsel, alleged that defendant did not comply with the Child Welfare Act, as it failed to "cover the costs" for certain foster care expenses, as the CWA requires. The plaintiff sought declaratory and injunctive relief.

The crux of the dispute was the defendant's method of calculation and payment of these foster care costs. The defendant's system for determining the costs, adjusted annually based on a necessities index, was changed in 2001 so that adjustments were "subject to the availability of funds." The plaintiff claimed that this method did not adequately cover the foster care costs, since as of 2005-2006, the defendant was making foster care payments at only 80% of full costs based on proper index adjustments.

On August 25, 2006, the defendants filed a motion to dismiss, alleging that plaintiff failed to state a claim upon which relief can be granted since plaintiff does not have a private right of action under 42 U.S.C. § 1983. On October 27, 2006, Judge Marilyn H. Patel denied the defendant's motion to dismiss, holding that the Child Welfare Act confers an individual right on plaintiff's members for enforcement of the foster care maintenance payments. The parties attempted to mediate on February 1, 2007, but were not able to resolve any of the disputed issues. The plaintiff filed a motion for summary judgment on July 16, 2007. Defendants then filed a motion for summary judgment on July 17, 2007.

On January 14, 2008, Judge Patel denied a motion to relate the case with California State Foster Parent Association v. Wagner (in the Clearinghouse as CW-CA-0003).

On March 12, 2008, Judge Patel denied the plaintiff's motion for summary judgment and granted the defendant's motion for summary judgment. The court found that payment of 80% of the costs was in "substantial compliance" with the Child Welfare Act, and this was all that was required.

After denial of a motion for reconsideration, the plaintiff appealed to the Ninth Circuit. Before the appeal was heard, on September 25, 2009, Judge Patel granted a motion to relate the case with California Alliance of Child and Family Services v. Wagner.

On December 14, 2009, the Ninth Circuit Court of Appeals (Circuit Judges Alfred T. Goodwin and Pamela Ann Rymer, and District Judge George H. Wu, sitting by designation) granted summary judgment to the plaintiff, reversing the District Court's grant of summary judgment to the defendant. The court held that to "cover the costs" of these foster care expenses meant to cover all of the costs. Therefore, payment of 80% of the calculated costs was held not to be sufficient to comply with the Child Welfare Act. The Ninth Circuit then remanded the case to the district court to determine the proper injunctive and declaratory relief. 589 F.3d 1017 (9th Cir. 2009).

On February 23, 2010, Judge Patel signed a judgment, as required by the Court of Appeals, for the plaintiffs. Judge Patel ordered that plaintiff’s motion for summary judgment was granted in its entirety and granted plaintiff’s request for declaratory relief and its request for permanent injunctive relief. Judge Patel ordered that the current standard rates paid must be adjusted to be on track with the California Necessities Index (CNI), that the standardized schedule of rates shall be adjusted annually to reflect the change in the CNI, that the new fully-funded standardized schedule of rates be used to establish the AFDC-Foster Care rates paid, and that the standardized schedule of rates be adjusted annually to reflect any new departmental requirements established during the previous fiscal year. Judge Patel also stated that the plaintiff may bring a motion to recover attorneys’ fees and costs.

An amendment judgment was signed on May 4, 2010, which no longer required that the standardized schedule of rates be adjusted annually to reflect any new departmental requirements. The court retained jurisdiction over the case to ensure that the parties complied with the judgment. On May 4, 2010, Judge Patel also granted plaintiff attorneys’ fees and costs in the amount of $510,000.

The defendants protested the amount of fees awarded, and on July 1, 2011, Peter L. Shaw, Appellate Commissioner, amended the judgment and awarded plaintiff $321,232.25 in attorneys’ fees and $5,520.12 in reasonable expenses.

On March 29, 2012, California Alliance of Child and Family Services filed a motion to relate case. As of April 2, 2016, there has been no further action on this case.

