Case: Independent Living Center v. Maxwell-Jolly

2:09-cv-00382 | U.S. District Court for the Central District of California

Filed Date: Jan. 16, 2009

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On January 16, 2009, a group of California pharmacies participating in the Medi-Cal fee-for-service program filed suit in the U.S. District Court for the Central District of California, against the California Department of Health Care Services. The plaintiffs, represented by private counsel, asked the court for preliminary injunctive relief, attorneys' fees, and costs claiming that Assembly Bill 1183 ("AB 1183") was preempted by § 30(A) of the Medicaid Act (hereinafter referred to as "§ 30(A)")…

On January 16, 2009, a group of California pharmacies participating in the Medi-Cal fee-for-service program filed suit in the U.S. District Court for the Central District of California, against the California Department of Health Care Services. The plaintiffs, represented by private counsel, asked the court for preliminary injunctive relief, attorneys' fees, and costs claiming that Assembly Bill 1183 ("AB 1183") was preempted by § 30(A) of the Medicaid Act (hereinafter referred to as "§ 30(A)"). Specifically, the plaintiffs alleged that the 5% reduction in Medi-Cal fee-for-service payments to pharmacies would cause the denial of services to Medi-Cal patients, or result in a reduction in services to Medi-Cal patients, or the closure of pharmacies serving Medi-Cal patients in violation of the quality and equal access clauses of § 30(A).

The complaint explained that on September 15, 2008, the California Legislature amended AB 1883, originally a hazardous material bill, to include measures designed to reduce government expenditures in line with the provisions of the earlier 2008-2009 Budget Bill. There were no committee hearings on the amended portions of the bill and the Legislature passed the bill within twenty-four hours, even though, according to the plaintiffs, it contained changes to hundreds of health-care related subjects. The plaintiffs therefore alleged that the California Legislature did not have time to consider whether a 5% rate reduction was consistent with providing quality services and maintaining equal access to services as required under § 30(A), or time to evaluate the costs to providers of performing services and procedures as also required under § 30(A). The 5% rate reduction was therefore preempted by § 30(A), they argued.

On February 27, 2009, the District Court (Judge Christina A. Snyder) granted plaintiffs' motion for preliminary injunction and ordered the State to refrain from implementing the 5% payment reduction to pharmacies for prescription drugs provided under the Medi-Cal fee-for-service program. Managed Pharmacy Care v. Maxwell-Jolly, 603 F. Supp. 2d 1230 (C.D. Cal. 2009). Shortly after, on March 13, 2009, the State filed a motion to alter or amend and clarify the preliminary injunctive ruling that the District Court denied on April 3, 2009. Managed Pharmacy Care v. Maxwell-Jolly, No. CV 09-382 CAS (C.D. Cal. Apr. 3, 2009).

The State appealed the ruling to the Ninth Circuit Court of Appeals, and on March 25, 2010, the Ninth Circuit upheld the decision of the District Court. Independent Living Center v. Maxwell-Jolly, 374 Fed. Appx. 690 (9th Cir. Mar. 25, 2010). The Ninth Circuit affirmed the lower court's ruling that the California Legislature was required to study the impact of the five percent rate reduction on the statutory factors of efficiency, economy, quality, and access to care, prior to enacting AB 1183, and that the legislature had not adequately done so. It also upheld the lower court's finding of irreparable harm, noting that many brand name and generic drugs would be reimbursed at a level below costs, thereby limiting access to Medi-Cal patients.

The State appealed the Ninth Circuit ruling to the Supreme Court, and on January 18, 2011, the Supreme Court granted certiorari review in this case and two related cases. Maxwell-Jolly v. Cal. Pharmacists Assoc., 131 S.Ct. 992 (2011). Oral argument took place on October 3, 2011. While the cases were pending in the Supreme Court, the HHS Centers for Medicare and Medicaid Services (CMS) determined that the rate reductions complied with the Medicaid statute and approved a limited retroactive implementation of the rate reductions. Consequently, the Supreme Court (Justice Stephen Breyer) found that the posture of the case had changed from the Supremacy Clause to the Administrative Procedure Act, introducing a new issue not briefed to the Court or in earlier proceedings, and therefore it vacated the decision of the Ninth Circuit and remanded for reconsideration. 132 S.Ct. 1204 (2012).

On remand, the parties agreed to enter settlement mediation overseen by the Ninth Circuit. A settlement agreement was executed in April 2014 and submitted to the district court for approval on August 19, 2014. In the agreement the parties dismissed their appeals from the preliminary injunctions issued in the cases, and the plaintiffs agreed to dismiss the pending actions with prejudice, subject to the Court retaining continuing jurisdiction to determine (1) motions for attorneys’ fees by counsel for Plaintiffs, and (2) motions or proceedings by Plaintiffs to enforce the Agreement through January 1, 2016. In return, under the settlement, the defendant agreed – either by release or by agreement – to forgo recoupment of any amounts paid out by the Department to Medi-Cal providers, pursuant to the preliminary injunctions previously issued by the Court, except with respect to “opt-out providers.” In other words, when the settlement became effective, Plaintiffs gave up their right to seek any further relief, and the defendant gave up its right to seek recoupment of funds that have already been paid pursuant to the preliminary injunctions. The plaintiffs reserved the right to submit a claim for attorney’s fees.

In order to acquire attorneys’ fees from the defendants, on July 24 and 28th, 2015 the plaintiffs and intervenors filed additional appeals in the Ninth Circuit to Judge Snyder's order denying fees. However, during a settlement conference on November 16, 2015, the motion for attorneys’ fees was settled, though the terms are not available.

