Case: Gray Panthers v. Schwarzenegger

4:09-cv-02307 | U.S. District Court for the Northern District of California

Filed Date: May 26, 2009

Closed Date: Oct. 29, 2009

Clearinghouse coding complete

Case Summary

On May 26th, 2009, the San Francisco Gray Panthers filed a lawsuit under the Supremacy Clause against Governor Arnold Schwarzenegger and Michael E. Genest, the Director of Finance of the State of California, along with other government officials. The lawsuit was filed in the Northern District of California. The plaintiffs, represented by an attorney from the Medicaid Defense Fund and private counsel, were made up of individuals and the following groups: the Gray Panthers of San Francisco, Indep…

On May 26th, 2009, the San Francisco Gray Panthers filed a lawsuit under the Supremacy Clause against Governor Arnold Schwarzenegger and Michael E. Genest, the Director of Finance of the State of California, along with other government officials. The lawsuit was filed in the Northern District of California. The plaintiffs, represented by an attorney from the Medicaid Defense Fund and private counsel, were made up of individuals and the following groups: the Gray Panthers of San Francisco, Independent Living Center of Southern California, Inc., and LifeLong Medical Care.

Plaintiffs sought an injunction to halt implemention of the California Welfare & Institutions Code § 14131.10, arguing it was preempted under the Supremacy Clause. Specifically, Plaintiffs claimed that the California law would eliminate federal healthcare benefits for eligible recipients, including adult dental services, acupuncture services, audiology services, speech therapy services, chiropractic services, optometric and optician services, podiatric services, psychology services, and incontinence creams and washes.

Plaintiffs argued that money the State received pursuant to the American Recovery and Reinvestment Act of 2009 should be spent to maintain these healthcare services for recipients, rather than added to the general budget.

On July 1st, 2009, plaintiffs moved for a preliminary injunction to stop the state of California from implementing the California Welfare and Institutions Code § 14131.10.

On July 15th, 2009, defendants filed a motion to dismiss, arguing the Cal. Welf. & Inst. Code did not conflict with the relevant ARRA provisions and that the ARRA provisions were not privately enforceable.

On September 1st, 2009, the Northern District Court (Judge Phyllis J. Hamilton) ruled in favor of defendants' motion to dismiss. Judge Hamilton reasoned that state officials are guaranteed immunity from lawsuit in federal court by the Eleventh Amendment. The court also reasoned that the sections of ARRA plaintiffs brought to the case were "not at issue" in the case. Gray Panthers v. Schwarzenegger. (N.D. Cal. 2009).

The same day, Judge Hamilton denied plaintiffs' motion for preliminary injunction. The court found that plaintiffs failed to show a likelihood of success on their merits. Judge Hamilton reasoned that ARRA Title V "contains no express statement of intent to preempt state law." The court reasoned that § 5000(a) does not create an obligation for states to halt cuts to Medicaid programs, but rather that the enhanced FMAP payments are meant to "help avert" cuts. Gray Panthers v. Schwarzenegger, (N.D. Cal. 2009).

After the case was decided, the Services Employees International Union (SEIU) moved to file an amicus brief to support the emergency motion of the plaintiffs. This motion was denied. Judge Hamilton also denied the emergency motion filed by plaintiffs for a stay pending appeal on October 22nd, 2009.

On October 29th, 2009, Judge Hamilton entered an order dismissing the complaint with prejudice. (Other similar cases, like V.L. v. Wagner, continue to be brought to courts in California challenging the budget cuts affecting benefits for disabled and elderly people.)

Summary Authors

Julianne Nowicki (4/14/2010)

Related Cases

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

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5864533/parties/gray-panthers-of-san-francisco-v-schwarzenegger/


Judge(s)

Fletcher, William A. (California)

Hamilton, Phyllis Jean (California)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Carman, Lynn S. (California)

Friedman, Stanley Lester (California)

Sandoval, Jessie M. (California)

Attorneys(s) for Defendant

Brown, Edmund G. Jr. (California)

Powell, Daniel J (California)

Schwartz, Karin S. (California)

Sondheimer, Joshua N. (California)

Judge(s)

Fletcher, William A. (California)

Hamilton, Phyllis Jean (California)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Carman, Lynn S. (California)

Friedman, Stanley Lester (California)

Sandoval, Jessie M. (California)

Attorneys(s) for Defendant

Brown, Edmund G. Jr. (California)

