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

3:09-cv-04398 | U.S. District Court for the Northern District of California

Filed Date: Sept. 18, 2009

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On September 18, 2009, the California Alliance of Child and Family Services filed a complaint against the California Department of Social Services ("Department") under the Child Welfare Act, 42 U.S.C. §§ 670-679b in the U.S. District Court for the Northern District of California. Plaintiff, represented by private counsel, is a non-profit membership organization representing the interests of group homes and foster children. Plaintiff alleged that the Department is not in compliance with the Ch…

On September 18, 2009, the California Alliance of Child and Family Services filed a complaint against the California Department of Social Services ("Department") under the Child Welfare Act, 42 U.S.C. §§ 670-679b in the U.S. District Court for the Northern District of California. Plaintiff, represented by private counsel, is a non-profit membership organization representing the interests of group homes and foster children. Plaintiff alleged that the Department is not in compliance with the Child Welfare Act because it is not providing sufficient funding for the care and shelter of foster care children, as required by the Act. Injunctive and declaratory relief was sought.

Specifically, the plaintiff claimed that a recent 10% cut of payments to foster care homes would result in insufficient funding, as it was based solely on budgetary concerns. In an earlier case, California Alliance of Child and Family Services v. Allenby (N.D. Cal. 2006), the court held that the Department's payment of 80% of costs was in "substantial compliance" with the Act, and was therefore sufficient. Plaintiff in this case argued that the new cuts put payments below 70%, which would no longer constitute substantial compliance.

On September 25, 2009, the District Court (Judge Marilyn H. Patel) ordered the case be related to California Alliance of Child and Family Services v. Allenby.

The District Court (Judge Patel) on November 4, 2009 then issued a temporary restraining order, prohibiting for ten days the implementation of the 10% budget cut. The court reasoned that this cut, because it would lower compliance to less than 70%, raised serious questions on the merits of the case. Furthermore, the interest of the foster children and homes outweighed the budgetary interest of the state.

On November 18, 2009, the District Court (Judge Patel) issued a preliminary injunction, prohibiting the defendant from implementing the budget cut until the end of the case on the merits. In deciding to issue the order, the court determined that (1) plaintiff would likely succeed in showing that payment of 70% of costs does not constitute substantial compliance, and (2) the harm to foster care children by not issuing an injunction overrode budgetary harm to the state from issuance of the injunction.

Notably, on December 14, 2009 a decision of the Eleventh Circuit Court of Appeals (Judge Pamela A. Rymer) reversed the District Court's decision in California Alliance of Child and Family Services v. Allenby. The court held that payment of 80% of costs was in violation of the child welfare act, and the case was remanded for declaratory and injunctive relief. Cal. Alliance of Child and Family Servs. v. Allenby, 589 F.3d 1017 (9th Cir. 2009).

On April 5, 2011 the United States Court of Appeals for the 9th Circuit affirmed the district court's amended judgment entered in this case and the companion case, Alliance of Child and Family Services v. Allenby.

The case is closed as of May 1, 2011.

Summary Authors

Justin Benson (3/26/2012)

Related Cases

California Alliance of Child and Family Services v. Allenby, Northern District of California (2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5873164/parties/california-alliance-of-child-and-family-services-v-wagner/


Judge(s)

Hug, Procter Ralph Jr. (Nevada)

Patel, Marilyn Hall (California)

Rawlinson, Johnnie B. (Nevada)

Schroeder, Mary Murphy (Arizona)

Attorneys(s) for Plaintiff

Abrams, William F. (California)

Lopez, Jennifer Allison (California)

Mortenson, Michael Donn (California)

Taggart, Craig Allen (California)

Attorneys(s) for Defendant

Carson, Susan (California)

Prince, George D. (California)

Judge(s)

Hug, Procter Ralph Jr. (Nevada)

Patel, Marilyn Hall (California)

Rawlinson, Johnnie B. (Nevada)

Schroeder, Mary Murphy (Arizona)

Attorneys(s) for Plaintiff

Abrams, William F. (California)

Lopez, Jennifer Allison (California)

Mortenson, Michael Donn (California)

Taggart, Craig Allen (California)

Attorneys(s) for Defendant

Carson, Susan (California)

Prince, George D. (California)