Summary Authors

Nick Kabat (9/17/2014)

Mary Kate Sickel (3/25/2018)

Related Cases

Independent Living Center of Southern California v. Maxwell-Jolly, Central District of California (2008)

California Pharmacists Association v. Maxwell-Jolly, Central District of California (2009)

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

National Association of Chain Drug Stores v. Schwarzenegger, Central District of California (2009)

California Pharmacists Association v. Maxwell-Jolly, Central District of California (2009)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5748011/parties/independent-living-center-v-david-maxwell-jolly/


Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Fletcher, William A. (California)

Nagle, Margaret A. (California)

Reinhardt, Stephen Roy (California)

Smith, Milan Dale Jr. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Berzon, Stephen P. (California)

Bobroff, Rochelle (District of Columbia)

Cannizzo, Craig J. (California)

Carman, Lynn S. (California)

Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Fletcher, William A. (California)

Nagle, Margaret A. (California)

Reinhardt, Stephen Roy (California)

Smith, Milan Dale Jr. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Berzon, Stephen P. (California)

Bobroff, Rochelle (District of Columbia)

Cannizzo, Craig J. (California)

Carman, Lynn S. (California)

Friedman, Stanley Lester (California)

Maynard, Deanne (District of Columbia)

Phillips, Carter G (District of Columbia)

Attorneys(s) for Defendant

Bates, Eric D. (California)

Brown, Edmund G. Jr. (California)

Cardenas, Jesse (California)

Kim, Jennifer M. (California)

Schwartz, Karin S. (California)

Waldow, Richard T. (California)

Wong, Michele Li (California)

Other Attorney(s)

Ball, Frederick R. (Illinois)

Bullock, Louis Werner (Oklahoma)

Bursch, John J. (Michigan)

Hallward-Driemeier, Douglas Harry (District of Columbia)

Joseph, Lawrence J (District of Columbia)

Kneedler, Edwin S. (District of Columbia)

Perkins, Martha Jane (North Carolina)

Restuccia, B. Eric (Michigan)

Untereiner, Alan (District of Columbia)

Verrilli, Donald B. Jr. (District of Columbia)

Vladeck, Stephen I (District of Columbia)

Wolfson, Paul R. Q. (Illinois)

Expert/Monitor/Master

Dwyer, Molly C. (California)

McConnell, Michael W. (Utah)

White, Kathryn E. (California)

Documents in the Clearinghouse

Document

08-56554

2:08-cv-56422

Supreme Court Docket

Supreme Court of the United States

March 26, 2012

March 26, 2012

Docket

2:09-cv-00382

Docket (PACER)

April 29, 2015

April 29, 2015

Docket
1

2:09-cv-00382

Complaint

Jan. 16, 2009

Jan. 16, 2009

Complaint
10

2:09-cv-00382

PLAINTIFFS’ NOTICE OF MOTION, AND MOTION FOR PRELIMINARY INJUNCTION AND PLAINTIFFS’ MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTIO N

Feb. 2, 2009

Feb. 2, 2009

Pleading / Motion / Brief
34

2:09-cv-00382

ORDER GRANTING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

603 F.Supp.2d 1230

Feb. 27, 2009

Feb. 27, 2009

Order/Opinion
74

2:09-cv-00382

Ninth Circuit Order Upholding Preliminary Injunction

U. S. Court of Appeals for the Ninth Circuit

374 Fed.Appx. 690

March 25, 2010

March 25, 2010

Order/Opinion

09-01158

On Petition for Writ of Certiorari...BRIEF OF RESPONDENTS INDEPENDENT LIVING CENTER OF SOUTHERN CALIFORNIA, INC. IN THE SUPREME COURT OF THE UNITED STATES

Supreme Court of the United States

May 24, 2010

May 24, 2010

Pleading / Motion / Brief

09-00958

Supreme Court Opinion

Douglas v. Independent Living Center of So. Cal.

Supreme Court of the United States

132 S.Ct. 1204

Feb. 22, 2012

Feb. 22, 2012

Order/Opinion
404

2:08-cv-56422

Order

Independent Living Center v. Shewry

April 26, 2012

April 26, 2012

Order/Opinion
128

2:08-cv-56422

Order

Independent Living Center v. Shewry

May 22, 2012

May 22, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5748011/independent-living-center-v-david-maxwell-jolly/

Last updated May 20, 2022, 2:06 a.m.

ECF Number Description Date Link Date / Link
34

ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION by Judge Christina A. Snyder: The Court GRANTS Plaintiffs' Motion for Preliminary Injunction 10 . The Court hereby orders respondent Director, his agents, servants, employees, at torneys, successors, and all those working in concert with him to refrain from enforcing Cal. Welf. & Inst. Code Section 14105.191(b)(3), as modified by AB 1183 beginning on March 1, 2009, by refraining from reducing by five percent payments to pharmacies for prescription drugs (including prescription drugs and traditional over-the counter drugs provided by prescription) provided under the Medi-Cal fee-for-service program. (gk)

Feb. 27, 2009

Feb. 27, 2009

RECAP
1

COMPLAINT against Defendant David Maxwell−Jolly. (Filing fee $ 350: FEE PAID.), filed by plaintiffs Sharon Steen, Tran Pharmacy, Inc., Managed Pharmacy Care, Independent Living Center of Southern California, Inc., Gerald Shapiro.(ghap) (Additional attachment(s) added on 1/21/2009: # 1 Notice of Assignment, # 2 Civil Cover Sheet) (ds). (Additional attachment(s) added on 1/21/2009: # 3 Summons) (ds). (Entered: 01/20/2009)

Jan. 16, 2009

Jan. 16, 2009

20 DAY Summons Issued re Complaint − (Discovery) 1 as to Defendant David Maxwell−Jolly. (ghap) (Entered: 01/20/2009)

Jan. 16, 2009

Jan. 16, 2009

44

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court DENIES Defendant's Motion to Alter, Amend, or Clarify the Court's 2/27/2009 Order 38 . Court Reporter: Not Present. (gk)

April 3, 2009

April 3, 2009

RECAP
95

MINUTES OF MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT 93 hearing held before Judge Christina A. Snyder. The Court confers with counsel. The Court grants the above-referenced motion. The Court will issue the Proposed Order Granting Joint Motion for Approval of Settlement Agreement forthwith. Court Reporter: Laura Elias. (lom)

Sept. 22, 2014

Sept. 22, 2014

RECAP
2

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Sharon Steen, Tran Pharmacy, Inc., Managed Pharmacy Care, Independent Living Center of Southern California, Inc., Gerald Shapiro, (ghap) (ds). (Entered: 01/20/2009)

Jan. 16, 2009

Jan. 16, 2009

3

NOTICE of Related Case(s) filed by plaintiffs Sharon Steen, Tran Pharmacy, Inc., Managed Pharmacy Care, Independent Living Center of Southern California, Inc., Gerald Shapiro. Related Case(s): CV−08−3315−CAS(MANx), CV−08−7045−CAS (MANx) and CV−08−7046−CAS (MANx) (ghap) (ds). (Entered: 01/20/2009)

Jan. 16, 2009

Jan. 16, 2009

4

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(ghap) (Entered: 01/20/2009)

Jan. 16, 2009

Jan. 16, 2009

5

INITIAL STANDING ORDER FOR CASES ASSIGNED TO Judge S. James Otero, (bp) (Entered: 01/20/2009)