Powell, Daniel J (California)

Schwartz, Karin S. (California)

Sondheimer, Joshua N. (California)

Expert/Monitor/Master

Reinhardt, Stephen Roy (California)

Documents in the Clearinghouse

Document

4:09-cv-02307

Docket

Jan. 12, 2010

Jan. 12, 2010

Docket
1

4:09-cv-02307

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

May 26, 2009

May 26, 2009

Complaint
4

4:09-cv-02307

FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

June 30, 2009

June 30, 2009

Complaint
5

4:09-cv-02307

PLAINTIFFS' NOTICE OF MOTION, AND MOTION FOR PRELIMINARY INJUNCTION; AND MEMORANDUM IN SUPPORT OF PRELIMINARY INJUNCTION

July 1, 2009

July 1, 2009

Pleading / Motion / Brief
22

4:09-cv-02307

DEFENDANT MAXWELL-JOLLY’S NOTICE OF MOTION AND MOTION TO DISMISS (Fed. R. Civ. P. 12(B)(1) & (6)), AND SUPPORTING MEMORANDUM

July 15, 2009

July 15, 2009

Pleading / Motion / Brief
32

4:09-cv-02307

CERTAIN DEFENDANTS’ MOTION TO DISMISS (Fed. R. Civ. P. 12(B)(1) & (6)), AND SUPPORTING MEMORANDUM

July 27, 2009

July 27, 2009

Pleading / Motion / Brief
59

4:09-cv-02307

ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION; ORDER GRANTING MOTION TO DISMISS

2009 WL 2880555

Sept. 1, 2009

Sept. 1, 2009

Order/Opinion
58

4:09-cv-02307

ORDER GRANTING MOTION TO DISMISS

2009 WL 2880486

Sept. 1, 2009

Sept. 1, 2009

Order/Opinion
79

4:09-cv-02307

Order Denying Emergency Motion

Oct. 16, 2009

Oct. 16, 2009

Order/Opinion
80

4:09-cv-02307

Order Denying Emergency Motion Pursuant for a Stay Pending Appeal

Oct. 22, 2009

Oct. 22, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5864533/gray-panthers-of-san-francisco-v-schwarzenegger/

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

ECF Number Description Date Link Date / Link
21

ORDER SETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Phyllis J. Hamilton on 7/14/09. (nah, COURT STAFF) (Filed on 7/14/2009)

July 14, 2009

July 14, 2009

RECAP
1

COMPLAINT; summons issued against Michael E. Genest, Arnold Schwarzenegger, Kim Belshe, David Maxwell−Jolly, John Chiang, Bill Lockyer (Filing fee $ 350, receipt number 34611032474). Filed by Gray Panthers of San Francisco, Mark Beckwith. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(slh, COURT STAFF) (Filed on 5/26/2009) (Entered: 06/01/2009)

May 26, 2009

May 26, 2009

58

ORDER by Judge Hamilton granting 32 Motion to Dismiss (pjhlc1, COURT STAFF) (Filed on 9/1/2009)

Sept. 1, 2009

Sept. 1, 2009

RECAP
2

Disclosure of Non−Party Interested Entities or Persons by Gray Panthers of San Francisco, Mark Beckwith (slh, COURT STAFF) (Filed on 5/26/2009) (Entered: 06/01/2009)

May 26, 2009

May 26, 2009

59

ORDER by Judge Hamilton denying 5 Motion for Preliminary Injunction; granting 22 Motion to Dismiss (pjhlc1, COURT STAFF) (Filed on 9/1/2009)

Sept. 1, 2009

Sept. 1, 2009

RECAP
3

ADR SCHEDULING ORDER: Case Management Statement due by 8/26/2009. Case Management Conference set for 9/2/2009 01:30 PM. (Attachments: # 1 EMC Standing Order) (slh, COURT STAFF). (Entered: 06/01/2009)

May 26, 2009

May 26, 2009

63

STIPULATION AND ORDER RE SEPTEMBER 17, 2009 CASE MANAGEMENT CONFERENCE re 62 Stipulation, filed by Mark Beckwith, LifeLong Medical Center, Independent Living Center of Southern Caifornia, Inc., Gray Panthers of San Francisco, California Foundation for Independent Living Centers, Margaret Dowling. Signed by Judge Phyllis J. Hamilton on 9/10/09. (nah, COURT STAFF) (Filed on 9/10/2009)