Documents in the Clearinghouse

Document

3:09-cv-04398

Docket

March 1, 2010

March 1, 2010

Docket
1-1

3:09-cv-04398

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Sept. 18, 2009

Sept. 18, 2009

Complaint
18

3:09-cv-04398

Related Case Order

Sept. 25, 2009

Sept. 25, 2009

Order/Opinion
45

3:09-cv-04398

Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction

Nov. 4, 2009

Nov. 4, 2009

Order/Opinion
57

3:09-cv-04398

MEMORANDUM & ORDER Re: Plaintiff’s Motion for a Preliminary Injunction

2009 WL 3920364, 2009 U.S.Dist.LEXIS 107613

Nov. 18, 2009

Nov. 18, 2009

Order/Opinion

3:09-cv-04398

Opinon

U. S. Court of Appeals for the Ninth Circuit

425 Fed.Appx. 660

April 5, 2011

April 5, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5873164/california-alliance-of-child-and-family-services-v-wagner/

Last updated Aug. 7, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against Gregory Rose, John Wagner ( Filing fee $ 350, receipt number 34611036803). Demand for Jury Trial. Filed byCalifornia Alliance of Child and Family Services. (far, COURT STAFF) (Filed on 9/18/2009) (Additional attachment(s) added on 9/22/2009: # 1 Complaint) (far, COURT STAFF). (Entered: 09/18/2009)

1 Complaint

View on PACER

Sept. 18, 2009

Sept. 18, 2009

PACER

CASE DESIGNATED for Electronic Filing. (far, COURT STAFF) (Filed on 9/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
2

ADR SCHEDULING ORDER: Case Management Statement due by 12/31/2009. Case Management Conference set for 1/7/2010 03:30 PM in Courtroom 6, 17th Floor, San Francisco. (far, COURT STAFF) (Filed on 9/18/2009) (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
3

Summons Issued as to Gregory Rose, John Wagner. (far, COURT STAFF) (Filed on 9/18/2009) (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
4

Certificate of Interested Entities by California Alliance of Child and Family Services (far, COURT STAFF) (Filed on 9/18/2009) (far, COURT STAFF). (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
5

EX PARTE APPLICATION for a Temporary Restraining Order and an Order to Show Cause regarding preliminary injunction filed by California Alliance of Child and Family Services. (far, COURT STAFF) (Filed on 9/18/2009) (far, COURT STAFF). (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
6

Received Order re 5 Ex Parte Application by California Alliance of Child and Family Services. (far, COURT STAFF) (Filed on 9/18/2009) (far, COURT STAFF). (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
7

MEMORANDUM of Points and Authorities in Support re 5 Ex Parte Application filed byCalifornia Alliance of Child and Family Services. (Related document(s) 5 ) (far, COURT STAFF) (Filed on 9/18/2009) (far, COURT STAFF). (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
8

Declaration of William F. Abrams in Support of 5 Ex Parte Application filed byCalifornia Alliance of Child and Family Services. (Related document(s) 5 ) (far, COURT STAFF) (Filed on 9/18/2009) (far, COURT STAFF). (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
9

Declaration of Robert Di Stefano in Support of 5 Ex Parte Application filed byCalifornia Alliance of Child and Family Services. (Related document(s) 5 ) (far, COURT STAFF) (Filed on 9/18/2009) (far, COURT STAFF). (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
10

Declaration of Andrew Diamond in Support of 5 Ex Parte Application filed byCalifornia Alliance of Child and Family Services. (Related document(s) 5 ) (far, COURT STAFF) (Filed on 9/18/2009) (far, COURT STAFF). (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
11

Declaration of Doug Johnson in Support of 5 Ex Parte Application filed byCalifornia Alliance of Child and Family Services. (Related document(s) 5 ) (far, COURT STAFF) (Filed on 9/18/2009) (far, COURT STAFF). (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
12

Declaration of Susan Lemieux in Support of 5 Ex Parte Application filed byCalifornia Alliance of Child and Family Services. (Related document(s) 5 ) (far, COURT STAFF) (Filed on 9/18/2009) (far, COURT STAFF). (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
13

Declaration of Jim Martin in Support of 5 Ex Parte Application filed byCalifornia Alliance of Child and Family Services. (Related document(s) 5 ) (far, COURT STAFF) (Filed on 9/18/2009) (far, COURT STAFF). (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
14

Declaration of William Martone in Support of 5 Ex Parte Application filed byCalifornia Alliance of Child and Family Services. (Related document(s) 5 ) (far, COURT STAFF) (Filed on 9/18/2009) (far, COURT STAFF). (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
15