Jan. 20, 2009

Jan. 20, 2009

6

PROOF OF SERVICE Executed by PLAINTIFFS Sharon Steen, Tran Pharmacy, Inc., Managed Pharmacy Care, Independent Living Center of Southern California, Inc., Gerald Shapiro, upon David Maxwell−Jolly served on 1/20/2009, answer due 2/9/2009. The Summons and Complaint were served by Personal service, by Rule 4(2)(C) FRCP statute, upon Jarol Krause, Staff Counsel, DHCS. Due Dilligence declaration No. Original Summons Was Returned. (Carman, Lynn) (Entered: 01/22/2009)

Jan. 22, 2009

Jan. 22, 2009

7

NOTICE of Plaintiffs' Objections to Stay filed by Plaintiffs Sharon Steen, Tran Pharmacy, Inc., Managed Pharmacy Care, Independent Living Center of Southern California, Inc., Gerald Shapiro. (Friedman, Stanley) (Entered: 01/26/2009)

Jan. 26, 2009

Jan. 26, 2009

8

NOTICE OF DISMISSAL filed by Plaintiff Managed Pharmacy Care pursuant to FRCP 41a(1) as to Managed Pharmacy Care. (Friedman, Stanley) (Entered: 01/26/2009)

Jan. 26, 2009

Jan. 26, 2009

9

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08−05 −Related Case− filed. Related Case No: CV 08−3315 CAS (MANx). Case transferred from Judge S. James Otero and Magistrate Judge Patrick J. Walsh to Judge Christina A. Snyder and Magistrate Judge Margaret A. Nagle for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 09−0382 CAS (MANx).Signed by Judge Christina A. Snyder (rn) (Entered: 01/29/2009)

Jan. 29, 2009

Jan. 29, 2009

10

NOTICE OF MOTION AND MOTION for Preliminary Injunction re: TE ENJOIN 5% PHARMACY RATE CUT AND PLAINTIFFS' MEMORANDUM IN SUPPORT OF PRELIMINARY INJUNCTION filed by PLAINTIFFS Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro. Motion set for hearing on 2/23/2009 at 10:00 AM before Judge Christina A. Snyder. (Carman, Lynn) (Entered: 02/02/2009)

Feb. 2, 2009

Feb. 2, 2009

12

REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: TE ENJOIN 5% PHARMACY RATE CUT AND PLAINTIFFS' MEMORANDUM IN SUPPORT OF PRELIMINARY INJUNCTION 10 RE LEGISLATIVE HISTORY filed by PLAINTIFFS Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro. (Carman, Lynn) (Entered: 02/02/2009)

Feb. 2, 2009

Feb. 2, 2009

13

PROOF OF SERVICE OF SERVICE filed by PLAINTIFFS Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro, re Complaint − (Discovery), Complaint − (Discovery) 1 OF (1) NOTICE OF MOTION; MOTION; AND MEMORANDUM; (2) SCHEDULE OF DECLARATIONS; (3) REQUEST FOR JUDICIAL NOTICE RE LEGISLATIVE HISTORY, SERVED ON DEFENDANT MAXWELL−JOLLY served on FEBRUARY 2, 2009. (Carman, Lynn) (Entered: 02/02/2009)

Feb. 2, 2009

Feb. 2, 2009

14

NOTICE OF LODGING filed Proposed Order for Preliminary Injunction re Declaration (Motion related), Declaration (Motion related) 11 , MOTION for Preliminary Injunction re: TE ENJOIN 5% PHARMACY RATE CUT AND PLAINTIFFS' MEMORANDUM IN SUPPORT OF PRELIMINARY INJUNCTION 10 , Request for Judicial Notice, Request for Relief,, 12 , Proof of Service (subsequent documents), Proof of Service (subsequent documents) 13 (Friedman, Stanley) (Entered: 02/02/2009)

Feb. 2, 2009

Feb. 2, 2009

15

NOTICE TO COUNSEL: This case has been assigned to Judge Christina A. Snyder. (See Notice for further details). (mmu) (Entered: 02/04/2009)

Feb. 3, 2009

Feb. 3, 2009

16

EXPARTE APPLICATION for Extension of Time to File Defendant's Ex Parte Application for Order Continuing Hearing on Plaintiffs' Motion for Preliminary Injunction or, In the Alternative, Extending Time for Defendant to File an Opposition filed by Defendant David Maxwell−Jolly. (Attachments: # 1 Declaration Declaration of Michele L. Wong in Support of Defendant's Ex Parte Application For Order Continuing Hearing on Plaintiffs' Motion for Preliminary Injunction or, In the Alternative, Extending Time For Defendant to File an Opposition, # 2 Proposed Order Proposed Order Granting Defendant's Ex Parte Application For Order Continuing Hearing on Plaintiffs' Motion for Preliminary Injunction or, In the Alternative, Extending time for Defendant to File an Opposition)(Kim, Jennifer) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

17

Plaintiffs' Opposition to Ex Parte Request to Continue Hearing and Plaintiffs' Offer toStipulate to Give Defendant Extra Time to File Opposition Opposition re: EXPARTE APPLICATION for Extension of Time to File Defendant's Ex Parte Application for Order Continuing Hearing on Plaintiffs' Motion for Preliminary Injunction or, In the Alternative, Extending Time for Defendant to File an Opposition 16 filed by Plaintiffs Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro. (Attachments: # 1 Proposed Order)(Friedman, Stanley) (Entered: 02/06/2009)

Feb. 6, 2009

Feb. 6, 2009

18

STIPULATION for Extension of Time to File to Extend T ime for Defendant to File Its Answer and/or Responsive Pleading to The Summons and Complaint filed by Plaintiff and response due from filed by Defendant David Maxwell−Jolly. (Attachments: # 1 Proposed Order Re Stipulation to Extend Time for Defendant to File Its Answer and/or Responsive Pleading to the Summons and Complaint)(Kim, Jennifer) (Entered: 02/06/2009)

Feb. 6, 2009

Feb. 6, 2009

19

STIPULATION for Extension of Time to File To Extend Time to Defendant to File Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Defendant David Maxwell−Jolly. (Attachments: # 1 Proposed Order ExParte to Extend Time to defendant to File Opposition to Plaintiffs' Motion for Preliminary Injunction to File Opposition)(Kim, Jennifer) (Entered: 02/06/2009)

