Ball v. Biedess

Ball v. Rodgers

U. S. Court of Appeals for the Ninth Circuit

Ball v. Rodgers

Ball v. Rodgers

U. S. Court of Appeals for the Ninth Circuit

Ball v. Rodgers

Ball v. Rodgers

No Court

Ball v. Rodgers

Ball v. Rodgers

Ball v. Rodgers

COMPLAINT FILED (PAB) (Entered: 01/28/2000)

RETURN OF SERVICE of summons/cmp EXECUTED personally upon dft Phyllis Biedess on 2/2/00 (PAB) (Entered: 02/08/2000)

RETURN OF SERVICE of summons/cmp EXECUTED personally upon dft AHCCCS on 2/2/00 (PAB) (Entered: 02/08/2000)

RETURN OF SERVICE of summons/cmp EXECUTED personally upon dft Arizona, State of on 2/2/00 (PAB) (Entered: 02/08/2000)

ORDERED that pla Peg Ball, pla Bennie James, pla Jeanne Spinka show cause for failure to comply with General Order 98−62 ; show cause hearing set for 10:00 3/6/00 for Jeanne Spinka, for Bennie James, for Peg Ball before Judge John M. Roll (cc: all counsel) (PAB) (Entered: 02/17/2000)

Party elects assignment of case to district judge ; mag election form ddl satisfied 2/18/00 ; show cause hearing ddl satisfied 2/18/00 (PAB) (Entered: 02/22/2000)

MINUTE ORDER: Pursuant to local rule 1.2(e), a request has been received for a random reassignment of this case to a District Judge Case reassigned to Judge Alfredo C. Marquez (with notice sent) All further pleadings should now list the followng complete case number: CV−00−67−TUC−ACM (cc: all counsel/ACM/GEE) [7−2] (PAB) (Entered: 02/22/2000)

ANSWER by dfts (BAR) (Entered: 04/03/2000)

ATTORNEY SUBSTITUTION: terminating attorney Sarah Jane Somers for Jeanne Spinka, attorney Sarah Jane Somers for Bennie James, attorney Sarah Jane Somers for Peg Ball and substituting attorney Therese E Yanan (BAR) (Entered: 04/04/2000)

MOTION for pro hac vice of Sarah Lenz Lock by pla [10−1] (BAR) (Entered: 04/10/2000)

MOTION for pro hac vice of Bruce B. Vignery by pla [11−1] (BAR) (Entered: 04/10/2000)

ORDER by Judge Alfredo C. Marquez ; prel scheduling conf set for 10:30 6/20/00 before law clerk (cc: all counsel) (BAR) (Entered: 04/11/2000)

ORDER by Judge Alfredo C. Marquez granting motion for pro hac vice of Sarah Lenz Lock by pla [10−1] (cc: all counsel) (BAR) (Entered: 04/11/2000)

ORDER by Judge Alfredo C. Marquez granting motion for pro hac vice of Bruce B. Vignery by pla [11−1] (cc: all counsel) (BAR) (Entered: 04/11/2000)

ATTORNEY APPEARANCE for pla by Sarah Lenz Lock, Bruce B Vignery (BAR) (Entered: 04/24/2000)

MOTION to certify a class action by pla [16−1] (BAR) (Entered: 04/24/2000)

MEMORANDUM IN SUPPORT by pla of motion to certify a class action by pla [16−1] (BAR) (Entered: 04/24/2000)

MOTION to intervene by Vennetta Graham, Kim Bowman, Peggy Williams, Larry Williams, Grace Collier, Judeth Hinton, Virginia Haskell [18−1] (BAR) (Entered: 04/24/2000)

MEMORANDUM IN SUPPORT by pla, intervenor−plaintiff of motion to intervene by Vennetta Graham, Kim Bowman, Peggy Williams, Larry Williams, Grace Collier, Judeth Hinton, Virginia Haskell [18−1] (BAR) (Entered: 04/24/2000)

LODGED interveners' complaint class action (BAR) (Entered: 04/24/2000)

MEMORANDUM IN SUPPORT by pla of motion to intervene by Vennetta Graham, Kim Bowman, Peggy Williams, Larry Williams, Grace Collier, Judeth

ANSWER by dfts (BAR) (Entered: 06/05/2000)

RESPONSE by dfts to motion to certify a class action by pla [16−1] (BAR) (Entered: 06/05/2000)

MOTION to extend time to reply to defendants' memorandum in opposition to motion to certify a class action by pla [24−1] (BAR) (Entered: 06/08/2000)

NOTICE by pla of change of address for counsel: Sally Hart &Stephen Palevitz, Arizona Center for Disability Law, 100 N Stone Avenue, Suite 305, Tucson, AZ 85701 (BAR) (Entered: 06/15/2000)