Declaration of Charles C. Rich in Support of 5 Ex Parte Application filed byCalifornia Alliance of Child and Family Services. (Related document(s) 5 ) (far, COURT STAFF) (Filed on 9/18/2009) (far, COURT STAFF). (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
16

Declaration of Chris Stoner-Mertz in Support of 5 Ex Parte Application filed byCalifornia Alliance of Child and Family Services. (Related document(s) 5 ) (far, COURT STAFF) (Filed on 9/18/2009) (far, COURT STAFF). (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
17

CERTIFICATE OF SERVICE by California Alliance of Child and Family Services re 7 Memorandum in Support, 6 Received Order, 1 Complaint, 5 Ex Parte Application, 8 Declaration in Support, 16 Declaration in Support, 12 Declaration in Support, 15 Declaration in Support, 10 Declaration in Support, 3 Summons Issued, 11 Declaration in Support, 9 Declaration in Support, 13 Declaration in Support, 4 Certificate of Interested Entities, 14 Declaration in Support (far, COURT STAFF) (Filed on 9/18/2009) (far, COURT STAFF). (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
18

ORDER RELATING CASE to C 06-4095 MHP; 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

PACER
19

CERTIFICATE OF SERVICE by California Alliance of Child and Family Services re 7 Memorandum in Support, 6 Received Order, 1 Complaint, 5 Ex Parte Application, 8 Declaration in Support, 16 Declaration in Support, 12 Declaration in Support, 15 Declaration in Support, 10 Declaration in Support, 2 ADR Scheduling Order, 3 Summons Issued, 11 Declaration in Support, 9 Declaration in Support, 17 Certificate of Service,, 13 Declaration in Support, 4 Certificate of Interested Entities, 14 Declaration in Support, Case Referred to ECF Service on Defendant John Wagner (Lopez, Jennifer) (Filed on 9/25/2009) (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

PACER
20

CERTIFICATE OF SERVICE by California Alliance of Child and Family Services re 7 Memorandum in Support, 6 Received Order, 1 Complaint, 5 Ex Parte Application, 8 Declaration in Support, 16 Declaration in Support, 12 Declaration in Support, 15 Declaration in Support, 10 Declaration in Support, 2 ADR Scheduling Order, 3 Summons Issued, 11 Declaration in Support, 9 Declaration in Support, 17 Certificate of Service,, 13 Declaration in Support, 4 Certificate of Interested Entities, 14 Declaration in Support, Case Referred to ECF Service on Defendant Gregory Rose (Lopez, Jennifer) (Filed on 9/25/2009) (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

PACER
21

Ex Parte Application FOR ORDER SETTING THE HEARING DATE FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE REGARDING PRELIMINARY INJUNCTION filed by California Alliance of Child and Family Services. (Attachments: # 1 Declaration of Craig A. Taggart in Support of Ex Parte Application, # 2 Certificate of Service)(Lopez, Jennifer) (Filed on 9/27/2009) (Entered: 09/27/2009)

1 Declaration of Craig A. Taggart in Support of Ex Parte Application

View on PACER

2 Certificate of Service

View on PACER

Sept. 27, 2009

Sept. 27, 2009

PACER
22

Memorandum in Opposition to Plaintiff's Ex Parte Application for Order Setting the Hearing Date for TRO, etc. filed byGregory Rose, John Wagner. (Prince, George) (Filed on 9/28/2009) (Entered: 09/28/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER

Case reassigned to Hon. Marilyn H. Patel. Hon. Vaughn R. Walker no longer assigned to the case. (ha, COURT STAFF) (Filed on 9/28/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER
23

NOTICE by Gregory Rose, John Wagner NOTICE OF REPRESENTATION (Attachments: # 1 Proof of Service)(Carson, Susan) (Filed on 9/29/2009) (Entered: 09/29/2009)

1 Proof of Service

View on PACER

Sept. 29, 2009

Sept. 29, 2009

PACER
24

CLERKS NOTICE: Motion Hearing re TRO/Preliminary Injunction set for 10/9/2009 02:30 PM in Courtroom 15, 18th Floor, San Francisco before the Hon. Marilyn Hall Patel (awb, COURT STAFF) (Filed on 9/29/2009) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