Feb. 6, 2009

Feb. 6, 2009

21

ORDER GRANTING DEFENDANT'S EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION OR, IN THE ALTERNATIVE, EXTENDING TIME FOR DEFENDANT TO FILE AN OPPOSITION by Judge Christina A. Snyder: Defendant's Request 16 is GRANTED. The time period for Defendant to file an opposition to Plaintiff's Motion for Preliminary Injunction 10 is extended to 2/13/2009. (gk) (Entered: 02/10/2009)

Feb. 6, 2009

Feb. 6, 2009

22

ORDER by Judge Christina A. Snyder to Extend Time to Defendant to File Opposition to MOTION for Preliminary Injunction 10 . Defendant DAVID MAXWELL−JOLLY shall have to and including midnight of Wednesday, February 11, 2008, to file Opposition to Plaintiffs' MOTION for Preliminary Injunction. Reply shall be filed on or before February 17, 2009. (mg) (Entered: 02/11/2009)

Feb. 10, 2009

Feb. 10, 2009

23

ORDER by Judge Christina A. Snyder Re Stipulation to Extend Time for Defendant to File its Answer and/or Responsive Pleading to the Summons and Complaint 19 . Defendant David Maxwell−Jolly's answer and/or responsive pleading currently due on 2/9/09 is now due on 2/19/2009. (mg) (Entered: 02/11/2009)

Feb. 10, 2009

Feb. 10, 2009

24

OPPOSITION DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION re: MOTION for Preliminary Injunction re: TE ENJOIN 5% PHARMACY RATE CUT AND PLAINTIFFS' MEMORANDUM IN SUPPORT OF PRELIMINARY INJUNCTION 10 filed by Defendant David Maxwell−Jolly. (Attachments: # 1 Declaration PAGES 00024−00073−−DECLARATION OF TOBY DOUGLAS IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION, # 2 Declaration PAGES 00074−000123−−DECLARATION OF TOBY DOUGLAS IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION, # 3 Declaration PAGES 000124−000173−−DECLARATION OF TOBY DOUGLAS IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION, # 4 Declaration PAGES 000174−000233−−DECLARATION OF TOBY DOUGLAS IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION, # 5 Declaration PAGES 000234−00289−−DECLARATIONS OF T. ALLAN HANSEN, KEVIN GOROSPE AND SUSAN FLORES IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION)(Kim, Jennifer) (Entered: 02/11/2009)

Feb. 11, 2009

Feb. 11, 2009

25

NOTICE NOTICE OF ERRATA RE: DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION filed by Defendant David Maxwell−Jolly. (Kim, Jennifer) (Entered: 02/13/2009)

Feb. 13, 2009

Feb. 13, 2009

26

REPLY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION MOTION for Preliminary Injunction re: TE ENJOIN 5% PHARMACY RATE CUT AND PLAINTIFFS' MEMORANDUM IN SUPPORT OF PRELIMINARY INJUNCTION 10 filed by Plaintiffs Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro. (Attachments: # 1 EXHIBITS A, B, C, D, E)(Carman, Lynn) (Entered: 02/16/2009)

Feb. 16, 2009

Feb. 16, 2009

27

REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: TE ENJOIN 5% PHARMACY RATE CUT AND PLAINTIFFS' MEMORANDUM IN SUPPORT OF PRELIMINARY INJUNCTION 10 filed by PLAINTIFFS Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro. (Attachments: # 1 EXHIBIT A − ASSEMBLY BILL 1183)(Carman, Lynn) (Entered: 02/16/2009)

Feb. 16, 2009

Feb. 16, 2009

29

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: A concise description of the nature of the document should appear immediately below the docket number, Local Rule 11−3.8(e). RE: Reply in Support of Motion for Preliminary Injunction 26 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (pso) (Entered: 02/20/2009)

Feb. 20, 2009

Feb. 20, 2009

30

NOTICE OF LODGING filed AND LODGING OF ORDER IN SANTA ROSA MEMORIAL HOSPITAL, ET AL v DAVID MAXWELL−JOLLY re Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) 24 (Kim, Jennifer) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

31

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: No Certification of Interested Parties, Local Rule 7.1−1 RE: Defendant's Answer to Complaint filed 2/19/2009 28 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered: 02/24/2009)

Feb. 23, 2009

Feb. 23, 2009

36

MINUTES OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION (filed 02/02/09) held before Judge Christina A. Snyder: Hearing held and counsel are present. Tentative order provided. The Court confers with counsel and counsel argue. The Court takes plaintiffs' motion under submission. The Court will issue a final ruling. Court Reporter: Laura Elias. (bm) (Entered: 03/02/2009)

Feb. 23, 2009

Feb. 23, 2009

32

DEFENDANT'S NOTICE OF INTERESTED PARTIES of Interested Parties filed by Defendant all defendants, (Kim, Jennifer) (Entered: 02/24/2009)

Feb. 24, 2009

Feb. 24, 2009

33

MINUTES OF IN CHAMBERS ORDER held before Judge Christina A. Snyder: Proceedings: Order Setting Scheduling Conference. This matter is set for Scheduling Conference on 4/20/2009 at 11:00 AM before Judge Christina A. Snyder. (mg) (Entered: 02/25/2009)

Feb. 24, 2009

Feb. 24, 2009

35

JOINT STATEMENT of FURTHER OBJECTIONS TO STAY, AND TO DE FACTO STAY BY FAILURE TO ISSUE INJUNCTION, AND TO OBEY 9TH CIRCUIT MANDATE TO ACT MOTION for Preliminary Injunction re: TE ENJOIN 5% PHARMACY RATE CUT AND PLAINTIFFS' MEMORANDUM IN SUPPORT OF PRELIMINARY INJUNCTION 10 IN RE 2/23/09 MOTION filed by Plaintiffs Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro. (Attachments: # 1 EXHIBITS A, B, C, D, E, F)(Carman, Lynn) (Entered: 02/27/2009)

Feb. 27, 2009

Feb. 27, 2009

37

NOTICE of Related Case(s) filed by PLAINTIFFS Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro. Related Case(s): 2:−0−CV−00722 (Attachments: # 1 EXHIBIT A, # 2 PROOF OF SERVICE)(Carman, Lynn) (Entered: 03/02/2009)