REPLY by pla to response to motion to certify a class action by pla [16−1] (BAR) (Entered: 06/28/2000)

ORDER by Judge Alfredo C. Marquez granting motion to intervene by Vennetta Graham, Kim Bowman, Peggy Williams, Larry Williams, Grace Collier, Judeth Hinton, Virginia Haskell [18−1] (cc: all counsel) (BAR) (Entered: 07/21/2000)

AMENDED COMPLAINT by Interveners Vennetta Graham, Kim Bowman, Grace collier, Judeth Hinton &Virginia Haskell [1−1] ; (BAR) (Entered: 07/24/2000)

Notice of filing DECLARATIONS by pla re motion to certify a class action by pla [16−1] [16−1] (PAB) (Entered: 07/28/2000)

ORDER by Judge Alfredo C. Marquez , ; prel scheduling conf set for 10:30 9/7/00 before law clerk (cc: all counsel) (BAR) (Entered: 07/31/2000)

ORDER by Judge Alfredo C. Marquez granting motion to certify a class action by pla [16−1] a class is certified purs to rule 23(b)(2) to include all persons in the State of Arizona who have been or will be eligible for Home &Community Based Services from the Arizona Health Care Cost Containment System, but are not provided with the full amount of such services prescribed in their care plans (cc: all counsel) (KDT) (Entered: 08/07/2000)

ORDER by Judge Alfredo C. Marquez ; prel scheduling conf reset for 10:30 8/31/00 bfr Judge Marquez's law clerk, Greer Barkley (cc: all counsel) (KDT) (Entered: 08/07/2000)

JOINT REPORT by pla, dft concerning discovery plan (BAR) (Entered: 08/22/2000)

SCHEDULING ORDER by Judge Alfredo C. Marquez ; discovery due 2/28/02 ; dispositive motions due 4/16/02 ; pretrial order due 5/14/02 ; Pretrial conference set for 10:30 6/5/02 (cc: all counsel) (BAR) (Entered: 09/12/2000)

AMENDED SCHEDULING ORDER by Judge Alfredo C. Marquez ; discovery due 2/28/01 ; dispositive motions due 4/16/01 ; pretrial order due 5/14/01 ; Pretrial conference set for 10:30 6/5/01 (cc: all counsel) (BAR) (Entered: 09/18/2000)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft (BAR) (Entered: 09/18/2000)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla (BAR) (Entered: 09/18/2000)

NOTICE of service of discovery by pla. (PAB) (Entered: 10/23/2000)

NOTICE of service of discovery by pla. (BAR) (Entered: 10/27/2000)

NOTICE by pla cnsl of change of address: Therese Yanan; DNA Peoples Legal Services; Native American Protection &Advocacy Project; PO Box 392; Shiprock AZ 84720 (PAB) (Entered: 12/18/2000)

NOTICE of Service by pla of Second Joint Report of Parties Concerning Discovery Plan and Amendment to Scheduling Order (BAR) (Entered: 12/21/2000)

AMENDED SCHEDULING ORDER by Judge Alfredo C. Marquez ; discovery due 3/31/01 ; dispositive motions due 5/1/01 ; pretrial order due 7/15/01; a pretrial conference shall be held at such date and time thereafter as the Court shall set. (cc: all counsel) (BAR) (Entered: 12/22/2000)

NOTICE of service of discovery by plas. (former emp) (Entered: 12/22/2000)

NOTICE by dft OF TAKING DEPO OF PEG BALL, CREE JAMES, BENNIE JAMES, JEANNE SPINKA on the following date(s): 1/30−31/01 (BAR) (Entered: 01/02/2001)

NOTICE of service of discovery by dft. (BAR) (Entered: 01/02/2001)

NOTICE of compliance of first supplemental disclosure statement pursuant to FRCivP 26(a) by dft (BAR) (Entered: 01/02/2001)

MOTION for protective order by dfts [48−1] (BAR) (Entered: 01/02/2001)

NOTICE by pla OF TAKING DEPO OF PHYLLIS BIEDESS, THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION AND THE STATE OF ARIZONA on the following date(s): 1/23−23/01 (BAR) (Entered: 01/09/2001)

NOTICE of service of discovery by pla. (BAR) (Entered: 01/11/2001)

ORDER by Judge Alfredo C. Marquez granting motion for protective order by dfts: parties to file documents containing confidential patient information under seal; such sealed documents be available in this action only to the Court and parties to this action; references to AHCCCS members whose identity is confidential in briefs and oral argument shall not reveal individual identities; parties shall take all steps necessary to maintain the confidentiality of information covered by this order and shall not allow such information to be disclosed to any persons other than the parties' attorneys, their clerks and secretarial staff; this confidentiality order extends to any portions of transcripts or other documents containing the applicant's name(s) or confidential information; documents containing confidential information shall not be filed under seal if the member is a named plaintiff in this case, the member has waived confidentiality by signing an affidavit or declaration relating to this case, the member has waived confidentiality in writing or the confidential information can be redacted and the un−redacted information would be insufficient to enable someone to determine the identity of the member. [48−1] (cc: all counsel) (BAR) (Entered: 01/16/2001)