Summary Authors

Justin Benson (3/25/2012)

Frances Hollander (4/2/2016)

Related Cases

California Alliance of Child and Family Services v. Wagner, Northern District of California (2009)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4166083/parties/california-alliance-of-child-and-family-services-v-allenby/


Judge(s)

Goodwin, Alfred Theodore (California)

Hug, Procter Ralph Jr. (Nevada)

Patel, Marilyn Hall (California)

Rawlinson, Johnnie B. (Nevada)

Rymer, Pamela Ann (California)

Schroeder, Mary Murphy (Arizona)

Wu, George H. (California)

Attorneys(s) for Plaintiff

Abrams, William F. (California)

Ellsworth, Andrew B. (California)

Lopez, Jennifer Allison (California)

Judge(s)

Goodwin, Alfred Theodore (California)

Hug, Procter Ralph Jr. (Nevada)

Patel, Marilyn Hall (California)

Rawlinson, Johnnie B. (Nevada)

Rymer, Pamela Ann (California)

Schroeder, Mary Murphy (Arizona)

Wu, George H. (California)

Attorneys(s) for Plaintiff

Abrams, William F. (California)

Ellsworth, Andrew B. (California)

Lopez, Jennifer Allison (California)

Mortenson, Michael Donn (California)

Prince, George D. (California)

Smith, Stephen Zak (California)

Taggart, Craig Allen (California)

Torabian-Bashardoust, Roxanne (California)

Attorneys(s) for Defendant

Brown, Edmund G. Jr. (California)

Carson, Susan (California)

Other Attorney(s)

VanVoorhis, Kimberly Nicole (California)

Documents in the Clearinghouse

Document

3:06-cv-04095

Docket

March 29, 2012

March 29, 2012

Docket
1

3:06-cv-04095

Complaint for Declaratory and Injunctive Relief

June 30, 2006

June 30, 2006

Complaint
24

3:06-cv-04095

Memorandum & Order

CALIFORNIA ALLIANCE OF CHILD AND FAMILY SERVICES v. ALLENBY

459 F.Supp.2d 919

Oct. 27, 2006

Oct. 27, 2006

Order/Opinion
55

3:06-cv-04095

Related Case Order

Jan. 14, 2008

Jan. 14, 2008

Order/Opinion
57

3:06-cv-04095

Memorandum & Order Re: Cross-Motions for Summary Judgment

CALIFORNIA ALLIANCE OF CHILD AND FAMILY SERVICES v. ALLENBY

2008 WL 686860, 2008 U.S.Dist.LEXIS 19083

March 12, 2008

March 12, 2008

Order/Opinion
83

3:06-cv-04095

Related Case Order

Sept. 25, 2009

Sept. 25, 2009

Order/Opinion
21-1

08-16267

Opinion (9th Circuit Court of Appeals)

U. S. Court of Appeals for the Ninth Circuit

589 F.3d 1017, 2009 U.S.App.LEXIS 27105

Dec. 14, 2009

Dec. 14, 2009

Order/Opinion
87

3:06-cv-04095

[Proposed] Judgment for Plaintiff California Alliance of Child and Family Services

Jan. 15, 2010

Jan. 15, 2010

Order/Opinion
92

3:06-cv-04095

Judgment

Feb. 24, 2010

Feb. 24, 2010

Order/Opinion
112

3:06-cv-04095

Amended Judgment

April 3, 2010

April 3, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4166083/california-alliance-of-child-and-family-services-v-allenby/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief; Demand for Jury Trial against Cliff Allenby, Mary Ault (Filing fee $ 350.00, receipt number 3387292.). Filed byCalifornia Alliance of Child and Family Services. (gba, COURT STAFF) (Filed on 6/30/2006) Additional attachment(s) added on 10/16/2006 (gba, COURT STAFF). (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

6

STIPULATION AND ORDER extending time to and including 8/25/2006 for defendants to file responsive pleading; Signed by Judge Marilyn Hall Patel on 7/26/2006. (awb, COURT-STAFF) (Filed on 7/26/2006)

July 26, 2006

July 26, 2006

RECAP
24

ORDER by Judge Marilyn H. Patel denying 7 Motion to Dismiss. Signed by Judge Marilyn H. Patel 10/26/06. (epb, COURT STAFF) (Filed on 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 10/23/2006. Case Management Conference set for 10/30/2006 04:00 PM. (Attachments: # 1 Standing Order)(gba, COURT STAFF) (Filed on 6/30/2006) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

Summons Issued as to Cliff Allenby, Mary Ault. (gba, COURT STAFF) (Filed on 6/30/2006) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