March 2, 2009

March 2, 2009

38

NOTICE OF MOTION AND MOTION for Preliminary Injunction re: DEFENDANTS MOTION TO ALTER OR AMEND, AND CLARIFY ORDER GRANTING PLAINTIFFS; MOTION FOR PRELIMINARY INJUNCTION filed by Defendant David Maxwell−Jolly. Motion set for hearing on 4/6/2009 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Declaration DECLARATION OF MICHELE L. WONG PURSUANT TO LOCAL RULE 7−3 IN IN SUPPORT OF DEFENDANTS MOTION TO ALTER OR AMEND, AND CLARIFY ORDER GRANTING PLAINTIFFS; MOTION FOR PRELIMINARY INJUNCTION)(Cardenas, Jesse) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

39

DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS NOTICE OF MOTION AND MOTION TO ALTER OR AMEND, AND CLARIFY ORDER GRANTING PLAINTIFFS; MOTION FOR PRELIMINARY INJUNCTION re MOTION for Preliminary Injunction re: DEFENDANTS MOTION TO ALTER OR AMEND, AND CLARIFY ORDER GRANTING PLAINTIFFS; MOTION FOR PRELIMINARY INJUNCTION 38 filed by Defendant David Maxwell−Jolly. (Attachments: # 1 Exhibit PAGES 000003−000025− EXHIBIT A IN SUPPORT OF DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS NOTICE OF MOTION AND MOTION TO ALTER OR AMEND, AND CLARIFY ORDER GRANTING PLAINTIFFS; MOTION FOR PRELIMINARY INJUNCTION, # 2 Exhibit PAGES 000026−000076−EXHIBIT B IN SUPPORT OF DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS NOTICE OF MOTION AND MOTION TO ALTER OR AMEND, AND CLARIFY ORDER GRANTING PLAINTIFFS; MOTION FOR PRELIMINARY INJUNCTION, # 3 Exhibit PAGES 000075−000124−EXHIBIT B IN SUPPORT OF DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS NOTICE OF MOTION AND MOTION TO ALTER OR AMEND, AND CLARIFY ORDER GRANTING PLAINTIFFS; MOTION FOR PRELIMINARY INJUNCTION, # 4 Exhibit PAGES 000125−000160−EXHIBIT B IN SUPPORT OF DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS NOTICE OF MOTION AND MOTION TO ALTER OR AMEND, AND CLARIFY ORDER GRANTING PLAINTIFFS; MOTION FOR PRELIMINARY INJUNCTION)(Cardenas, Jesse) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

40

NOTICE OF MOTION re MOTION for Preliminary Injunction re: DEFENDANTS MOTION TO ALTER OR AMEND, AND CLARIFY ORDER GRANTING PLAINTIFFS; MOTION FOR PRELIMINARY INJUNCTION 38 filed by Defendant David Maxwell−Jolly. Motion set for hearing on 4/6/2009 at 10:00 AM before Judge Christina A. Snyder. (Cardenas, Jesse) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

41

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error) was found: INCORRECT EVENT SELECTED. CORRECT EVENT TO BE USED IS: REQUESTS − FOR JUDICIAL NOTICE. RE: 39 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (pp) (Entered: 03/18/2009)

March 18, 2009

March 18, 2009

42

OPPOSITION TO DEFENDANT'S MOTION TO ALTER OR AMEND, AND CLARIFY FEB. 27, 2009 ORDER filed by Plaintiffs Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro. (Attachments: # 1 EXHIBIT A TO OPPOSITION BRIEF)(Carman, Lynn) (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

43

REPLY BRIEF TO PLAINTIFF'S OPPOSITION to MOTION for Preliminary Injunction re: DEFENDANTS MOTION TO ALTER OR AMEND, AND CLARIFY ORDER GRANTING PLAINTIFFS; MOTION FOR PRELIMINARY INJUNCTION 38 filed by Defendant David Maxwell−Jolly. (Cardenas, Jesse) (Entered: 03/30/2009)

March 30, 2009

March 30, 2009

45

MINUTES OF IN CHAMBERS ORDER by Judge Christina A. Snyder: On the Court's own motion, the Court continues the Scheduling Conference from April 20, 2009 to July 13, 2009 at 11:00 A.M. A Joint Report and ADR Questionnaire shall be filed on or before June 30, 2009. (pso) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

46

NOTICE OF PRELIMINARY INJUNCTION APPEAL filed by Defendant David Maxwell−Jolly. (Attachments: # 1 US Court of Appeals for the 9th Circuit C ivi; Apeals D ocketing Statement)(Kim, Jennifer) (Entered: 04/30/2009)

April 30, 2009

April 30, 2009

49

APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals, 47 as to Defendant David Maxwell−Jolly; Receipt Number: 118257, Paid in the amount of

May 1, 2009

May 1, 2009

48

NOTIFICATION by Circuit Court of Appellate Docket Number 09−55692, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 47 as to Defendant David Maxwell−Jolly. (cbr) (Entered: 05/08/2009)

May 8, 2009

May 8, 2009

50

NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to 9th Circuit Court of Appeals, 47 as to Defendant David Maxwell−Jolly. (lr) (Entered: 05/11/2009)

May 11, 2009

May 11, 2009

51

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 47 filed by David Maxwell−Jolly, CCA # 09−55692. The appeal filed May 6, 2009 is a preliminary injunction appeal. Accordingly, Ninth Circuirt Rule 3−3 shall apply. If they have not already done so, within 7 calendar days of the filing date of this order, the parties shall make arrangemnts to obtain from the court reporter an offical transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule is established as follows: the opening brief is due not later than June 2, 2009; the answering brief is due June 30, 2009 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days of service of the answering brief. See 9th Cir. R. 3−3(b). If appellant fails to file the timely the opening brief, this appeal will be dismissed automatically by the Clerk for failure to prosecute. See 9th Cir. R. 42−1. Order received in this district on 5/11/09. (lr) (Entered: 05/13/2009)

May 11, 2009

May 11, 2009

52

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 47 filed by David Maxwell−Jolly, CCA # 09−55692. Appellant's unopposed oral motion for an extension of time to file opening brief is granted. Brief schedule set. (cbr) (Entered: 05/20/2009)

May 18, 2009

May 18, 2009

53

STIPULATION for Order [PROPOSED] ORDER TO TAKE SCHEDULING CONFERENCE OFF CALENDAR OR, IN THE ALTERNATIVE, CONTINUE THE SCHEDULING CONFERENCE filed by Defendant David Maxwell−Jolly. (Attachments: # 1 Proposed Order)(Kim, Jennifer) (Entered: 06/05/2009)