NOTICE of Service by pla of responses to defendants' request for production of documents and interrogatores (BAR) (Entered: 01/31/2001)

NOTICE of service of discovery by dfts. (BAR) (Entered: 02/06/2001)

NOTICE of service of discovery by plas. (former emp) (Entered: 02/16/2001)

NOTICE by dft of Service of Defendant's Disclosure of Expert Witnesses (BAR) (Entered: 03/16/2001)

NOTICE of Death of Plaintiff Grace Collier by plaintiffs (BAR) (Entered: 03/28/2001)

NOTICE of service of discovery by dfts. (BAR) (Entered: 04/04/2001)

THIRD JOINT REPORT OF PARTIES CONCERNING DISCOVERY PLAN by pla (BAR) (Entered: 04/10/2001)

NOTICE of Service by pla upon Logan T Johnston with Third Joint Report of Parties Concerning Discovery Plan and Second Amendment to Scheduling Order (BAR) (Entered: 04/10/2001)

NOTICE of service of discovery by dfts. (BAR) (Entered: 04/19/2001)

ORDER by Judge Alfredo C. Marquez re: third joint report of parties concerning discovery plan [58−1] ; discovery ddl set for 6/1/01 ; dispositive motions due 7/13/01; a joint proposed pretrial order shall be filed 30 days after the Court has ruled on the pretrial motions, if this matter has not been resolved by the Court's rulings on such motions. A pretrial conference shall be held at such date and time thereafter as the Court shall set. (cc: all counsel) (BAR) (Entered: 04/18/2001)

NOTICE by dfts of change of address of Anne C. Longo, to be deleted from Johnston &Kelly (BAR) (Entered: 04/26/2001)

NOTICE by plas of id of expert witness &of service of expert's report (former emp) (Entered: 05/02/2001)

NOTICE of service of discovery by pla Peg Ball, pla Jeanne Spinka . (REC) (Entered: 05/22/2001)

NOTICE of service of 2nd supplemental disclosure statement pursuant to FRCivP 26(a) by dft (former emp) (Entered: 06/14/2001)

Fourth Joint REPORT concerning discovery plan by pla, dft (former emp) (Entered: 07/09/2001)

NOTICE by pla of certificate of service of joint report of parties (MLZ) (Entered: 07/09/2001)

NOTICE by pla OF TAKING DEPO OF Sara Harper on 8/6/01, Yvonne Powell on 8/7/01, Branch McNeal on 8/8/01, and Phyllis Biedess on 8/15/01 and request for production of documents (MLZ) (Entered: 08/02/2001)

AMENDED NOTICE by pla OF TAKING DEPO OF Yvonne Powell on the following date(s): 8/28/01 at 9:00 AM (KDT) (Entered: 08/13/2001)

AMENDED NOTICE by pla OF TAKING DEPO OF Phyllis Biedess on the following date(s): 8/16/01 at 2:00 PM (KDT) (Entered: 08/13/2001)

AMENDED NOTICE by pla OF TAKING DEPO OF Branch McNeal on the following date(s): 8/16/01 at 11:00 AM (KDT) (Entered: 08/13/2001)

NOTICE of service of discovery by pla. (KDT) (Entered: 08/13/2001)

AMENDED NOTICE by pla OF TAKING DEPO OF Sara Harper on the following date(s): 8/16/01 at 9:00 AM (KDT) (Entered: 08/13/2001)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla (KDT) (Entered: 08/13/2001)

AMENDED NOTICE by pla OF TAKING DEPO OF Phyllis Biedess Branch McNeal on the following date(s): 8/21/01 (PAB) Modified on 10/15/2003 (Entered: 10/10/2003)

SECOND AMENDMENT SCHEDULING ORDER by Judge Alfredo C. Marquez ; discovery due 8/31/01 ; dispositive motions due 9/28/01 ; pretrial order due 10/29/01 (cc: all counsel) re: order (scheduling) [73−1] (MLZ) (Entered: 08/23/2001)

NOTICE by dft OF TAKING DEPO OF Dr. Dorie Seavey on the following date(s): 9/12/01 at 12:00 (MLZ) (Entered: 09/10/2001)

MOTION to extend time for 2 weeks to 10/12/01 for dispositive motion deadline by pla, dft [75−1] (former emp) (Entered: 09/26/2001)