32

STIPULATION AND ORDER: Cross Motions to be filed by 7/16/2007; Oppositions to be filed 8/13/2007; No replies; Motion Hearing set for 8/27/2007 02:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 3/16/2007. (awb, COURT-STAFF) (Filed on 3/16/2007)

March 16, 2007

March 16, 2007

RECAP
54

ORDER re 34 , 37 CROSS- MOTIONS for Summary Judgment. Signed by Judge Marilyn Hall Patel on 12/10/2007. (awb, COURT-STAFF) (Filed on 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

RECAP

CASE DESIGNATED for Electronic Filing. (gba, COURT STAFF) (Filed on 6/30/2006) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

57

MEMORANDUM AND ORDER by Judge Marilyn Hall Patel denying 34 Plaintiff's Motion for Summary Judgment and granting 37 defendants' Motion for Summary Judgment (awb, COURT-STAFF) (Filed on 3/12/2008)

March 12, 2008

March 12, 2008

RECAP
3

SUMMONS Returned Executed by California Alliance of Child and Family Services. Cliff Allenby served on 7/5/2006, answer due 7/25/2006. (gba, COURT STAFF) (Filed on 7/19/2006) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

4

SUMMONS Returned Executed by California Alliance of Child and Family Services. Mary Ault served on 7/5/2006, answer due 7/25/2006. (gba, COURT STAFF) (Filed on 7/19/2006) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

74

MEMORANDUM AND ORDER by Judge Marilyn Hall Patel DENYING 72 plaintiff's Motion for Leave to File motion for reconsideration and relief from judgment (awb, COURT-STAFF) (Filed on 4/10/2008)

April 10, 2008

April 10, 2008

RECAP
92

JUDGMENT: Signed by Judge Marilyn Hall Patel on 2/23/2010. (awb, COURT STAFF) (Filed on 2/24/2010)

Feb. 24, 2010

Feb. 24, 2010

RECAP
5

STIPULATION and [proposed] order by California Alliance of Child and Family Services, Cliff Allenby, Mary Ault. (Prince, George) (Filed on 7/25/2006) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

98

ORDER re 2/26/2010 Letter; plaintiff to file written response within ten days; Defendants to file a written response within ten days thereafter; Signed by Judge Marilyn Hall Patel on 3/10/2010. (awb, COURT STAFF) (Filed on 3/12/2010)

March 12, 2010

March 12, 2010

RECAP
7

First MOTION to Dismiss filed by Cliff Allenby, Mary Ault. Motion Hearing set for 10/2/2006 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Prince, George) (Filed on 8/25/2006) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

8

Proposed Order re 7 First MOTION to Dismiss by Mary Ault. (Prince, George) (Filed on 8/25/2006) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

10

Proposed Order re 9 First MOTION for Leave to File Motion to Dismiss in Advance of Initial Case Management Conference by Cliff Allenby, Mary Ault. (Prince, George) (Filed on 8/25/2006) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

11

ORDER by Judge Marilyn Hall Patel granting 9 defendants' Motion for Leave to File motion to dismiss prior to initial case management conference (awb, COURT−STAFF) (Filed on 8/29/2006) (Entered: 08/29/2006)

Aug. 29, 2006

Aug. 29, 2006

12

STIPULATION TO CONTINUE HEARING DATE RE DEFENDANTS' MOTION TO DISMISS AND [PROPOSED] ORDER GRANTING CONTINUANCE by California Alliance of Child and Family Services. (Abrams, William) (Filed on 9/8/2006) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

13

AMENDED DOCUMENT by California Alliance of Child and Family Services. Amendment to 12 Stipulation AMENDED STIPULATION TO CONTINUE HEARING DATE RE: DEFENDANTS' MOTION TO DISMISS; AND, [PROPOSED] ORDER GRANTING CONTINUANCE . (Abrams, William) (Filed on 9/11/2006) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

14

Memorandum in Opposition re 7 First MOTION to Dismiss Complaint filed byCalifornia Alliance of Child and Family Services. (Lee, Hwannie) (Filed on 9/11/2006) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

15

STIPULATION AND ORDER AMENDING BRIEFING SCHEDULES AND RESETTING Hearing on Motion 7 First MOTION to Dismiss; Motion Hearing reset for 10/23/2006 02:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 9/18/2006. (awb, COURT−STAFF) (Filed on 9/19/2006) (Entered: 09/19/2006)