June 5, 2009

June 5, 2009

54

ORDER by Judge Christina A. Snyder GRANTING Stipulation for Order 53 45 ; Resetting Scheduling Conference for 1/11/2010 at 11:00 AM. (pp) (Entered: 06/09/2009)

June 9, 2009

June 9, 2009

55

ORDER DENYING TRANSFER by the Judicial Panel on Multidistrict Litigation, MDL 2069, that the motion by Plaintiffs in an action in the Northern District of California (3:08−5173), pursuant to 28 U.S.C. Section 1407, for centralization of the six actions listed on Schedule A (attached) is denied. (gk) (Entered: 08/19/2009)

Aug. 19, 2009

Aug. 19, 2009

56

NOTICE OF MOTION AND MOTION to Enforce INJUNCTION DATED FEBRUARY 27, 2009 AND PUBLIC MOTICE REGULATION filed by PLAINTIFFS Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro. Motion set for hearing on 11/2/2009 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 RICHARD D. WILSON, C.P.A., DECLARATION, # 2 EXHIBITS A, B, C, D, # 3 ;YNN ROLSTON DECLARATION, # 4 EXHIBIT, # 5 EXHIBIT, # 6 THU−HANG TRAN DECLARATION, # 7 EXHIBIT A, # 8 GERALD SHAPIRO DECLARATION, # 9 EXHIBIT, # 10 DECLARATIONS)(Carman, Lynn) (Entered: 10/11/2009)

Oct. 11, 2009

Oct. 11, 2009

57

REQUEST FOR JUDICIAL NOTICE re MOTION to Enforce INJUNCTION DATED FEBRUARY 27, 2009 AND PUBLIC MOTICE REGULATION 56 PLAINTIFFS' FURTHER REQUEST FOR JUDICIAL NOTICE filed by PLAINTIFFS Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro. (Attachments: # 1 EXHIBITS A, B, C, D, E, F, F, H, I, J, K, L, M, N, O, P, Q,, R)(Carman, Lynn) (Entered: 10/11/2009)

Oct. 11, 2009

Oct. 11, 2009

59

DECLARATION re MOTION to Enforce INJUNCTION DATED FEBRUARY 27, 2009 AND PUBLIC MOTICE REGULATION 56 DECLARATION OF PAUL LOFHOLM, PARM.D. filed by Plaintiffs Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro. (Carman, Lynn) (Entered: 10/11/2009)

Oct. 11, 2009

Oct. 11, 2009

60

NOTICE NOTICE OF LODGING OF (PROPOSED) ORDER filed by PLAINTIFFS Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro. FOR NOV. 2, 2009 HEARING (Carman, Lynn) (Entered: 10/12/2009)

Oct. 12, 2009

Oct. 12, 2009

61

NOTICE OF LODGING OF PROPOSED ORDER FOR NOVEMBER 2, 2O09 HEARING filed by PLAINTIFFS Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro. (Carman, Lynn) (Entered: 10/12/2009)

Oct. 12, 2009

Oct. 12, 2009

62

REQUEST FOR JUDICIAL NOTICE re MOTION to Enforce INJUNCTION DATED FEBRUARY 27, 2009 AND PUBLIC MOTICE REGULATION 56 filed by PLAINTIFFS Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro. (Attachments: # 1 EXHIBIT A, # 2 EXHIBIT: PROPOSED SETTLEMENT IN FIRST DATABANK CASE, # 3 EXHIBIT B, # 4 LIST OF 8000 BRAND DRUGS IN FIRST DATABANK CASE, # 5 EXHIBIT C, # 6 ORDER APPROVING FIRST DATABANK SETTLEMENT)(Carman, Lynn) (Entered: 10/12/2009)

Oct. 12, 2009

Oct. 12, 2009

63

EXPARTE APPLICATION for Extension of Time to File Order Extending Defendant's Time to Respond to Plaintiffs' Motion to Enforce Preliminary Injunction filed, October 11, 2009 filed by Defendant David Maxwell−Jolly. (Attachments: # 1 Supplement Memorandum of Points and Authorities in Support of Defendant's Ex Parte Application for Order Extending Defendant's Time to Respond to Plaintiffs' Notice of Motion and Motion to Enforce Injunction Dated February 27, 2009 and Public Notice Regulation, # 2 Declaration Declaration of Carmen D. Snuggs in Support of Respondent's Ex Parte Application for Order Extending Respondent's Time to Respond to Petitioners' Notice of Motion and Motion to Enforce Injunction Dated February 27, 2009 and Public Notice Regulation, # 3 Proposed Order [Proposed] Order Granting Defendant's Ex Parte Application for Order Extending Defendant's Time to Respond to Plaintiffs' Motion to Enforce Preliminary Injunction Filed October 11, 2009)(Kim, Jennifer) (Entered: 10/13/2009)

Oct. 13, 2009

Oct. 13, 2009

64

OPPOSITION Opposition to re: EXPARTE APPLICATION for Extension of Time to File Order Extending Defendant's Time to Respond to Plaintiffs' Motion to Enforce Preliminary Injunction filed, October 11, 2009 63 , MOTION to Enforce INJUNCTION DATED FEBRUARY 27, 2009 AND PUBLIC MOTICE REGULATION 56 filed by Plaintiffs Sharon Steen, Tran Pharmacy, Inc., Managed Pharmacy Care, Independent Living Center of Southern California, Inc., Gerald Shapiro. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Friedman, Stanley) (Entered: 10/13/2009)

Oct. 13, 2009

Oct. 13, 2009

65

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court grants in part and denies in part Defendant's Ex Parte Application for Order Extending Defendant's Time to Respond to Plaintiffs' Motion to Enforce Preliminary 63 as follows: Defendant's shall file an opposition with courtesy copies to chambers on or before 3:00 PM on 10/26/2009; Plaintiffs' shall file a reply with courtesy copies to chambers on or before 3:00 PM on 10/29/2009; and the hearing on plaintiffs' motion 56 shall remain on calendar on 11/2/2009 at 10:00 AM. Court Reporter: Not Present. (gk) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

66

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Document submitted in the wrong case. Document cites Case No. CV 09−03315 CAS (MANx). At least two lines of the text of any order or judgment shall appear on the page that has the line provided for the signature of the judge, Local Rule 58−10 RE: Notice of Lodging of Proposed Order filed 10/12/2009 60 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

67

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: At least two lines of the text of any order or judgment shall appear on the page that has the line provided for the signature of the judge, Local Rule 58−10 RE: Notice of Proposed Order filed 10/12/2009 61 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