Sept. 10, 2009

Sept. 10, 2009

RECAP

CASE DESIGNATED for Electronic Filing. (slh, COURT STAFF) (Filed on 5/26/2009) (Entered: 06/01/2009)

May 26, 2009

May 26, 2009

4

AMENDED COMPLAINT against Kim Belshe, John Chiang, Michael E. Genest, Bill Lockyer, David Maxwell−Jolly, Arnold Schwarzenegger. Filed byMark Beckwith, Gray Panthers of San Francisco, LifeLong Medical Center, Margaret Dowling, Independent Living Center of Southern Caifornia, Inc., California Foundation for Independent Living Centers. (Carman, Lynn) (Filed on 6/30/2009) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

5

MOTION for Preliminary Injunction TO ENJOIN ELIMINATION OF 9 MEDICAID SERVICES IN VIOLATION OF STIMULUS ACT filed by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center. Motion Hearing set for 8/5/2009 10:30 AM in Courtroom C, 15th Floor, San Francisco. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement, # 4 Supplement, # 5 Supplement, # 6 Supplement, # 7 Supplement)(Carman, Lynn) (Filed on 7/1/2009) (Entered: 07/01/2009)

July 1, 2009

July 1, 2009

6

NOTICE by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center re 5 MOTION for Preliminary Injunction TO ENJOIN ELIMINATION OF 9 MEDICAID SERVICES IN VIOLATION OF STIMULUS ACT NOTICE OF PROPSED ORDER (Carman, Lynn) (Filed on 7/2/2009) (Entered: 07/02/2009)

July 2, 2009

July 2, 2009

7

NOTICE by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center RULE 3−16 DISCLOSURE (Carman, Lynn) (Filed on 7/2/2009) (Entered: 07/02/2009)

July 2, 2009

July 2, 2009

9

NOTICE by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center CONSENT TO MAGISTRATE JUDGE (Carman, Lynn) (Filed on 7/6/2009) (Entered: 07/06/2009)

July 6, 2009

July 6, 2009

10

First Declination to Proceed Before a U.S. Magistrate Judge by David Maxwell−Jolly. (Schwartz, Karin) (Filed on 7/7/2009) (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

11

NOTICE by David Maxwell−Jolly of Unavailability of Counsel (Schwartz, Karin) (Filed on 7/7/2009) (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

12

NOTICE by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center re 5 MOTION for Preliminary Injunction TO ENJOIN ELIMINATION OF 9 MEDICAID SERVICES IN VIOLATION OF STIMULUS ACT NOTICE TO CONTINUE HEARING TO AUG. 12, 2009 (Carman, Lynn) (Filed on 7/7/2009) (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

13

NOTICE by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center AMENDED CONSENT TO MAGISTRATE JUDGE (Carman, Lynn) (Filed on 7/7/2009) (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

14

AFFIDAVIT of Service for SUMMONS AND ALL MOVING PAPERS served on ALL DEFENDANTS on 7/6/09, filed by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center. (Carman, Lynn) (Filed on 7/7/2009) (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

15

Ex Parte Application WITH REQUEST FOR JUDICIAL NOTICE filed by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center. (Attachments: # 1 Exhibit, # 2 Supplement, # 3 Exhibit, # 4 Proposed Order)(Carman, Lynn) (Filed on 7/8/2009) (Entered: 07/08/2009)

July 8, 2009

July 8, 2009

16

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (bpfS, COURT STAFF) (Filed on 7/8/2009) (Entered: 07/08/2009)

July 8, 2009

July 8, 2009

17

ERRATA TO SET FORTH CORRECT EXHIBIT 1 TO EX PARTE REQUESTS OF PLAINTIFFS by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center. (Carman, Lynn) (Filed on 7/9/2009) (Entered: 07/09/2009)

July 9, 2009

July 9, 2009

18

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Phyllis J. Hamilton for all further proceedings. Judge Magistrate Judge Edward M. Chen no longer assigned to the case. Signed by Executive Committee on 7/9/09. (mab, COURT STAFF) (Filed on 7/9/2009) (Entered: 07/09/2009)

July 9, 2009

July 9, 2009

19

Reply Memorandum re 15 Ex Parte Application WITH REQUEST FOR JUDICIAL NOTICE filed byDavid Maxwell−Jolly. (Schwartz, Karin) (Filed on 7/9/2009) (Entered: 07/09/2009)