Sept. 19, 2006

Sept. 19, 2006

16

Reply to Opposition filed byCliff Allenby, Mary Ault. (Prince, George) (Filed on 10/9/2006) (Entered: 10/09/2006)

Oct. 9, 2006

Oct. 9, 2006

17

ADR Certification (ADR L.R. 3−5b) of discussion of ADR options By Parties and Counsel (Torabian−Bashardoust, Roxanne) (Filed on 10/9/2006) (Entered: 10/09/2006)

Oct. 9, 2006

Oct. 9, 2006

18

NOTICE of need for ADR Phone Conference (ADR L.R. 3−5 d) (Torabian−Bashardoust, Roxanne) (Filed on 10/9/2006) (Entered: 10/09/2006)

Oct. 9, 2006

Oct. 9, 2006

19

CLERK'S NOTICE re: Failure to E−File and/or Failure to Register as an E−Filer re: #1 Complaint (gba, COURT STAFF) (Filed on 10/11/2006) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

20

ADR Certification (ADR L.R. 3−5b) of discussion of ADR options for CA Dept of Social Services (Prince, George) (Filed on 10/16/2006) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

21

MOTION to Appear by Telephone /[Proposed] Order filed by California Alliance of Child and Family Services. Motion Hearing set for 10/30/2006 04:00 PM in Courtroom 15, 18th Floor, San Francisco. (Torabian−Bashardoust, Roxanne) (Filed on 10/19/2006) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

22

ADR Clerks Notice Setting ADR Phone Conference on 10/25/06 at 2:30 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 10/20/2006) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

ADR Remark: The ADR Phone Conference has been rescheduled to 10/25/06 at 2:30 p.m. (tjs, COURT STAFF) (Filed on 10/20/2006) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

23

Minute Entry: Motion Hearing held on 10/23/2006 before Hon Marilyn Hall Patel (Date Filed: 10/24/2006) re 7 First MOTION to Dismiss; Case Management Conference reset for 11/13/2006 03:00 PM. (Court Reporter Juanita Gonzales.) (awb, COURT−STAFF) (Date Filed: 10/24/2006) (Entered: 10/24/2006)

Oct. 24, 2006

Oct. 24, 2006

25

CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed by California Alliance of Child and Family Services. (Torabian−Bashardoust, Roxanne) (Filed on 11/6/2006) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

26

ANSWER to Complaint byCliff Allenby, Mary Ault. (Prince, George) (Filed on 11/6/2006) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

27

Minute Entry: Status Conference before the Hon. Marilyn Hall Patel; (Date Filed: 11/13/2006(Date Filed: 11/13/2006)Cross Motions for Summary Judgment to be filed by 4/2/2007; Responses due by 4/16/2007; Motion Hearing set for 5/7/2007 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Court Reporter Leo Mankiewicz.) (awb, COURT−STAFF) (Date Filed: 11/13/2006) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

28

STATUS REPORT Joint Report On Status Of Mediation by California Alliance of Child and Family Services. (Abrams, William) (Filed on 12/12/2006) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

29

NOTICE by California Alliance of Child and Family Services Joint Report on Scheduling of Mediation (Torabian−Bashardoust, Roxanne) (Filed on 1/22/2007) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

30

STATUS REPORT ON COMPLETION OF MEDIATION by California Alliance of Child and Family Services. (Torabian−Bashardoust, Roxanne) (Filed on 2/7/2007) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

31

STIPULATION TO CONTINUE MOTION AND HEARING DATES RE: CROSS−MOTIONS FOR SUMMARY JUDGMENT; [PROPOSED] ORDER GRANTING CONTINUANCE by California Alliance of Child and Family Services. (Torabian−Bashardoust, Roxanne) (Filed on 3/14/2007) (Entered: 03/14/2007)

March 14, 2007

March 14, 2007

33

STIPULATION to Further Continue Motion and Hearing Dates Re: Cross Motions for Summary Judgment; [Proposed] Order Granting Continuance by California Alliance of Child and Family Services. (Torabian−Bashardoust, Roxanne) (Filed on 7/11/2007) (Entered: 07/11/2007)

July 11, 2007

July 11, 2007

34

First MOTION for Summary Judgment filed by California Alliance of Child and Family Services. Motion Hearing set for 8/27/2007 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Attachments: # 1 Proposed Order CACFS's Proposed Order)(Smith, Stephen) (Filed on 7/16/2007) (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