PACER
25

Memorandum in Opposition to Motion for TRO, etc, plus 1st of four declarations in support filed byGregory Rose, John Wagner. (Attachments: # 1 Affidavit)(Prince, George) (Filed on 10/5/2009) (Entered: 10/05/2009)

1 Affidavit

View on PACER

Oct. 5, 2009

Oct. 5, 2009

PACER
26

DECLARATION of Peter Cervinka iso opposition to mtn for TRO, etc. filed byGregory Rose, John Wagner. (Prince, George) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

PACER
27

DECLARATION of Cheryl Treadwell (part one of two-part dec) in Opposition to Mtn for TRO, etc. filed byGregory Rose, John Wagner. (Prince, George) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

PACER
28

Declaration of Cheryl Treadwell (part two of two-part dec) iso Opposition to Mtn for TRO filed byGregory Rose, John Wagner. (Prince, George) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

PACER
29

Declaration of Cora L. Dixon iso Opposition to Mtn for TRO, etc. filed byGregory Rose, John Wagner. (Prince, George) (Filed on 10/5/2009) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

PACER
30

NOTICE by California Alliance of Child and Family Services of filing of Supplemental Declaration of Doug Johnson in Support of Ex Parte Application for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction (Lopez, Jennifer) (Filed on 10/9/2009) (Entered: 10/09/2009)

Oct. 9, 2009

Oct. 9, 2009

PACER
31

Declaration of Doug Johnson SUPPLEMENTAL in Support of Ex Parte Application for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction filed byCalifornia Alliance of Child and Family Services. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Lopez, Jennifer) (Filed on 10/9/2009) (Entered: 10/09/2009)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

Oct. 9, 2009

Oct. 9, 2009

PACER
32

ERRATA re 31 Declaration in Support, of Ex Parte Application for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction by California Alliance of Child and Family Services. (Taggart, Craig) (Filed on 10/9/2009) (Entered: 10/09/2009)

Oct. 9, 2009

Oct. 9, 2009

PACER
33

Minute Entry: Temporary Restraining Order Hearing held on 10/9/2009 before Hon. Marilyn Hall Patel (Date Filed: 10/9/2009); Further Motion Hearing set for 10/29/2009 02:30 PM in Courtroom 15, 18th Floor, San Francisco. (Court Reporter Margo Garule.) (awb, COURT STAFF) (Date Filed: 10/9/2009) (Entered: 10/09/2009)

Oct. 9, 2009

Oct. 9, 2009

PACER
34

ANSWER to Complaint for Injunctive and Declaratory Relief byGregory Rose, John Wagner. (Prince, George) (Filed on 10/13/2009) (Entered: 10/13/2009)

Oct. 13, 2009

Oct. 13, 2009

PACER
35

Brief Response of CDSS to Supplemental Decl. of Doug Johnson filed byGregory Rose, John Wagner. (Attachments: # 1 Affidavit)(Prince, George) (Filed on 10/16/2009) (Entered: 10/16/2009)

1 Affidavit

View on PACER

Oct. 16, 2009

Oct. 16, 2009

PACER
36

Request for Judicial Notice re 35 Brief Response of CDSS to decl of Doug Johnson filed byGregory Rose, John Wagner. (Related document(s) 35 ) (Prince, George) (Filed on 10/16/2009) (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

PACER
37

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d in Support of EX PARTE APPLICATION for a Temporary Restraining Order and an Order to Show Cause Regarding Preliminary Injunction filed byCalifornia Alliance of Child and Family Services. (Related document(s) 7, 6, 5 ) (Taggart, Craig) (Filed on 10/21/2009) (Entered: 10/21/2009)

Oct. 21, 2009

Oct. 21, 2009

PACER
38

Transcript of Proceedings held on 10/09/09, before Judge MARILYN H. PATEL. Court Reporter/Transcriber Margaret "Margo" Gurule, Telephone number 415-504-4204 or margolargo@gmail.com. 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 1/19/2010. (mng, COURT STAFF) (Filed on 10/23/2009) (Entered: 10/23/2009)

Oct. 23, 2009

Oct. 23, 2009

PACER
39

Minute Entry: Motion Hearing re TRO held on 10/29/2009 before Marilyn Hall Patel (Date Filed: 10/29/2009). (Court Reporter Sahar McVickar) (ls, COURT STAFF) (Date Filed: 10/29/2009) (Entered: 10/30/2009)