July 9, 2009

July 9, 2009

20

ORDER by Judge Hamilton denying 15 Ex Parte Application (pjhlc1, COURT STAFF) (Filed on 7/10/2009) (Entered: 07/10/2009)

July 10, 2009

July 10, 2009

22

MOTION to Dismiss the Complaint filed by David Maxwell−Jolly. Motion Hearing set for 8/19/2009 09:00 PM in Courtroom 5, 17th Floor, San Francisco. (Schwartz, Karin) (Filed on 7/15/2009) (Entered: 07/15/2009)

July 15, 2009

July 15, 2009

23

Request for Judicial Notice re 22 MOTION to Dismiss the Complaint filed byDavid Maxwell−Jolly. (Related document(s) 22 ) (Schwartz, Karin) (Filed on 7/15/2009) (Entered: 07/15/2009)

July 15, 2009

July 15, 2009

24

Proposed Order re 22 MOTION to Dismiss the Complaint by David Maxwell−Jolly. (Schwartz, Karin) (Filed on 7/15/2009) (Entered: 07/15/2009)

July 15, 2009

July 15, 2009

25

Memorandum in Opposition re 5 MOTION for Preliminary Injunction TO ENJOIN ELIMINATION OF 9 MEDICAID SERVICES IN VIOLATION OF STIMULUS ACT filed byDavid Maxwell−Jolly. (Schwartz, Karin) (Filed on 7/26/2009) (Entered: 07/26/2009)

July 26, 2009

July 26, 2009

26

Declaration of Barbara Bailey in Support of 25 Memorandum in Opposition to Motion for Preliminary Injunction filed byDavid Maxwell−Jolly. (Related document(s) 25 ) (Schwartz, Karin) (Filed on 7/26/2009) (Entered: 07/26/2009)

July 26, 2009

July 26, 2009

27

Declaration of Michael C. Genest in Support of 25 Memorandum in Opposition to Motion for Preliminary Injunction filed byDavid Maxwell−Jolly. (Related document(s) 25 ) (Schwartz, Karin) (Filed on 7/26/2009) (Entered: 07/26/2009)

July 26, 2009

July 26, 2009

28

Request for Judicial Notice re 25 Memorandum in Opposition to Motion for Preliminary Injunction filed byDavid Maxwell−Jolly. (Attachments: # 1 Exhibit, # 2 Exhibit)(Related document(s) 25 ) (Schwartz, Karin) (Filed on 7/26/2009) (Entered: 07/26/2009)

July 26, 2009

July 26, 2009

29

Declaration of Toby Douglas in Support of 25 Memorandum in Opposition to Motion for Preliminary Injunction filed byDavid Maxwell−Jolly. (Attachments: # 1 Errata, # 2 Exhibit, # 3 Exhibit)(Related document(s) 25 ) (Schwartz, Karin) (Filed on 7/26/2009) (Entered: 07/26/2009)

July 26, 2009

July 26, 2009

30

Letter from Karin Schwartz re E−Filing of Defendant Maxwell−Jolly's Opposition to Motion for Preliminary Injunction . (Schwartz, Karin) (Filed on 7/27/2009) (Entered: 07/27/2009)

July 27, 2009

July 27, 2009

31

Answer to Amended Complaint For Injunctive and Declaratory Relief byJohn Chiang. (Powell, Daniel) (Filed on 7/27/2009) (Entered: 07/27/2009)

July 27, 2009

July 27, 2009

32

MOTION to Dismiss (Fed. R. Civ. P. 12(b)(1) &(6) filed by Kim Belshe, Michael E. Genest, Bill Lockyer, Arnold Schwarzenegger. Motion Hearing set for 9/2/2009 09:00 AM in Courtroom 5, 17th Floor, San Francisco. (Sondheimer, Joshua) (Filed on 7/27/2009) (Entered: 07/27/2009)

July 27, 2009

July 27, 2009

33

Joinder −−CONDITIONAL−−TO DEFENDANT MAXWELL−JOLLYS MOTION TO DISMISS AND DEFENDANTS OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION by Arnold Schwarzenegger. (Sondheimer, Joshua) (Filed on 7/27/2009) (Entered: 07/27/2009)