35

STIPULATION AND ORDER CONTINUING CROSS MOTION BRIEFING DEADLINES; Motions for Summary Judgment to be heard 9/24/2007 at 2:00 pm; Signed by Judge Marilyn Hall Patel on 7/17/2007. (awb, COURT−STAFF) (Filed on 7/17/2007) (Entered: 07/17/2007)

July 17, 2007

July 17, 2007

36

MOTION for Leave to File filed by Cliff Allenby, Mary Ault. Motion Hearing set for 8/27/2007 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Attachments: # 1 Proposed Order proposed order re late filing# 2 Affidavit decl in support of request for late filing)(Prince, George) (Filed on 7/17/2007) (Entered: 07/17/2007)

July 17, 2007

July 17, 2007

37

MOTION for Summary Judgment filed by Cliff Allenby, Mary Ault. Motion Hearing set for 8/27/2007 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Attachments: # 1 Affidavit decl of Sheilah Dupuy in support of MSJ# 2 Proposed Order [proposed] order granting dfdnts' MSJ)(Prince, George) (Filed on 7/17/2007) (Entered: 07/17/2007)

July 17, 2007

July 17, 2007

39

Memorandum in Opposition to 37 Defendants' Motion for Summary Judgment filed by California Alliance of Child and Family Services. (Mortenson, Michael) (Filed on 9/4/2007) Modified on 9/6/2007 (gba, COURT STAFF). (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

40

Joint Statement of Undisputed Facts Regarding Parties' Cross Motions for Summary Judgment by California Alliance of Child and Family Services. (Mortenson, Michael) (Filed on 9/4/2007) Modified on 9/6/2007 (gba, COURT STAFF). (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

41

AMENDED Joint Statement of Undisputed Facts Regarding Parties' Cross Motions for Summary Judgment re 39 Memorandum in Opposition, 38 Memorandum in Opposition filed by California Alliance of Child and Family Services, Cliff Allenby, Mary Ault. (Related document(s) 39 , 38 ) (Prince, George) (Filed on 9/12/2007) Modified on 9/19/2007 (gba, COURT STAFF). (Entered: 09/12/2007)

Sept. 12, 2007

Sept. 12, 2007

42

Minute Entry: Motion Hearing held on 9/24/2007 before Hon Marilyn Hall Patel (Date Filed: 9/26/2007) re 34 37 motions for Summary Judgment (Court Reporter Margo Gurule.) (awb, COURT−STAFF) (Date Filed: 9/26/2007) (Entered: 09/26/2007)

Sept. 26, 2007

Sept. 26, 2007

43

MOTION to Relate Case Administrative Motion to Consider Whether Cases Should Be Related filed by California State Foster Parent Association, California State Care Providers Association, Legal Advocates for Permanent Parenting. (Attachments: # 1 Proposed Order)(VanVoorhis, Kimberly) (Filed on 10/12/2007) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

44

Declaration of Kimberly N. Van Voorhis in Support of 43 MOTION to Relate Case Administrative Motion to Consider Whether Cases Should Be Related filed byCalifornia State Foster Parent Association, California State Care Providers Association, Legal Advocates for Permanent Parenting. (Related document(s) 43 ) (VanVoorhis, Kimberly) (Filed on 10/12/2007) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

45

CERTIFICATE OF SERVICE by California State Foster Parent Association, California State Care Providers Association, Legal Advocates for Permanent Parenting re 43 MOTION to Relate Case Administrative Motion to Consider Whether Cases Should Be Related , 44 Declaration in Support, (VanVoorhis, Kimberly) (Filed on 10/12/2007) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

46

Memorandum in Opposition to 43 Motion to Relate Case filed by Cliff Allenby, Mary Ault. (Prince, George) (Filed on 10/17/2007) Modified on 10/18/2007 (gba, COURT STAFF). (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

47

Memorandum in Opposition to 43 Administrative Motion to Consider Whether Cases Should be Related filed by California Alliance of Child and Family Services. (Mortenson, Michael) (Filed on 10/17/2007) Modified on 10/18/2007 (gba, COURT STAFF). (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