68

DEFENDANT'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFFS' MOTION TO ENFORCE PRELIMINARY INJUNCTION AND REQUEST FOR SANCTIONS YES re: MOTION to Enforce INJUNCTION DATED FEBRUARY 27, 2009 AND PUBLIC MOTICE REGULATION 56 filed by Defendant David Maxwell−Jolly. (Kim, Jennifer) (Entered: 10/26/2009)

Oct. 26, 2009

Oct. 26, 2009

69

REPLY IN SUPPORT MOTION to Enforce INJUNCTION DATED FEBRUARY 27, 2009 AND PUBLIC MOTICE REGULATION 56 filed by Plaintiffs Sharon Steen, Tran Pharmacy, Inc., Independent Living Center of Southern California, Inc., Gerald Shapiro. (Attachments: # 1 EXHIBITS A, B, C, D)(Carman, Lynn) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

70

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: On the Court's own motion, Plaintiffs' Motion to Enforce Preliminary Injunction 56 is taken under submission. The Court hereby dispenses with oral argument on the above motion and will decide the motion on the basis of the papers submitted. Therefore, the parties are not to appear before this Court on 11/2/2009 at 10:00 A.M. Court Reporter: Not Present. (gk) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

71

MINUTE ORDER (IN CHAMBERS) by Judge Christina A. Snyder Re Plaintiff's Motion to Enforce Preliminary Injunction and, also, to Stay and Preliminarily Enjoin Implementation of Payment Cuts for Lack of Public Notice (filed 10/11/09) 56 : The Court DENIES petitioners' motion to enforce the preliminary injunction, with leave to amend, and DENIES petitioners motion to stay and preliminarily enjoin the challenged practices, with leave to amend. (jre) (Entered: 11/03/2009)

Nov. 3, 2009

Nov. 3, 2009

72

STIPULATION to Continue Scheduling Conference from January 11, 2010 to Off Calendar, or in the alternrative, continue to July 12, 2010 filed by Defendant David Maxwell−Jolly. (Attachments: # 1 Proposed Order To Take Scheduling Conference Off Calendar Or, in the Alternative, Continue the Scheduling Conference)(Kim, Jennifer) (Entered: 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

73

ORDER TO TAKE SCHEDULING CONFERENCE OFF CALENDAR OR, IN THE ALTERNATIVE, CONTINUE THE SCHEDULING CONFERENCE by Judge Christina A. Snyder: Upon Stipulation 72 , the Scheduling Conference is continued to 7/12/2010 11:00 AM before Judge Christina A. Snyder. (gk) (Entered: 01/06/2010)

Jan. 4, 2010

Jan. 4, 2010

74

MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 47 , CCA # 09−55692. The Decision of the District Court is AFFIRMED. Mandate received in this district on 3/25/2010. (lr) (Entered: 03/26/2010)

March 25, 2010

March 25, 2010

75

STIPULATION to Reschedule To Take Scheduling Conference Off Calendar or, in the Alternative, Continue the Scheduling Conference filed by Defendant David Maxwell−Jolly. (Attachments: # 1 Proposed Order to Take Scheduling Conference Off Calendar or, in the Alternative, Continue the Scheduling Conference)(Wong, Michele) (Entered: 06/22/2010)

June 22, 2010

June 22, 2010

76

ORDER TO TAKE SCHEDULING CONFERENCE OFF CALENDAR OR, IN THE ALTERNATIVE, CONTINUE THE SCHEDULING CONFERENCE by Judge Christina A. Snyder: Upon Stipulation 75 , the Scheduling Conference is continued to 10/4/2010 11:00 AM before Judge Christina A. Snyder. (gk) (Entered: 06/24/2010)

June 24, 2010

June 24, 2010

78

ORDER TO TAKE SCHEDULING CONFERENCE OFF CALENDAR OR, IN THE ALTERNATIVE, CONTINUE THE SCHEDULING CONFERENCE by Judge Christina A. Snyder: Upon Stipulation 77 , the Scheduling Conference is continued to 1/10/2011 11:00 AM before Judge Christina A. Snyder. (gk) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

79

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Take Scheduling Conference Off Calendar or, in the Alternative, Continue the Scheduling Conference filed 9/17/2010 77 . The following error(s) was found: The PDF for the proposed order is attached as the Main Document, and the Stipulation is attached as Attachment 1. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) (Entered: 09/21/2010)

Sept. 21, 2010

Sept. 21, 2010

80

STIPULATION to Continue Scheduling Conference from January 10, 2011 to March 28, 2011 filed by defendant David Maxwell−Jolly. (Attachments: # 1 Proposed Order To take scheduling conference off calendar or, in the alternative, continue the scheduling conference, # 2 Declaration of Service)(Cardenas, Jesse) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

81

ORDER by Judge Christina A. Snyder, re Stipulation 80 . Upon the stipulation of the parties and good cause appearing, the scheduling conference set for 1/10/2011 is continued to 3/28/2011 at 11:00 AM. (vdr) (Entered: 12/29/2010)

Dec. 29, 2010

Dec. 29, 2010

82

STIPULATION to Vacate /to take Scheduling Conferene off Calendar or, in the Alternative, Continue the Scheduling Conference filed by defendant David Maxwell−Jolly. (Attachments: # 1 Proposed Order)(Cardenas, Jesse) (Entered: 03/11/2011)

March 11, 2011

March 11, 2011

83

ORDER by Judge Christina A. Snyder, re Stipulation 82 to Take Scheduling Conference Off Calendar. The 3/28/2011 scheduling conference is taken off calendar. (vdr) (Entered: 03/15/2011)

March 15, 2011

March 15, 2011

84

MINUTE ORDER IN CHAMBERS by Judge Christina A. Snyder: This action is hereby removed from this Courts active caseload until further application by the parties or order of this Court. Counsel shall file a joint report detailing the status of the case within 30 days and every quarter thereafter until the action has been reactivated on this Courts active caseload or a stipulation for dismissal is filed. (Made JS−6. Case Terminated.) (im) (Entered: 06/03/2011)

June 1, 2011

June 1, 2011

85

STATUS REPORT Joint Status Report Pursuant to the Court's Minute Order Dated June 3,2011 filed by Defendant David Maxwell−Jolly. (Cardenas, Jesse) (Entered: 07/07/2011)

July 7, 2011

July 7, 2011

86

STATUS REPORT Joint Status Report Pursuant to the Court's Minute Order Dated June 3, 2011 filed by Defendant David Maxwell−Jolly. (Cardenas, Jesse) (Entered: 10/06/2011)