July 27, 2009

July 27, 2009

34

Proposed Order Granting Motion to Dismiss by Kim Belshe, Michael E. Genest, Bill Lockyer, Arnold Schwarzenegger. (Sondheimer, Joshua) (Filed on 7/27/2009) (Entered: 07/27/2009)

July 27, 2009

July 27, 2009

35

NOTICE by Kim Belshe, Michael E. Genest, Bill Lockyer, Arnold Schwarzenegger Of Unavailability of Counsel (Sondheimer, Joshua) (Filed on 7/30/2009) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

36

Memorandum in Opposition TO MOTION TO DISMISS filed byMark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center. (Carman, Lynn) (Filed on 8/1/2009) (Entered: 08/02/2009)

Aug. 1, 2009

Aug. 1, 2009

38

NOTICE by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center OF WITHDRAWAL OF PRELIMINARY INJUNCTION MOTION IN RESPECT TO THIRD CLAIM FOR RELIEF, ONLY (Attachments: # 1 Exhibit EXHIBITS A, B)(Carman, Lynn) (Filed on 8/5/2009) (Entered: 08/05/2009)

Aug. 5, 2009

Aug. 5, 2009

39

Reply Memorandum re 22 MOTION to Dismiss the Complaint filed byDavid Maxwell−Jolly. (Schwartz, Karin) (Filed on 8/5/2009) (Entered: 08/05/2009)

Aug. 5, 2009

Aug. 5, 2009

40

Reply Memorandum WITH SUPPLENTAL REQUEST FOR JUDICIAL NOTICE filed byMark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center. (Attachments: # 1 SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE, # 2 EXHIBITS A, B)(Carman, Lynn) (Filed on 8/5/2009) (Entered: 08/05/2009)

Aug. 5, 2009

Aug. 5, 2009

41

NOTICE by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center CORRECTION OF ERRATA IN SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE (Attachments: # 1 CORRECTION OF ERRATA)(Carman, Lynn) (Filed on 8/6/2009) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

42

OBJECTIONS to re 40 Reply Memorandum, filed by Plaintiffs on August 5, 2009 by David Maxwell−Jolly. (Schwartz, Karin) (Filed on 8/6/2009) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

43

Consent MOTION for Leave to File Supplementary Material in Opposition to Motion for Preliminary Injunction filed by David Maxwell−Jolly. Motion Hearing set for 8/19/2009 09:00 AM in Courtroom 5, 17th Floor, San Francisco. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Schwartz, Karin) (Filed on 8/7/2009) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

44

NOTICE by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center NOTICE OF NON−OBJECTION TO A FURTHER MEMORANDUM BY DEFENDANTS IN RESPECT TO DEFENDANTS' NEW MATTER OBJECTION FILED AUGUST 6, 2009 (Attachments: # 1 Exhibit EXHIBIT A)(Carman, Lynn) (Filed on 8/8/2009) (Entered: 08/08/2009)

Aug. 8, 2009

Aug. 8, 2009

45

NOTICE by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center NOITICE OF ASSOCIATION OF CO−COUNSEL (Carman, Lynn) (Filed on 8/10/2009) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

46

NOTICE by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center APPEARANCE OF STANLEY L. FRIEDMAN AS A CO−COUNSEL (Carman, Lynn) (Filed on 8/10/2009) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

47

NOTICE by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center JESSIE M. SANDOVAL APPEARANCE AS A CO−COUNSELE (Carman, Lynn) (Filed on 8/10/2009) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

49

EX PARTE REQUEST FOR LYNN S. CARMAN TO USE EAR PHONES AT AUGUST 19, 2009 HEARING by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center (Carman, Lynn) (Filed on 8/13/2009) Modified on 8/17/2009 (far, COURT STAFF). (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

50

ORDER by Judge Phyllis J. Hamilton granting 43 Motion for Leave to File (nah, COURT STAFF) (Filed on 8/14/2009) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

51

NOTICE by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center STIPULATION TO DISMISS DEFENDANTS KIM BELSHE AND MICHAEL E. GENEST (Carman, Lynn) (Filed on 8/17/2009) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

52

NOTICE by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center STIPULATION TO DISMISS 3D CLAIM FOR RELIEF, ONLY, AGAINST DEFENDANT JOHN CHIANG, ONLY (Carman, Lynn) (Filed on 8/17/2009) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

53

NOTICE of Voluntary Dismissal OF DEFENDANTS KIM BELSHE AND MICHAEL E. GENEST, ONLY by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center (Carman, Lynn) (Filed on 8/17/2009) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