48

Declaration of Carroll Schroeder In Support of 47 Plaintiff's Opposition to Administrative Motion to Consider Whether Cases Should Be Related filed by California Alliance of Child and Family Services. (Mortenson, Michael) (Filed on 10/17/2007) Modified on 10/18/2007 (gba, COURT STAFF). (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

49

Declaration of Michael D. Mortenson In Support of 47 Plaintiff's Opposition to Administrative Motion to Consider Whether Cases Should Be Related filed by California Alliance of Child and Family Services. (Mortenson, Michael) (Filed on 10/17/2007) Modified on 10/18/2007 (gba, COURT STAFF). (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

50

CERTIFICATE OF SERVICE by California Alliance of Child and Family Services (Mortenson, Michael) (Filed on 10/17/2007) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

51

Proposed Order Denying Administrative Motion to Consider Whether Cases Should Be Related by California Alliance of Child and Family Services. (Mortenson,

Oct. 17, 2007

Oct. 17, 2007

53

CERTIFICATE OF SERVICE by California State Foster Parent Association, California State Care Providers Association, Legal Advocates for Permanent Parenting re 52 Memorandum in Support, (VanVoorhis, Kimberly) (Filed on 11/13/2007) (Entered: 11/13/2007)

Nov. 13, 2007

Nov. 13, 2007

55

ORDER by Judge Marilyn Hall Patel denying 43 Motion to Relate Cases C 06−4095 MHP and C 07−5086 WHA (awb, COURT−STAFF) (Filed on 1/14/2008) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

56

Declaration of Sheilah Dupuy re: California Welfare and Institutions Code section 11462(g)(2) filed byCliff Allenby, Mary Ault. (Prince, George) (Filed on 1/24/2008) (Entered: 01/24/2008)

Jan. 24, 2008

Jan. 24, 2008

58

CLERK'S JUDGMENT entered in favor of defendants Cliff Allenby, Mary Ault against plaintiff California Alliance of Child and Family Services (awb, COURT−STAFF) (Filed on 3/12/2008) (Entered: 03/12/2008)

March 12, 2008

March 12, 2008

59

NOTICE by Cliff Allenby re 58 Clerk's Judgment Notice of Entry of Judgment (Prince, George) (Filed on 3/12/2008) (Entered: 03/12/2008)

March 12, 2008

March 12, 2008

60

MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment filed by California Alliance of Child and Family Services. Motion Hearing set for 5/5/2008 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Mortenson, Michael) (Filed on 3/21/2008) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

61

Declaration of Michael D. Mortenson in Support of 60 MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment filed byCalifornia Alliance of Child and Family Services. (Related document(s) 60 ) (Mortenson, Michael) (Filed on 3/21/2008) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

62

Declaration of Doug Johnson in Support of 60 MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment filed byCalifornia Alliance of Child and Family Services. (Related document(s) 60 ) (Mortenson, Michael) (Filed on 3/21/2008) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

63

Declaration of Walter Grubbs in Support of 60 MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment filed byCalifornia Alliance of Child and Family Services. (Related document(s) 60 ) (Mortenson, Michael) (Filed on 3/21/2008) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

64

Declaration of Beverly Boone in Support of 60 MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment filed byCalifornia Alliance of Child and Family Services. (Related document(s) 60 ) (Mortenson, Michael) (Filed on 3/21/2008) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

65

Declaration of George Siler in Support of 60 MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment filed byCalifornia Alliance of Child and Family Services. (Related document(s) 60 ) (Mortenson, Michael) (Filed on 3/21/2008) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

66

Declaration of Christine Stoner−Mertz in Support of 60 MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment filed byCalifornia Alliance of Child and Family Services. (Related document(s) 60 ) (Mortenson, Michael) (Filed on 3/21/2008) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

67

Declaration of Ivelise Markovits in Support of 60 MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment filed byCalifornia Alliance of Child and Family Services. (Related document(s) 60 ) (Mortenson, Michael) (Filed on 3/21/2008) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

68

Declaration of John Neiuber in Support of 60 MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment filed byCalifornia Alliance of Child and Family Services. (Related document(s) 60 ) (Mortenson, Michael) (Filed on 3/21/2008) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

69

Declaration of John L. Peel in Support of 60 MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment filed byCalifornia Alliance of Child and Family Services. (Related document(s) 60 ) (Mortenson, Michael) (Filed on 3/21/2008) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

70

Declaration of David Darrah in Support of 60 MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment filed byCalifornia Alliance of Child and Family Services. (Related document(s) 60 ) (Mortenson, Michael) (Filed on 3/21/2008) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

71

Proposed Order re 60 MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment MOTION for Reconsideration re 57 Order on Motion for Summary Judgment, Order on Motion for Leave to File, 58 Clerk's Judgment by California Alliance of Child and Family Services. (Mortenson, Michael) (Filed on 3/21/2008) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

72

MOTION for Leave to File Motion For Reconsideration And Relief From Judgment filed by California Alliance of Child and Family Services. (Mortenson, Michael) (Filed on 3/24/2008) (Entered: 03/24/2008)

March 24, 2008

March 24, 2008

73

Proposed Order re 72 MOTION for Leave to File Motion For Reconsideration And Relief From Judgment by California Alliance of Child and Family Services. (Mortenson, Michael) (Filed on 3/24/2008) (Entered: 03/24/2008)

March 24, 2008

March 24, 2008

75

NOTICE OF APPEAL as to 74 Order on Motion for Reconsideration 57 Order on Motion for Summary Judgment 58 Clerk's Judgment by California Alliance of Child and Family Services. Filing fee $ 455.00. Receipt Number 34611018623. (gba, COURT STAFF) (Filed on 4/29/2008) (Entered: 05/21/2008)

April 29, 2008

April 29, 2008

78

TRANSCRIPT DESIGNATION and Ordering Form by California Alliance of Child and Family Services for proceedings held on 9/24/07 before Judge Marilyn H. Patel. (gba, COURT STAFF) (Filed on 5/9/2008) (Entered: 05/21/2008)

May 9, 2008

May 9, 2008

76

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 75 Notice of Appeal. (gba, COURT STAFF) (Filed on 5/21/2008) (gba, COURT STAFF). (Additional attachment(s) added on 5/21/2008: # 1 Order Docket No. 57, # 2 Order Docket No. 58, # 3 Order Docket No. 74) (gba, COURT STAFF). (Additional attachment(s) added on 5/21/2008: # 4 Docket Sheet) (gba, COURT STAFF). (Additional attachment(s) added on 5/21/2008: # 5 Amended Docket Sheet) (gba, COURT STAFF). (Additional attachment(s) added on 5/21/2008: # 6 Notice of Appeal Notification Form) (gba, COURT STAFF). (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

77

Copy of Notice of Appeal and Docket sheet mailed to all counsel (gba, COURT STAFF) (Filed on 5/21/2008) (Additional attachment(s) added on 5/21/2008: # 1 Docket Sheet) (gba, COURT STAFF). (Additional attachment(s) added on 5/21/2008: # 2 Amended Docket Sheet) (gba, COURT STAFF). (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

79

USCA Case Number 08−16267 for 75 Notice of Appeal filed by California Alliance of Child and Family Services. (gba, COURT STAFF) (Filed on 5/29/2008) (Entered: 06/02/2008)

May 29, 2008

May 29, 2008

80

Transcript of Proceedings held on 09/24/07, before Judge Marilyn H. Patel. Court Reporter/Transcriber Margaret "Margo" Gurule, Telephone number 415−504−4204. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 9/25/2008. (mng, COURT STAFF) (Filed on 6/30/2008) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

81

NOTICE of Appearance by Craig Allen Taggart (Taggart, Craig) (Filed on 7/2/2008) (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

82

MOTION to Relate Case filed by California Alliance of Child and Family Services. (Attachments: # 1 Affidavit Declaration of Craig A. Taggart)(Taggart, Craig) (Filed on 9/18/2009) (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

83

ORDER RELATING CASE C 09−4398 VRW to this action; Signed by Judge Marilyn Hall Patel on 9/24/2009. (awb, COURT STAFF) (Filed on 9/25/2009) (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

84

OPINION of USCA as to 75 Notice of Appeal, filed by California Alliance of Child and Family Services (gba, COURT STAFF) (Filed on 1/6/2010) (Entered: 01/06/2010)

Jan. 6, 2010

Jan. 6, 2010

85

MANDATE of USCA as to 75 Notice of Appeal, filed by California Alliance of Child and Family Services (gba, COURT STAFF) (Filed on 1/7/2010) (Entered: 01/07/2010)