ORDER by Judge Alfredo C. Marquez granting motion to extend time for 2 weeks to 10/12/01 for dispositive motion deadline by pla, dft [75−1] ; dispositive motions due 10/12/01 (cc: all counsel) (former emp) (Entered: 09/28/2001)

APPENDIX Re: motion for summary judgment by pla [77−1] [77−1] by pla (MLZ) (Entered: 10/10/2001)

RETURN OF SERVICE EXECUTED for motion for summary judgment upon dft Phyllis Biedess, dft AHCCCS, dft Arizona, State of on 10/9/01 (MLZ) (Entered: 10/10/2001)

STATEMENT OF FACTS by pla re motion for summary judgment by pla [77−1] [77−1] (MLZ) (Entered: 10/10/2001)

MEMORANDUM IN SUPPORT by pla of motion for summary judgment by pla [77−1] [77−1] (MLZ) (Entered: 10/10/2001)

CROSS−MOTION for summary judgment and dfts response to motion for summary judgment by dft [82−1] (MLZ) (Entered: 11/14/2001)

RESPONSE by dft to motion for summary judgment and cross motion for summary judgment by pla [77−1] (MLZ) (Entered: 11/14/2001)

appendix by dft re motion for summary judgment and dfts response to motion for summary judgment by dft [82−1] [82−1] (MLZ) (Entered: 11/14/2001)

STATEMENT OF FACTS by dft re motion for summary judgment and dfts response to motion for summary judgment by dft [82−1] [82−1] (MLZ) (Entered: 11/14/2001)

MOTION to strike inadmissible portions of pla declaratory affidavits and expert opinions filed as appendices 1 to 28 to their motion for summary judgment[81−1] by dft [85−1] (MLZ) Modified on 11/15/2001 (Entered: 11/14/2001)

MOTION for scheduling order by pla [86−1] (MLZ) (Entered: 11/19/2001)

ORDER by Judge Alfredo C. Marquez granting motion for scheduling order by pla [86−1], pla reply to dfts response to motion for summary judgment, pla response to dfts cross−motion for summary judgment and pla response to motion to strike appendices shall be filed on or before 12/14/01, dfts reply to pla response to dfts cross motion for summary judgment and dfts reply to pla response to motion to strike appendices shall be filed on or before 1/4/02, extensions of the page limits for each of the parties previously filed memoranda re their cross motions for summary judgment are approved (cc: all counsel) (MLZ) (Entered: 11/19/2001)

RESPONSE, memorandum in opposition by pla to motion to strike inadmissible portions of pla declaratory affidavits and expert opinions filed as appendices 1 to 28 to their motion for summary judgment[81−1] by dft [85−1] (former emp) (Entered: 12/18/2001)

REPLY by pla to dft's response to motion for summary judgment by pla [77−1] (former emp) (Entered: 12/18/2001)

RESPONSE by pla to motion for summary judgment and dfts response to motion for summary judgment by dft [82−1] (former emp) (Entered: 12/18/2001)

RESPONSE by pla to dft's statement of facts [84−1] (former emp) (Entered: 12/18/2001)

REPLY by pla to dft's oppposition to pla's statement of facts [79−1] (former emp) (Entered: 12/18/2001)

CERTIFICATE of Service by mail of pla's memorandum in opposition to dft's motion to strike appendice, pla's reply in support of motion for sum jgm and response to dft's cross−motion for sum jgm; pla's response to dft's statement of facts and reply to dft's objections to pla's statement of facts by pla (former emp) (Entered: 12/18/2001)

REPLY by dft to pla's response to dft's statement of facts [90−1] (former emp) (Entered: 01/10/2002)

MOTION to extend time to file reply in support of their motion for sum jgm and their reply in support of their motion to strike pla's appendices by dft [93−1] , to exceed the page limit for doc(s) reply in support of their cross−motion for sum jgm and their reply in support of their motion to strike pla's appendices by dft [93−2]

LODGED dft's reply in support of their motion to strike pla's appendices by dft (former emp) (Entered: 01/10/2002)

ORDER by Judge Alfredo C. Marquez granting motion to extend time to file reply in support of their motion for sum jgm and their reply in support of their motion to strike pla's appendices by dft [93−1], granting motion to exceed the page limit for doc(s) reply in support of their cross−motion for sum jgm and their reply in support of their motion to strike pla's appendices by dft [93−2] (cc: all counsel) (former emp) (Entered: 01/14/2002)

REPLY by dft Phyllis Biedess, dft AHCCCS, dft Arizona, State of to response to motion to strike inadmissible portions of pla declaratory affidavits and expert opinions filed as appendices 1 to 28 to their motion for summary judgment[81−1] by dft [85−1] (former emp) (Entered: 01/14/2002)