Oct. 29, 2009

Oct. 29, 2009

PACER
40

Proposed Order re 5 Ex Parte Application for a Temporary Restraining Order and Order to Show Cause re Preliminary Injunction by California Alliance of Child and Family Services. (Lopez, Jennifer) (Filed on 11/2/2009) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
41

DECLARATION of Debra Williams in Response to Court's Request of October 29, 2009, etc. filed byGregory Rose, John Wagner. (Attachments: # 1 Exhibit, # 2 Exhibit)(Prince, George) (Filed on 11/2/2009) (Entered: 11/02/2009)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

Nov. 2, 2009

Nov. 2, 2009

PACER
42

Proposed Order Denying Application for TRO, etc. by Gregory Rose, John Wagner. (Prince, George) (Filed on 11/2/2009) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
43

Transcript of Proceedings held on 10/29/09, before Judge Marilyn Hall Patel. Court Reporter/Transcriber Sahar McVickar, CSR, RPR, Telephone number (415) 626-6060/sahar_mcvickar@cand.uscourts.gov. 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 1/29/2010. (McVickar, Sahar) (Filed on 11/3/2009) (Entered: 11/03/2009)

Nov. 3, 2009

Nov. 3, 2009

PACER
44

ERRATA re 41 Declaration in Opposition Letter to Judge Patel correcting incorrect number in declaration by Gregory Rose, John Wagner. (Prince, George) (Filed on 11/3/2009) (Entered: 11/03/2009)

Nov. 3, 2009

Nov. 3, 2009

PACER
45

TEMPORARY RESTRAINING ORDER and ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 11/13/2009 10:00 AM before the Hon. Marilyn Hall Patel; Signed by Judge Marilyn Hall Patel on 11/4/2009. (awb, COURT STAFF) (Filed on 11/4/2009) (Entered: 11/04/2009)

Nov. 4, 2009

Nov. 4, 2009

RECAP
46

NOTICE by California Alliance of Child and Family Services of Motion for Preliminary Injunction (Lopez, Jennifer) (Filed on 11/4/2009) (Entered: 11/04/2009)

Nov. 4, 2009

Nov. 4, 2009

PACER
47

MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support Thereof filed by California Alliance of Child and Family Services. Motion Hearing set for 11/13/2009 10:00 AM in Courtroom 15, 18th Floor, San Francisco. (Lopez, Jennifer) (Filed on 11/4/2009) (Entered: 11/04/2009)

Nov. 4, 2009

Nov. 4, 2009

PACER
48

Proposed Order re 47 MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support Thereof by California Alliance of Child and Family Services. (Lopez, Jennifer) (Filed on 11/4/2009) (Entered: 11/04/2009)

Nov. 4, 2009

Nov. 4, 2009

PACER
49

STIPULATION re 34 Answer to Complaint by California Alliance of Child and Family Services. (Attachments: # 1 Proposed Order)(Taggart, Craig) (Filed on 11/5/2009) (Entered: 11/05/2009)

1 Proposed Order

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Nov. 5, 2009

Nov. 5, 2009

PACER
50

STIPULATION AND ORDER extending time to 12/7/2009 for plaintiffs to file motion to strike; Signed by Judge Marilyn Hall Patel on 11/6/2009. (awb, COURT STAFF) (Filed on 11/6/2009) (Entered: 11/06/2009)

Nov. 6, 2009

Nov. 6, 2009

RECAP
51

Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction filed byGregory Rose, John Wagner. (Prince, George) (Filed on 11/9/2009) (Entered: 11/09/2009)

Nov. 9, 2009

Nov. 9, 2009

PACER
52

AFFIDAVIT in Opposition to Plaintiff's Motion for Preliminary Injunction filed byGregory Rose, John Wagner. (Prince, George) (Filed on 11/10/2009) (Entered: 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

PACER
53

ERRATA letter to Judge Patel by Gregory Rose, John Wagner. (Prince, George) (Filed on 11/10/2009) (Entered: 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

PACER
54

Reply Memorandum re 47 MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support Thereof filed byCalifornia Alliance of Child and Family Services. (Lopez, Jennifer) (Filed on 11/11/2009) (Entered: 11/11/2009)

Nov. 11, 2009

Nov. 11, 2009

PACER
55

Proposed Order re 47 MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support Thereof (REVISED PROPOSED ORDER) by California Alliance of Child and Family Services. (Lopez, Jennifer) (Filed on 11/11/2009) (Entered: 11/11/2009)