Jan. 7, 2010

Jan. 7, 2010

86

CLERKS Letter Spreading Mandate to Counsel (gba, COURT STAFF) (Filed on 1/7/2010) (Entered: 01/07/2010)

Jan. 7, 2010

Jan. 7, 2010

87

Proposed Order Proposed Judgment for Plaintiff by California Alliance of Child and Family Services. (Mortenson, Michael) (Filed on 1/15/2010) (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

88

Response and Objections to 87 Plaintiff's [Proposed] Judgment filed by Cliff Allenby, Mary Ault. (Prince, George) (Filed on 1/29/2010) Modified on 2/2/2010

Jan. 29, 2010

Jan. 29, 2010

90

ORDER of USCA as to 75 Notice of Appeal, filed by California Alliance of Child and Family Services (gba, COURT STAFF) (Filed on 2/22/2010) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

91

ORDER of USCA as to 75 Notice of Appeal, filed by California Alliance of Child and Family Services (gba, COURT STAFF) (Filed on 2/22/2010) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

93

Letter from George Prince, on behalf of defendants. (Prince, George) (Filed on 2/26/2010) (Entered: 02/26/2010)

Feb. 26, 2010

Feb. 26, 2010

94

MOTION for Attorney Fees filed by California Alliance of Child and Family Services. Motion Hearing set for 4/12/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Attachments: # 1 Affidavit Declaration of William F. Abrams in Support of Motion, # 2 Exhibit A, Part I to Abrams Decl., # 3 Exhibit A, Part II to Abrams Decl., # 4 Exhibit B to Abrams Decl., # 5 Affidavit Declaration of Michael D. Mortenson in Support of Motion, # 6 Exhibit A to Mortenson Decl., # 7 Exhibit B to Mortenson Decl.)(Mortenson, Michael) (Filed on 3/9/2010) (Entered: 03/09/2010)

March 9, 2010

March 9, 2010

95

BILL OF COSTS after judgment entered 02/23/2010 by California Alliance of Child and Family Services. (Mortenson, Michael) (Filed on 3/9/2010) (Entered: 03/09/2010)

March 9, 2010

March 9, 2010

96

Declaration of Michael D. Mortenson to replace document erroneously filed as No. 94−5 filed by California Alliance of Child and Family Services. Motion Hearing set for 4/12/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Attachments: # 1 Exhibit Exhibit A to Mortenson Declaration, # 2 Exhibit B to Mortenson Declaration)(Mortenson, Michael) (Filed on 3/9/2010) Modified on 3/10/2010 (gba, COURT STAFF). (Entered: 03/09/2010)

March 9, 2010

March 9, 2010

97

RENOTICE motion hearing from 4/12/10 to 4/19/10 at 2:00 PM 94 MOTION for Attorney Fees filed by California Alliance of Child and Family Services. Motion Hearing set for 4/19/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Mortenson, Michael) (Filed on 3/10/2010) Modified on 3/11/2010 (gba, COURT STAFF). (Entered: 03/10/2010)

March 10, 2010

March 10, 2010

Set/Reset Deadlines as to 94 MOTION for Attorney Fees. Motion Hearing set for 4/19/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (gba, COURT STAFF) (Filed on 3/11/2010) (Entered: 03/11/2010)

March 11, 2010

March 11, 2010

99

NOTICE OF APPEAL as to 92 Judgment by John Wagner, Gregory Rose. Filing fee $ 455.00.; Receipt Number 34611043514. (gba, COURT STAFF) (Filed on 3/12/2010) (Entered: 03/17/2010)

March 12, 2010

March 12, 2010

100

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 99 Notice of Appeal (Attachments: # 1 Notice of Appeal Notification Form, # 2 Notice of Appeal) (gba, COURT STAFF) (Filed on 3/17/2010) (Additional attachment(s) added on 3/17/2010: # 3 Docket Sheet) (gba, COURT STAFF). (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

Case Details

State / Territory: California

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 30, 2006

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The California Alliance of Child and Family Services is an association of private, non-profit agencies that provide adoption, foster care, and group home services

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Social Services, State

Case Details

Causes of Action:

Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. §§ 620 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: 326,752.37

Order Duration: 2010 - None

Issues

General:

Foster care (benefits, training)

Funding

Benefit Source:

Adoption Assistance and Child Welfare Act