Oct. 6, 2011

Oct. 6, 2011

87

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 47 filed by David Maxwell−Jolly, CCA # 09−55692. The parties are directed to file contemporaneous supplemental briefs in their respective cases concerning the effect of Douglas v. Independent Living Center of Southern California, Inc., 132 S.Ct.1204(2012). Briefs shall be due 45 days from the filing of this order and shall not exceed 30 pages in length. Order received in this district on 4/26/12. (car) (Entered: 04/30/2012)

April 26, 2012

April 26, 2012

88

ORDER from 9th CCA filed, CCA # 08−56422, 08−57016, 09−55532, 09−55692. The parties' unanimous joint motion to refer Case Nos. 08−56422, 08−57016, 09−55532, and 09−55692 to mediation, and to continue the supplemental briefing schedule during the pendency of mediation [D.E. 49−1], is hereby GRANTED. Order received in this district on 5/22/12 (car) (Entered: 05/24/2012)

May 22, 2012

May 22, 2012

90

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 89 . The following error(s) was found: Incorrect event selected. The correct event is: Notice of change of attorney information. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ak) (Entered: 07/25/2012)

July 12, 2012

July 12, 2012

91

MINUTES (IN CHAMBERS) STAY OF PROCEEDINGS by Judge Christina A. Snyder: By order dated 7/8/2013, the Court directed the parties in these matters to submit a joint status report. Dkt. #242, in case no. 2:11−CV−09688−CAS(MANx). The joint status report was filed on 7/23/2013. Dkt. #243, in case no. 2:11−CV−09688−CAS(MANx). The Court has reviewed the parties' positions set forth therein, as well as the issues presented by the petition for writ of certiorari now pending in the United States Supreme Court, see Supreme Court Docket No. 13−253. Based on the foregoing, the Court finds that there is good cause to stay the proceedings or, if applicable, to continue the existing stay of the proceedings in the above−entitled cases, pending notification from this Court. The parties are directed to file a joint status report with this Court within 14 days after the Supreme Court has taken any action with respect to the above−referenced petition for writ of certiorari. Court Reporter: Not Present. (gk) (Entered: 11/06/2013)

Nov. 5, 2013

Nov. 5, 2013

92

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 47 filed by David Maxwell−Jolly, CCA # 09−55692. Pursuant to the parties joint request for dismissal, these appeals are voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and fees on appeal. A copy of this order shall serve as and for the mandate of this court. Order received in this district on 5/28/14. (mat) (Entered: 05/30/2014)

May 28, 2014

May 28, 2014

93

NOTICE OF MOTION AND MOTION for Settlement Approval of Settlement Agreement of the Parties filed by Plaintiffs Independent Living Center of Southern California, Inc., Managed Pharmacy Care, Gerald Shapiro, Sharon Steen, Tran Pharmacy, Inc.. Motion set for hearing on 9/22/2014 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Proposed Order)(Friedman, Stanley) (Entered: 08/19/2014)

Aug. 19, 2014

Aug. 19, 2014

94

Notice of Appearance or Withdrawal of Counsel: for attorney Susan Marie Carson counsel for Defendant David Maxwell−Jolly. Adding Susan M. Carson as attorney as counsel of record for David Maxwell−Jolly Director of California Department of Health Care Services for the reason indicated in the G−123 Notice. Filed by Defendant DAVID MAXWELL−JOLLY, Director of Department of Health Care Services of the State of California. (Attorney Susan Marie Carson added to party David Maxwell−Jolly(pty:dft))(Carson, Susan) (Entered: 08/28/2014)

Aug. 28, 2014

Aug. 28, 2014

96

ORDER GRANTING JOINT MOTION FOR APPROVALOF SETTLEMENT AGREEMENT 93 by Judge Christina A. Snyder. (lom) (Entered: 09/25/2014)

Sept. 22, 2014

Sept. 22, 2014

97

NOTICE BY PLAINTIFFS OF SETTLEMENT EFFECTIVE DATE filed by Plaintiffs Independent Living Center of Southern California, Inc., Managed Pharmacy Care, Gerald Shapiro, Sharon Steen, Tran Pharmacy, Inc.. (Friedman, Stanley) (Entered: 03/31/2015)

March 31, 2015

March 31, 2015

98

Joint EX PARTE APPLICATION to Dismiss Case filed by Plaintiffs Independent Living Center of Southern California, Inc., Managed Pharmacy Care, Gerald Shapiro, Sharon Steen, Tran Pharmacy, Inc.. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Declaration)(Friedman, Stanley) (Entered: 04/21/2015)

April 21, 2015

April 21, 2015

100

ORDER ON PLAINTIFFS' EX PARTE APPLICATION FOR DISMISSAL OF ACTION by Judge Christina A. Snyder: Upon Plaintiff's Ex Parte Application 98 , IT IS HEREBY ORDERED that, pursuant to Federal Rule of Civil Procedure 41(a)(2), Case No. CV 09−382 is hereby dismissed with prejudice, each party to bear its own costs in accordance with Part III.A.3 of the Settlement Agreement of the parties on file herein, with the Court retaining jurisdiction, pursuant to Parts III.A.3 and III.D.17 of the Settlement Agreement, to entertain any application for attorneys' fees as described in Part III.C. of the Settlement Agreement, and for purposes of enforcement of the Settlement Agreement by any parties in the within action, up to and including 1/1/2016. (gk) (Entered: 04/24/2015)

April 23, 2015

April 23, 2015

101

ORDER REGARDING BRIEFING SCHEDULE FOR MOTIONS FOR ATTORNEYS FEES by Judge Christina A. Snyder: Upon Stipulation 99 , the Court hereby orders the following briefing schedule: Filing date for Plaintiffs' Attorneys' Fee motions 4/23/2015. Due Date for Defendant's Oppositions to Attorneys' Fee motions 5/13/2015. Due Date for Plaintiffs' Reply Briefs 5/26/2015. Hearing date 6/8/2015 at 11:00 AM. (gk) (Entered: 05/01/2015)

April 29, 2015

April 29, 2015

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Key Dates

Filing Date: Jan. 16, 2009

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Members of Managed Care Pharmacy and their patients in the Medi-Cal fee-for-service program

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The State of California, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2014 - 2016

Content of Injunction:

Preliminary relief granted

Issues

General:

Funding

Government Services

Payment for care

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

Disability:

disability, unspecified

Benefit Source:

Medicaid