Nov. 11, 2009

Nov. 11, 2009

PACER
56

Minute Entry: Preliminary Injunction Hearing held on 11/13/2009 before Hon. Marilyn Hall Patel (Date Filed: 11/13/2009); Courts orders that TRO to remain in place as a preliminary injunction; Further briefing due 12/2/09; Responses due 12/9/09; Further Case Management Conference set for 1/11/2010 03:00 PM in Courtroom 15, 18th Floor, San Francisco, with a joint CMC statement to be filed by 1/4/2010(Court Reporter Lydia Zinn.) (awb, COURT STAFF) (Date Filed: 11/13/2009) (Entered: 11/13/2009)

Nov. 13, 2009

Nov. 13, 2009

PACER
57

MEMORANDUM AND ORDER by Judge Marilyn Hall Patel granting 47 plaintiff's Motion for Preliminary Injunction (awb, COURT STAFF) (Filed on 11/18/2009) (Entered: 11/18/2009)

Nov. 18, 2009

Nov. 18, 2009

RECAP
59

NOTICE OF APPEAL as to 57 Order on Motion for Preliminary Injunction by Gregory Rose, John Wagner. Filing fee $ 455.00. Receipt Number 34611039167. (Attachments: # 1 Civil Appeals Docketing Statement) (gba, COURT STAFF) (Filed on 11/19/2009) (Additional attachment(s) added on 11/24/2009: # 2 Memorandum and Order) (gba, COURT STAFF). (Entered: 11/24/2009)

1 Civil Appeals Docketing Statement

View on PACER

2 Memorandum and Order

View on PACER

Nov. 19, 2009

Nov. 19, 2009

PACER
58

Transcript of Proceedings held on 11/13/2009, before Judge William Alsup. Court Reporter/Transcriber Lydia Zinn, Telephone number (415) 531-6587. 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 2/18/2010. (Zinn, Lydia) (Filed on 11/23/2009) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER
60

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 59 Notice of Appeal (gba, COURT STAFF) (Filed on 11/24/2009) (Additional attachment(s) added on 11/24/2009: # 1 Notice of Appeal Notification Form) (gba, COURT STAFF). (Additional attachment(s) added on 11/24/2009: # 2 Docket Sheet) (gba, COURT STAFF). (Entered: 11/24/2009)

1 Notice of Appeal Notification Form

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2 Docket Sheet

View on PACER

Nov. 24, 2009

Nov. 24, 2009

PACER
61

RESPONSE to Directive re: Retroactivity and Substantial Conformity by Gregory Rose, John Wagner. (Attachments: # 1 Affidavit)(Prince, George) (Filed on 11/25/2009) (Entered: 11/25/2009)

1 Affidavit

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Nov. 25, 2009

Nov. 25, 2009

PACER
62

Amended ANSWER to Complaint byGregory Rose, John Wagner. (Prince, George) (Filed on 12/7/2009) (Entered: 12/07/2009)

Dec. 7, 2009

Dec. 7, 2009

PACER
63

Response re 57 Order on Motion for Preliminary Injunction Submission Re: State's Plan for Determining Amount of Foster Care Maintenance Payments for Group Homes byGregory Rose, John Wagner. (Prince, George) (Filed on 12/9/2009) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

PACER
64

RESPONSE to re 61 Response ( Non Motion ) to Defendants' Submission Regarding Retroactivity by California Alliance of Child and Family Services. (Lopez, Jennifer) (Filed on 12/9/2009) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

PACER
65

Declaration of Craig Taggart in Support of 64 Response ( Non Motion ) filed byCalifornia Alliance of Child and Family Services. (Related document(s) 64 ) (Lopez, Jennifer) (Filed on 12/9/2009) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

PACER
66

RESPONSE to re 63 Response and Objection to Defendants' Plan Filed on December 9, 2009 by California Alliance of Child and Family Services. (Lopez, Jennifer) (Filed on 12/15/2009) (Entered: 12/15/2009)

Dec. 15, 2009

Dec. 15, 2009

PACER
67

ORDER RE SCOPE OF PRELIMINARY INJUNCTION; Signed by Judge Marilyn Hall Patel on 12/18/2009. (awb, COURT STAFF) (Filed on 12/18/2009) (Entered: 12/18/2009)