54

Reply to Opposition REPLY IN SUPPORT OF GOVERNOR SCWHARZENEGGER AND TREASURER LOCKYER'S MOTION TO DISMISS filed byBill Lockyer, Arnold Schwarzenegger. (Sondheimer, Joshua) (Filed on 8/18/2009) (Entered: 08/18/2009)

Aug. 18, 2009

Aug. 18, 2009

55

Minute Entry: Motion Hearing held on 8/19/2009 before Phyllis J. Hamilton (Date Filed: 8/19/2009) re 5 MOTION for Preliminary Injunction TO ENJOIN ELIMINATION OF 9 MEDICAID SERVICES IN VIOLATION OF STIMULUS ACT filed by Mark Beckwith, LifeLong Medical Center, Independent Living Center of Southern Caifornia, Inc., Gray Panthers of San Francisco, California Foundation for Independent Living Centers, Margaret Dowling, 22 MOTION to Dismiss the Complaint filed by David Maxwell−Jolly. (Court Reporter Katherine Sullivan.) (nah, COURT STAFF) (Date Filed: 8/19/2009) (Entered: 08/19/2009)

Aug. 19, 2009

Aug. 19, 2009

56

NOTICE of Appearance by Stanley Lester Friedman (Friedman, Stanley) (Filed on 8/21/2009) (Entered: 08/21/2009)

Aug. 21, 2009

Aug. 21, 2009

57

Transcript of Proceedings held on 8/19/09, before Judge Phyllis J. Hamilton. Court Reporter/Transcriber Katherine Powell Sullivan, Telephone number 415−794−6659. 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 11/23/2009. (Sullivan, Katherine) (Filed on 8/26/2009) (Entered: 08/26/2009)

Aug. 26, 2009

Aug. 26, 2009

61

NOTICE OF APPEAL re 55 , 59 by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center (Attachments: # 1 Exhibit)(Carman, Lynn) FEE STATUS: PAID (Filed on 9/4/2009) Modified on 9/11/2009 (far, COURT STAFF). Modified on 9/14/2009 (vlk, COURT STAFF). (Entered: 09/04/2009)

Sept. 4, 2009

Sept. 4, 2009

USCA Appeal Fees received $ 455 receipt number 34611036328 (far, COURT STAFF) (Filed on 9/8/2009) (Entered: 09/10/2009)

Sept. 8, 2009

Sept. 8, 2009

62

STIPULATION AND ORDER RE SEPT. 17, 2009 by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center. (Friedman, Stanley) (Filed on 9/9/2009) (Entered: 09/09/2009)

Sept. 9, 2009

Sept. 9, 2009

64

Copy of Notice of Appeal and Docket sheet mailed to all counsel (Attachments: # 1 docket)(vlk, COURT STAFF) (Filed on 9/14/2009) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

65

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals (Attachments: # 1 Appeal Notification Form, # 2 Notice of Appeal, # 3 docket)(vlk, COURT STAFF) (Filed on 9/14/2009) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

66

Certificate of Record forwarded to USCA (vlk, COURT STAFF) (Filed on 9/14/2009) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

67

USCA Case Number 09−16967 Ninth Circuit Court of Appeals (kk, COURT STAFF) (Filed on 9/17/2009) (Entered: 09/17/2009)

Sept. 17, 2009

Sept. 17, 2009

68

Document incorrectly e−filed. See document 71 . NOTICE of Appeal by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center NOTICE OF APPEAL FROM re 58 DISMISSAL OF GOVERNOR AND TREASURER (Attachments: # 1 Exhibit A and B)(Carman, Lynn) (Filed on 9/24/2009) Modified on 9/24/2009 (vlk, COURT STAFF). Modified on 9/24/2009 (vlk, COURT STAFF). (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

69

RECEIVED: Civil Appeals Docketing Statement forwarded to 9th Circuit US Court of Appeals by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center (Attachments: # 1 Supplement ATTACHMENT TO DOCKETING STATEMENT, # 2 Exhibit EXHIBITS A AND B)(Carman, Lynn) (Filed on 9/24/2009) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

70

USCA Case Number 09−17098 Ninth Circuit Court of Appeals re: #68(Attachments: # 1 USCA Time Scheduling Order)(kk, COURT STAFF) (Filed on 9/24/2009) Modified on 9/24/2009 (kk, COURT STAFF). (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