Dec. 18, 2009

Dec. 18, 2009

RECAP
68

AMENDED NOTICE OF APPEAL by Gregory Rose, John Wagner Defendants' Appeal of December 18, 2009 Order Re: Scope of Preliminary Injunction. Filing fee $ 455. Appeal Record due by 1/28/2010. (Prince, George) (Filed on 12/29/2009) (Entered: 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

PACER
69

CASE MANAGEMENT STATEMENT Joint Case Management Conference Statement filed by Gregory Rose, John Wagner. (Prince, George) (Filed on 1/4/2010) (Entered: 01/04/2010)

Jan. 4, 2010

Jan. 4, 2010

PACER
70

USCA Case Number 09-17649 for 59 Notice of Appeal, filed by John Wagner, Gregory Rose. (gba, COURT STAFF) (Filed on 1/5/2010) (Entered: 01/05/2010)

Jan. 5, 2010

Jan. 5, 2010

PACER
71

ORDER of USCA as to 59 Notice of Appeal, filed by John Wagner, Gregory Rose, 68 Amended Notice of Appeal filed by John Wagner, Gregory Rose (gba, COURT STAFF) (Filed on 1/6/2010) (Entered: 01/06/2010)

Jan. 6, 2010

Jan. 6, 2010

PACER
72

Minute Entry: Further Case Management Conference held on 1/11/2010 before Hon. Marilyn Hall Patel (Date Filed: 1/11/2010); Proposed compliance schedule to be submitted by 1/15/2010; Responses due by 1/29/2010; Replies due by 2/5/2010; Further hearing set for 2/22/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Court Reporter Connie Kuhl.) (awb, COURT STAFF) (Date Filed: 1/11/2010) (Entered: 01/12/2010)

Jan. 11, 2010

Jan. 11, 2010

PACER

***Deadlines terminated. (gba, COURT STAFF) (Filed on 1/13/2010)

Jan. 13, 2010

Jan. 13, 2010

PACER
73

Proposed Order Proposed Judgment for Plaintiff in Alliance v. Allenby, Case No. CV06-4095 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

PACER
74

Minute Entry: Status Conference re USCA Compliance held on 2/22/2010 before the Hon. Marilyn Hall Patel (Date Filed: 2/22/2010). (Court Reporter Connie Kuhl.) (awb, COURT STAFF) (Date Filed: 2/22/2010) (Entered: 02/23/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER

***Deadlines terminated. (gba, COURT STAFF) (Filed on 2/24/2010)

Feb. 24, 2010

Feb. 24, 2010

PACER

***Deadlines terminated. (gba, COURT STAFF) (Filed on 3/1/2010)

March 1, 2010

March 1, 2010

PACER
75

NOTICE of Appearance by Andrew B. Ellsworth (Ellsworth, Andrew) (Filed on 4/5/2010) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
76

Minute Entry: Motion Hearing held on 4/19/2010 before Hon. Marilyn Hall Patel (Date Filed: 4/19/2010) re Plaintiff's motion for attorneys' fees and costs (Court Reporter Belle Ball.) (awb, COURT STAFF) (Date Filed: 4/19/2010) (Entered: 04/19/2010)

April 19, 2010

April 19, 2010

PACER
77

Transcript of Proceedings held on 2-22-2010, before Judge Marilyn Hall Patel. Court Reporter/Transcriber Connie Kuhl, Telephone number 415-431-2020. 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 7/26/2010. (ck, COURT STAFF) (Filed on 4/27/2010) (Entered: 04/27/2010)

April 27, 2010

April 27, 2010

PACER
78

ORDER of USCA as to 59 Notice of Appeal, filed by John Wagner, Gregory Rose (gba, COURT STAFF) (Filed on 9/28/2010) (Entered: 09/28/2010)

Sept. 28, 2010

Sept. 28, 2010

PACER
79

ORDER of USCA as to 59 Notice of Appeal, filed by John Wagner, Gregory Rose (gba, COURT STAFF) (Filed on 10/7/2010) (Entered: 10/07/2010)

Oct. 7, 2010

Oct. 7, 2010

PACER

***Deadlines terminated. Release of Transcript Restriction date of 07/26/2010 Date Terminated 77 Transcript. (gba, COURT STAFF) (Filed on 10/13/2010)

Oct. 13, 2010

Oct. 13, 2010

PACER
80

USCA Memorandum as to 59 Notice of Appeal, filed by John Wagner, Gregory Rose (gba, COURT STAFF) (Filed on 4/8/2011) (Entered: 04/08/2011)

April 8, 2011

April 8, 2011

PACER
81

MANDATE of USCA as to 59 Notice of Appeal, filed by John Wagner, Gregory Rose, 68 Amended Notice of Appeal filed by John Wagner, Gregory Rose (gba, COURT STAFF) (Filed on 5/5/2011) (Entered: 05/05/2011)

May 5, 2011

May 5, 2011

PACER
82

CLERKS Letter Spreading Mandate to Counsel (gba, COURT STAFF) (Filed on 5/5/2011) (Entered: 05/05/2011)

May 5, 2011

May 5, 2011

PACER
83

Proposed Order PROPOSED JUDGMENT by California Alliance of Child and Family Services. (Taggart, Craig) (Filed on 5/23/2011) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

PACER
84

Proposed Order PROPOSED JUDGMENT by California Alliance of Child and Family Services. (Taggart, Craig) (Filed on 5/27/2011) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
85

JUDGMENT: Signed by Judge Marilyn Hall Patel on 6/1/2011. (awb, COURT STAFF) (Filed on 6/1/2011) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

RECAP
86

BILL OF COSTS by California Alliance of Child and Family Services. (Attachments: # 1 Supplement Spreadsheet)(Taggart, Craig) (Filed on 6/15/2011) (Entered: 06/15/2011)

1 Supplement Spreadsheet

View on PACER

June 15, 2011

June 15, 2011

PACER
87

MOTION for Attorney Fees filed by California Alliance of Child and Family Services. Motion Hearing set for 7/25/2011 02:00 PM in Courtroom 15, 18th Floor, San Francisco before Hon. Marilyn H. Patel. Responses due by 6/29/2011. Replies due by 7/6/2011. (Attachments: # 1 Affidavit Declaration of Craig A. Taggart, # 2 Affidavit Declaration of William F. Abrams and Exhibits thereto)(Taggart, Craig) (Filed on 6/15/2011) (Entered: 06/15/2011)

1 Affidavit Declaration of Craig A. Taggart

View on PACER

2 Affidavit Declaration of William F. Abrams and Exhibits thereto

View on PACER

June 15, 2011

June 15, 2011

PACER
88

RESPONSE (re 87 MOTION for Attorney Fees ) Opposition to Plaintiff's Motion for Attorneys' Fees filed byGregory Rose, John Wagner. (Prince, George) (Filed on 6/28/2011) (Entered: 06/28/2011)

June 28, 2011

June 28, 2011

PACER
89

REPLY (re 87 MOTION for Attorney Fees ) in Support of Motion for Attorneys' Fees filed byCalifornia Alliance of Child and Family Services. (Attachments: # 1 Affidavit)(Taggart, Craig) (Filed on 7/1/2011) (Entered: 07/01/2011)

1 Affidavit

View on PACER

July 1, 2011

July 1, 2011

PACER
90

ORDER of USCA as to 68 Amended Notice of Appeal filed by John Wagner, Gregory Rose (gba, COURT STAFF) (Filed on 7/1/2011) (Entered: 07/01/2011)

July 1, 2011

July 1, 2011

PACER
91

ORDER of USCA as to 59 Notice of Appeal, filed by John Wagner, Gregory Rose, 68 Amended Notice of Appeal filed by John Wagner, Gregory Rose (gba, COURT STAFF) (Filed on 7/1/2011) (Entered: 07/01/2011)

July 1, 2011

July 1, 2011

PACER
92

CLERKS NOTICE submitting plaintiffs' motion for attorneys' fees and costs on the papers; Hearing date of 7/25/2011 vacated. (awb, COURT STAFF) (Filed on 7/8/2011) (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

PACER
93

MEMORANDUM AND ORDER by Judge Marilyn Hall Patel granting 87 plaintiff's Motion for Attorney Fees; Plaintiff is awarded $328,048.83 in attorneys' fees and $1309.80 in costs for a total of $329,358.63. Defendants shall remit the total amount to counsel for plaintiff within sixty (60) days of the date of this order. (awb, COURT STAFF) (Filed on 7/15/2011) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

RECAP

Case Details

State / Territory: California

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 18, 2009

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A private non-profit membership organization that, among other things, represents the interests of group homes and the foster children for whom they provide care and supervision.

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)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Foster care (benefits, training)

Funding