72

Copy of re 71 Notice of Appeal and Docket sheet mailed to all counsel (Attachments: # 1 docket)(vlk, COURT STAFF) (Filed on 9/24/2009) Modified on 9/24/2009 (vlk, COURT STAFF). Modified on 9/24/2009 (vlk, COURT STAFF). (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

71

NOTICE OF APPEAL as to 58 Order on Motion to Dismiss by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center. Filing fee $ 455. Receipt No. 44611004169 Appeal Record due by 10/26/2009. (vlk, COURT STAFF) (Filed on 9/24/2009) Modified on 9/24/2009 (vlk, COURT STAFF). (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

73

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 71 Notice of Appeal, (Attachments: # 1 Appeal Notification Form, # 2 Notice of Appeal, # 3 Docket)(vlk, COURT STAFF) (Filed on 9/24/2009) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

74

**ISSUED IN ERROR. PLEASE DISREGARD Certificate of Record forwarded to USCA re appeal 71 Notice of Appeal (vlk, COURT STAFF) (Filed on 9/24/2009) Modified on 9/25/2009 (vlk, COURT STAFF). (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

75

ORDER of USCA as to 71 Notice of Appeal re: emergency motion for an injunction pending appeal (vlk, COURT STAFF) (Filed on 10/7/2009) (Entered: 10/07/2009)

Oct. 7, 2009

Oct. 7, 2009

76

NOTICE of Voluntary Dismissal OF ACTION AGAINST DEFENDANTS ARNOLD SCHWARZENEGGER, DAVID MAXWELL−JOLLY, AND BILL LOCKYER, ONLY by Mark Beckwith, California Foundation for Independent Living Centers, Margaret Dowling, Gray Panthers of San Francisco, Independent Living Center of Southern Caifornia, Inc., LifeLong Medical Center (Carman, Lynn) (Filed on 10/24/2009) (Entered: 10/24/2009)

Oct. 24, 2009

Oct. 24, 2009

77

MOTION TO ENTER ORDER OF DISMISSAL AS TO ALL PARTIES AND ALL CAUSES OF ACTION PURSUANT TO COURTS PRIOR SUBSTANTIVE ORDERS IN THE CASE filed by David Maxwell−Jolly. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Schwartz, Karin) (Filed on 10/26/2009) (Entered: 10/26/2009)

Oct. 26, 2009

Oct. 26, 2009

78

STIPULATION AND [Proposed] ORDER DISMISSING LAWSUIT WITH PREJUDICE by Bill Lockyer, David Maxwell−Jolly, Arnold Schwarzenegger. (Schwartz, Karin) (Filed on 10/27/2009) (Entered: 10/27/2009)

Oct. 27, 2009

Oct. 27, 2009

79

ORDER of USCA as to 71 Notice of Appeal denying emergency motion (kk, COURT STAFF) (Filed on 10/28/2009) (Entered: 10/28/2009)

Oct. 28, 2009

Oct. 28, 2009

80

ORDER of USCA denying plaintiff's emergency motion for a stay pending appeal(kk, COURT STAFF) (Filed on 10/28/2009) (Entered: 10/28/2009)

Oct. 28, 2009

Oct. 28, 2009

83

CLERKS Letter Spreading Mandate to Counsel (vlk, COURT STAFF) (Filed on 11/12/2009) (Entered: 11/12/2009)

Nov. 12, 2009

Nov. 12, 2009

84

MANDATE of USCA as to 71 Notice of Appeal, filed by Mark Beckwith, LifeLong Medical Center, Independent Living Center of Southern Caifornia, Inc., Gray Panthers of San Francisco, California Foundation for Independent Living Centers, Margaret Dowling (vlk, COURT STAFF) (Filed on 1/12/2010) (Entered: 01/12/2010)

Jan. 12, 2010

Jan. 12, 2010

85

CLERKS Letter Spreading Mandate to Counsel (vlk, COURT STAFF) (Filed on 1/12/2010) (Entered: 01/12/2010)

Jan. 12, 2010

Jan. 12, 2010

81

STIPULATION AND ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 10/29/09. (nah, COURT STAFF) (Filed on 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

RECAP

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 26, 2009

Closing Date: Oct. 29, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

SF Gray Panthers who are Medicaid beneficiaries

Plaintiff Type(s):

City/County Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michael E. Genest, State

Case Details

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied