Case: Clayworth v. Bonta

2:03-cv-02110 | U.S. District Court for the Eastern District of California

Filed Date: March 19, 2003

Closed Date: 2006

Clearinghouse coding complete

Case Summary

Clayworth Healthcare Pharmacy (a Medicaid service provider) and two Medicaid recipients filed a civil suit challenging California's then-pending 5% reduction in the reimbursement rate paid to Medicaid providers. The suit was filed on March 19, 2003 in the United States District Court for the Eastern District of California, against Diana M. Bonta, the Director of the Department of Health Services of the State of California (DHS), in her official capacity, and against the DHS.On November 07, 2003…

Clayworth Healthcare Pharmacy (a Medicaid service provider) and two Medicaid recipients filed a civil suit challenging California's then-pending 5% reduction in the reimbursement rate paid to Medicaid providers. The suit was filed on March 19, 2003 in the United States District Court for the Eastern District of California, against Diana M. Bonta, the Director of the Department of Health Services of the State of California (DHS), in her official capacity, and against the DHS.

On November 07, 2003, another suit raising substantially similar issues was filed by the California Medical Association and thirteen other groups representing Medicaid providers, together with the Disabled Rights Union, a non-profit association of disabled persons. The suit was brought against Ms. Bonta in her official capacity. The Court determined on November 19, 2003, that the two cases were sufficiently related that they should be heard before the same judge and magistrate, but declined to officially consolidate them as a single case with a shared docket. All the substantive orders and opinions subsequently issued by the Court decided issues relating to both cases. Both are included here.

The Plaintiffs alleged that the 5% reduction in the reimbursement rate violated the quality of care and equal access provisions of the Medicaid statute. They also argued that the reduction was a de facto amendment to California's federally approved Medicaid plan, and that all such amendments required Federal approval. They sought a preliminary injunction preventing the DHS from implementing the reduction while the issue was in court, and a permanent injunction to enjoin California from reducing the rates paid to providers for services and to require the State to rely on cost studies to ensure rates were reasonably related to the cost to the providers of providing services to Medicaid recipients. They also sought a declaration from the Court that the 5% reduction was unlawful, and to recover reasonable attorneys' fees and costs.

The Court (Judge David F. Levi) granted the motions of the Plaintiffs in both cases for preliminary injunctions in an Order and Opinion dated December 23, 2003. He held that a cause of action existed under 42 U.S.C § 1983 allowing private plaintiffs to sue states for denying Medicaid beneficiaries their federally guaranteed right to equal access to quality medical services. He held that California had approved the reduction in provider costs without considering the impact the reduction would have on such access, and that therefore the pending rate reduction was arbitrary and unlawful. In the same decision, he dismissed the claims against the DHS itself, but not those against Ms. Bonta, as barred under the Eleventh Amendment. Clayworth v. Bonta, 295 F.Supp.2d 1110 (C.D. Cal. 2003).

On January 8, 2004, the remaining Defendant filed an interlocutory appeal to the Ninth Circuit Court of Appeals. On August 2, 2005, the three-judge panel unanimously reversed the decision of the of the lower court, holding that no cause of action existed under § 1983 that would allow Medicaid providers or recipients to challenge the State's level of compliance with the equal access and quality of care provisions of Medicaid, citing the decision in Sanchez v. Johnson (416 F.3d 1051), which was issued by the same three-judge panel on the same day as this opinion (see related cases). Clayworth v. Bonta, 140 Fed.Appx. 677 (9th Cir. 2005).

In light of the decision from the Appellate Court, the District Court dismissed both cases, Cal. Med. Assoc. on November 1, 2006, and Clayworth on December 1, 2006.

Summary Authors

Alex Colbert-Taylor (7/2/2013)

Related Cases

Sanchez v. Johnson, Northern District of California (2000)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5655898/parties/clayworth-v-bonta/


Judge(s)

Bea, Carlos T. (California)

Brennan, Edmund F. (California)

Cowen, Robert E. (New Jersey)

Levi, David F. (California)

O'Scannlain, Diarmuid Fionntain (Oregon)

Attorneys(s) for Plaintiff

Cannizzo, Craig J. (California)

Carman, Lynn S. (California)

Grigg, Lisa A (California)

Gross, Byron J. (California)

Attorneys(s) for Defendant

Tamura, Irene K. (California)

Judge(s)

Bea, Carlos T. (California)

Brennan, Edmund F. (California)

Cowen, Robert E. (New Jersey)

Levi, David F. (California)

O'Scannlain, Diarmuid Fionntain (Oregon)

Attorneys(s) for Plaintiff

Cannizzo, Craig J. (California)

Carman, Lynn S. (California)

Grigg, Lisa A (California)

Gross, Byron J. (California)

Attorneys(s) for Defendant

Tamura, Irene K. (California)

Weng-Gutierrez, Julie (California)

Documents in the Clearinghouse

Document

Docket

California Medical Association v. Bonta

Nov. 1, 2006 Docket

Docket

Dec. 1, 2006 Docket
6

Related Case Order

California Medical Association v. Bonta

Nov. 18, 2003 Order/Opinion
7

First Amended Complaint for Injunctive and Declaratory Relief

California Medical Association v. Bonta

2003 WL 24891765

Nov. 19, 2003 Complaint
46

Memorandum of Opinion and Order [Issuing Injunction]

295 F.Supp.2d 1110

Dec. 23, 2003 Order/Opinion
70

Memorandum of Opinion and [Denying Motion for Reconsideration]

Feb. 10, 2004 Order/Opinion

Opinion [Memorandum Reversing District's Court Ruling]

U. S. Court of Appeals for the Ninth Circuit

140 Fed.Appx. 677

Aug. 2, 2005 Order/Opinion
114

Stipulation for Dismissal

Nov. 30, 2006 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5655898/clayworth-v-bonta/

Last updated May 20, 2022, 2:13 a.m.

ECF Number Description Date Link
46

MEMORANDUM OPINION AND ORDER by Chief Judge David F. Levi because the State failed to consider the effect of the rate reduction on beneficiaries' equal access to quality medical services, in view of provider costs, the pending rate reduction is arbitrary and connot stand; dft Bonta is enjoined from implementing the 5% reimbursement rate reduction required by Welfare and Institutions Code Sec 14105.19 pending further proceedings in this court; this injunction does not apply to Sec 14105 .19(b)(3), which reduces capitation rate paid to managed care plans by the actuarial equivalent of 5%; the injunction also does not apply to Sec 14105.19(b)(2), which reduces payments made in certain non-Medi-Cal programs; the Department of Health Services is DISMISSED from CIV S 03-2110 on the basis of 11th Amendment immunity [4-1] in CIV S 03-2110 DFL PAN; [9-1] in CIV S 03-cv-2336 DFL PAN; party Dept of Health Svcs DISMISSED in CIV S 03-2110 DFL PAN (cc: all counsel) (ljr)

Dec. 23, 2003 RECAP
79

TRANSCRIPT of 12/3/03 hearing on motion for permanent injunction by C/R Dennis F McKinnon (ljr) (Entered: 03/22/2004)

March 19, 2003
108

ORDER re 107 Notice of Related Case signed by Judge David F. Levi on 5/24/05. The Court finds that the case ARE NOT to be related or reassigned. This Order issued for informational purposes only, and shall have no effect on status of cases.(Marciel, M)

May 24, 2005 RECAP
1

COMPLAINT for injunctive or mandamus relief, fee status paid, receipt # 205 5602, assigned to Chief Judge David F. Levi, referred to Magistrate Judge Peter A. Nowinski (mdk) (Entered: 10/07/2003)

Oct. 6, 2003
2

ORDER REQUIRING JOINT STATUS REPORT by Chief Judge David F. Levi and informing the parties on the procedure to follow in pursuing this action (mdk) (Entered: 10/07/2003)

Oct. 6, 2003
109

RELATED CASE ORDER with 2:03cv2110 DFL PAN, 2:03cv2336 DFL PAN, 2:04cv1124 DFL GGH, 2:04cv1501 DFL PAN, 2:04cv1729 DFL PAN and 2:05cv409 WBS DAD. REASSIGNING case(s) 2:04cv1124 and 2:05cv409 to Judge David F. Levi and Peter A. Nowinski for all further proceedings. signed by Judge David F. Levi on 6/9/2005. (Reader, L)

June 14, 2005 RECAP
116

STIPULATION and ORDER 115 signed by Judge David F. Levi on 12/1/06 DISMISSING CASE in its entirety pursuant to FRCP 41(a)(1)(ii). Each party shall bear their own costs and attorneys fees. CASE CLOSED (Krueger, M)

Dec. 1, 2006 RECAP
3

ORDER RE DISCOVERY by Magistrate Judge Peter A. Nowinski informing the parties on the procedure to follow in pursuing this action (mdk) (Entered: 10/07/2003)

Oct. 6, 2003
4

NOTICE OF MOTIONS for permanent injunction by pltfs James Clayworth, Wayne Roberts, Madeleine Madden , or alternatively for preliminary injunction by pltfs James Clayworth, Wayne Roberts, Madeleine Madden ; motion TO BE HEARD by Chief Judge David F. Levi; Motion Hearing Set For 11/12/03 at 9:00 (ljr) (Entered: 10/16/2003)

Oct. 15, 2003
5

REQUEST for Judicial notice by pltfs James Clayworth, Wayne Roberts, Madeleine Madden in support of motions for injunctive or mandamus relief (ljr) (Entered: 10/16/2003)

Oct. 15, 2003
6

DECLARATION by pltfs of James Clayworth R.Ph in support of motions for permanent injunction, preliminary injunction or writ of mandamus [4−1] (ljr) (Entered: 10/16/2003)

Oct. 15, 2003
7

DECLARATION of by pltfs of Madeleine Madden in support of motions for permanent injunction, preliminary injunction or writ of mandamus [4−1] (ljr) (Entered: 10/16/2003)

Oct. 15, 2003
8

DECLARATION of by pltfs of Wayne Roberts in support of motions for permanent injunction, preliminary injunction or writ of mandamus [4−1] (ljr) (Entered: 10/16/2003)

Oct. 15, 2003
9

PROOF OF SERVICE by pltfs James Clayworth, Wayne Roberts, Madeleine Madden of [8−1], [7−1], [6−1], [5−1], [4−1], [4−2], [1−1] (ljr) (Entered: 10/16/2003)

Oct. 15, 2003
10

COURT NOTICE: from CRD motion for permanent injunction by pltfs James Clayworth, Wayne Roberts, Madeleine Madden [4−1]; re motion for preliminary injunction by pltfs James Clayworth, Wayne Roberts, Madeleine Madden [4−2] HEARING RESET FOR 10:00 11/12/03 (cc: all counsel) (ljr) (Entered: 10/17/2003)

Oct. 16, 2003
11

EX PARTE APPLICATION by dfts for order extending time in which to respond to plts' motions for permanent injunction, or alternatively, a preliminary injunction or writ of mandamus; order extending time in which to respond to complaint and order continuing hearing on plts' motions (ndd) (Entered: 10/31/2003)

Oct. 30, 2003
12

DECLARATION of Irene K Tamura in support of dfts' Ex Parte Application [11−1] (ndd) (Entered: 10/31/2003)

Oct. 30, 2003

LODGED Order Granting Ex Parte Application by defendants (ndd) (Entered: 10/31/2003)

Oct. 30, 2003

LODGED Document: proposed order granting ex parte application by dfts CA Health Services and Diana M Bonta lodged on 10/30/03 (NOT TO BE SIGNED PER JUDGE) (ljr) (Entered: 11/04/2003)

Nov. 3, 2003
14

NOTICE by pltfs James Clayworth, Wayne Roberts, Madeleine Madden of hearing motion for permanent injunction by pltfs James Clayworth, Wayne Roberts, Madeleine Madden [4−1]; motion for preliminary injunction by pltfs James Clayworth, Wayne Roberts, Madeleine Madden [4−2] HEARING RESET FOR 3:00 12/3/03 (ljr) (Entered: 11/04/2003)

Nov. 3, 2003
15

COURT NOTICE: from CRD hearing motion for permanent injunction by pltfs James Clayworth, Wayne Roberts, Madeleine Madden [4−1]; motion for preliminary injunction by pltfs James Clayworth, Wayne Roberts, Madeleine Madden [4−2] HEARING RESET FOR 3:00 12/3/03 (cc: all counsel) [14−1] (cc: all counsel) (ljr) (Entered: 11/04/2003)

Nov. 3, 2003
16

ANSWER by defendant Diana M Bonta, defendant Dept of Health Svcs to complaint [1−1] (ljr) (Entered: 11/05/2003)

Nov. 5, 2003
17

NOTICE of related case 03−CV−2336 DFL PAN (mdk) (Entered: 11/10/2003)

Nov. 7, 2003
18

NOTICE by pltfs of related case(s) CIV.S−03−2336 DFL PAN and CIV.S−03−2371 WBS JFM (nac) (Entered: 11/17/2003)

Nov. 14, 2003
19

NOTICE OF MOTION AND MOTION for judgment on the pleadings by defendants motion TO BE HEARD by Chief Judge David F. Levi; Motion Hearing Set For 10:00 12/17/03 (mdk) (Entered: 11/20/2003)

Nov. 19, 2003
20

MEMORANDUM OF POINTS AND AUTHORITIES by defendants in SUPPORT of motion for judgment on the pleadings [19−1] (mdk) (Entered: 11/20/2003)

Nov. 19, 2003
21

OPPOSITION by defendants to motion for permanent injunction by pltfs [4−1], to motion for preliminary injunction by pltfs [4−2] (mdk) (Entered: 11/20/2003)

Nov. 19, 2003
22

DECLARATION of Kathleen Menda in support of defendants' opposition to motion for a permanent injunction/preliminary injunction [21−1] (mdk) (Entered: 11/20/2003)

Nov. 19, 2003
23

DECLARATION of Irvin B White in support of defendants' opposition to motion for permanent injunction/preliminary injunction [21−1] (mdk) (Entered: 11/20/2003)

Nov. 19, 2003
24

REQUEST for Judicial notice by defendants in support of opposition to motion for a permanent injunction/preliminary injunction (mdk) (Entered: 11/20/2003)

Nov. 19, 2003
25

ORDER by Chief Judge David F. Levi ORDERING declarations containing facts re motion for preliminary injunction by pltfs James Clayworth, Wayne Roberts, Madeleine Madden filing ddl 5:00 pm 12/1/03 [4−1] (cc: all counsel) (ljr) (Entered: 12/01/2003)

Nov. 26, 2003
26

PROOF OF SERVICE by defendant Diana M Bonta, defendant Dept of Health Svcs of [19−1], [20−1], [22−1], [21−1], [23−1], [24−1] (ljr) (Entered: 12/01/2003)

Nov. 26, 2003
27

REPLY to opposition to motion for permanent injunction by pltfs [4−1], motion for preliminary injunction by pltfs [4−2] (mdk) (Entered: 12/02/2003)

Dec. 1, 2003
28

REQUEST for Judicial notice by plaintiffs (mdk) (Entered: 12/02/2003)

Dec. 1, 2003
29

DECLARATION of Lee R Stranberrg, R.Ph., Ph.D, in support of pltfs' motions for injunctive and mandamus relief [4−1], [4−2] (mdk) Modified on 12/02/2003 (Entered: 12/02/2003)

Dec. 1, 2003
30

SUPPLEMENTARY DECLARATION of James Clayworth, R.Ph, in support of pltfs' motions for injunctive or mandamus relief [4−1], [4−2] (mdk) (Entered:

Dec. 1, 2003
32

NOTICE by plaintiffs of opinion of Paul W Lofholm, PharmD, FACA in support of pltfs' motions for injunctive or mandamus relief [4−1] [4−2], w/survey of the CA Korean Pharmacists' Associations as Exhibit A (mdk) (Entered: 12/02/2003)

Dec. 1, 2003
33

AMENDED PROOF OF SERVICE by pltfs James Clayworth, Wayne Roberts, Madeleine Madden of [32−1] (ljr) Modified on 12/03/2003 (Entered: 12/03/2003)

Dec. 3, 2003
34

OPPOSITION by plaintiff James Clayworth, plaintiff Wayne Roberts, plaintiff Madeleine Madden to motion for judgment on the pleadings by defendants [19−1] (ljr) (Entered: 12/03/2003)

Dec. 3, 2003
35

MINUTES before Chief Judge David F. Levi motion for permanent injunction by pltfs James Clayworth, Wayne Roberts, Madeleine Madden [4−1] SUBMITTED after furhter briefing; motion for preliminary injunction by pltfs James Clayworth, Wayne Roberts, Madeleine Madden [4−2] SUBMITTED after further briefing; briefs to be filed by 12/10/03; C/R D McKinnon (ljr) (Entered: 12/04/2003)

Dec. 3, 2003
36

DECLARATION of Douglas B Hillblom in opposition to motion for preliminary injunction [4−2] (ljr) (Entered: 12/05/2003)

Dec. 4, 2003
37

TRANSCRIPT of 12/3/03 hearing on motion for permanent injunction by C/R Dennis F McKinnon (ljr) (Entered: 12/09/2003)

Dec. 8, 2003
38

CORRECTED OPPOSITION by pltfs James Clayworth, Wayne Roberts, Madeleine Madden to motion for judgment on the pleadings by defendants [19−1] (ljr) (Entered: 12/11/2003)

Dec. 10, 2003
39

CLOSING BRIEF by pltfs James Clayworth, Wayne Roberts, Madeleine Madden (ljr) (Entered: 12/11/2003)

Dec. 10, 2003
40

REPLY to pltfs' opposition to motion for judgment on the pleadings by defendants [19−1] (ljr) (Entered: 12/11/2003)

Dec. 10, 2003
41

SUPPLEMENTAL BRIEF by dfts Diana M Bonta, Dept of Health Svcs after hrg on pltfs' motion for injunctive relief [4−1] (ljr) (Entered: 12/11/2003)

Dec. 10, 2003
42

APPENDIX by defendant Diana M Bonta, defendant Dept of Health Svcs of authorities cited in dfts' reply to opposition to motion for judgment on the pleadings [40−1] (ljr) (Entered: 12/12/2003)

Dec. 11, 2003
43

CORRECTED APPENDIX of authorities by defendants cited in dfts' reply to opposition to motion for judgment of the pleadings [40−1] (mdk) (Entered: 12/15/2003)

Dec. 12, 2003
44

OBJECTION by plaintiffs to statement in the declaration of Douglas B Hillbloom [36−1] (mdk) (Entered: 12/15/2003)

Dec. 12, 2003
45

MINUTES before Chief Judge David F. Levi: motion for judgment on the pleadings by defendants [19−1] SUBMITTED; order to be prepared by the Court; C/R D McKinnon (mdk) (Entered: 12/18/2003)

Dec. 17, 2003
48

DECLARATION of Stan Rosenstein in support of dft's motion for reconsideration [47−1] (mdk) Modified on 01/09/2004 (Entered: 01/09/2004)

Jan. 8, 2004
49

REQUEST for Judicial notice by defendant in support of dft's motion for reconsideration (mdk) (Entered: 01/09/2004)

Jan. 8, 2004
50

NOTICE OF MOTION for summary judgment by pltfs James Clayworth, Madeleine Madden , or in the alternative for final permanent injunction or writ of mandamus by pltfs James Clayworth, Madeleine Madden ; motion TO BE HEARD by Chief Judge David F. Levi; Motion Hearing Set For 2/11/04 at 10:00 (ljr) (Entered: 01/15/2004)

Jan. 14, 2004
51

SUPPLEMENTARY DECLARATION of Madeleine Madden [50−1], [50−2], [7−1] (ljr) (Entered: 01/15/2004)

Jan. 14, 2004
52

LETTER to court from counsel for pltfs James Clayworth, Madeleine Madden regarding pltfs were unable to serve the 2nd suppl declaration of James Clayworth R Ph upon dfts [51−1] (ljr) (Entered: 01/15/2004)

Jan. 14, 2004
53

WITHDRAWAL by pltfs James Clayworth, Wayne Roberts, Madeleine Madden of motion for summary judgment by pltfs James Clayworth, Madeleine Madden [50−1] TERMINATED, motion for final permanent injunction or writ of mandamus by pltfs James Clayworth, Madeleine Madden [50−2] TERMINATED (ljr) (Entered: 01/23/2004)

Jan. 22, 2004
54

OPPOSITION by plfts James Clayworth, Wayne Roberts, Madeleine Madden to motion for reconsideration by defendant [47−1] (ljr) (Entered: 01/29/2004)

Jan. 28, 2004
55

SECOND SUPPLEMENTARY OPINION part I by pltfs James Clayworth, Madeleine Madden, Dept of Health Svcs of Paul W Lofholm PharmD, FACA (ljr) (Entered: 01/29/2004)

Jan. 28, 2004
56

OPINION part II by pltfs James Clayworth, Madeleine Madden, Dept of Health Svcs of Paul W Lofholm PharmD, FACA (ljr) (Entered: 01/29/2004)

Jan. 28, 2004
57

SECOND SUPPLEMENTARY OPINION by pltfs James Clayworth, Madeleine Madden, Dept of Health Svcs of Lee R Strandberg R.Ph.,Ph.D (ljr) (Entered: 01/29/2004)

Jan. 28, 2004
58

JOINT STATUS REPORT (mdk) (Entered: 02/03/2004)

Feb. 2, 2004
59

REQUEST for Judicial notice by plaintiffs' (mdk) (Entered: 02/03/2004)

Feb. 2, 2004
60

CORRECTION OF ERRATA by plaintiffs to opposition to dft's motion to reconsider order of 12/23/03 [54−1] (mdk) (Entered: 02/04/2004)

Feb. 3, 2004
61

REPLY to opposition to motion for reconsideration by defendant [47−1] (mdk) (Entered: 02/05/2004)

Feb. 4, 2004
62

DECLARATION of T Allan Hansen in support of dft's reply to opposition to motion for reconsideration [61−1] (mdk) (Entered: 02/05/2004)

Feb. 4, 2004
63

REQUEST for Judicial notice by defendant in support of dft's reply to opposition to motion for reconsideration (mdk) (Entered: 02/05/2004)

Feb. 4, 2004
64

REPLY by defendant to CMA pltf's objections to declaration of Stan Rosenstein (mdk) (Entered: 02/05/2004)

Feb. 4, 2004
65

CORRECTED REPLY to oppositon to motion for reconsideration by defendant [47−1] (mdk) (Entered: 02/06/2004)

Feb. 5, 2004
66

EX PARTE APPLICATION by plaintiffs for order to strike all references to the Myers and Stauffer analysis of 8/2002 and the 7.9 % aggregate net profit there claimed, or in the alternative, for an order to continue to the 2/11/04 hearing, or for an order to strike factual statements and conclusions not supported by any evidence or data in the record (mdk) (Entered: 02/06/2004)

Feb. 6, 2004
67

DECLARATION of Lynn S Carman in suppport of pltfs' ex parte application to continue hearing and for other orders [66−1] (mdk) (Entered: 02/06/2004)

Feb. 6, 2004
68

OPPOSITION by defendant Diana M Bonta (the Director of the California Dept of Health Services) to pltfs' ex parte application to strike or in the alternatice to continue hearing [66−1] (ljr) (Entered: 02/09/2004)

Feb. 6, 2004
69

APPENDIX OF AUTHORITIES by pltfs James Clayworth, Wayne Roberts, Madeleine Madden (ljr) (Entered: 02/10/2004)

Feb. 10, 2004
70

MEMORANDUM OPINION AND ORDER by Chief Judge David F. Levi motion for reconsideration by dft [47−1] DENIED; the parties are ordered to submit a joint status order within 10 days of this order; the court is open to an expedited schedule in view of the public importance of the issues presented (cc: all counsel) (ljr) (Entered: 02/11/2004)

Feb. 10, 2004

LODGED stipulation and order extending time to file motion for award of attorneys' fees by defendant Diana M Bonta, plaintiff James Clayworth, plaintiff Wayne Roberts, plaintiff Madeleine Madden (ljr) (Entered: 02/25/2004)

Feb. 25, 2004
71

JOINT STATUS REPORT by defendant Diana M Bonta, plaintiff James Clayworth, plaintiff Wayne Roberts, plaintiff Madeleine Madden (ljr) (Entered: 02/26/2004)

Feb. 25, 2004
72

STIPULATION AND ORDER by Chief Judge David F. Levi that pltfs motion for award of attys' fees filing ddl set for 4/15/04 (cc: all counsel) (ljr) (Entered: 02/26/2004)

Feb. 26, 2004
73

INTERLOCUTORY (Preliminary Injunction) Appeal to 9th Circuit Court of Appeals by defendant Diana M Bonta (mm1) (Entered: 03/09/2004)

March 8, 2004
74

MAILED case information/docket fee payment notice, copy of Notice of Appeal to 9th Circuit Court of Appeals, copy of appeal and docket sheet to all parties (mm1) (Entered: 03/11/2004)

March 11, 2004
75

BILL FOR FEES DUE: $255.00 appeal fee due from Diana M Bonta re: appeal [73−1] (mm1) (Entered: 03/11/2004)

March 11, 2004
76

TRANSCRIPT DESIGNATION and Ordering Form for dates 12/3/03, 12/17/03 and 12/2003 pltfs motion for preliminary injunction; 12/17 dft's motion for judgment on the pleadings re appeal [73−1] (ljr) (Entered: 03/11/2004)

March 11, 2004

NOTIFICATION by 9th Circuit of Appellate Docket Number 04−15498 (ljr) (Entered: 03/17/2004)

March 17, 2004
77

APPEAL fee paid by the State of CA as to dt Diana Bonta receipt # 202 10997 [73−1] (ljr) (Entered: 03/19/2004)

March 18, 2004
78

TRANSCRIPT of 12/17/03 hearing on motion for preliminary injunction by C/R Dennis F McKinnon (ljr) (Entered: 03/22/2004)

March 19, 2004
80

CERTIFICATE OF RECORD transmitted to 9th Circuit on transcripts [79−1], [80−1] re appeal [73−1] (notice sent) (ljr) (Entered: 03/22/2004)

March 22, 2004
81

TRANSCRIPT DESIGNATION and Ordering Form for dates 12/17/03 re appeal [73−1] (mdk) (Entered: 04/05/2004)

April 2, 2004
82

NOTICE OF MOTION AND MOTION for attorneys' fees by pltfs motion TO BE HEARD by Chief Judge David F. Levi; Motion Hearing Set For 10:00 5/19/04 (mdk) Modified on 04/19/2004 (Entered: 04/19/2004)

April 15, 2004
83

DECLARATION of Lynn S Carman in SUPPORT of pltfs' motion for attorneys' fees [82−1] (mdk) Modified on 04/19/2004 (Entered: 04/19/2004)

April 15, 2004
84

DOCUMENTS/EXHIBITS by plaintiffs in SUPPORT of motion for attorneys' fees [82−1] (mdk) Modified on 04/19/2004 (Entered: 04/19/2004)

April 15, 2004
86

LETTER to court from counsel for plaintiff regarding corrected declaration of Lynn S Carman [85−1] (mdk) (Entered: 04/20/2004)

April 19, 2004
87

NOTICE by pltfs James Clayworth, Wayne Roberts, Madeleine Madden Verification of declaration of Lynn S Carman in support of attorneys' fees [82−1] (ljr) (Entered: 04/27/2004)

April 26, 2004
88

OPPOSITION by defendant Diana M Bonta to motion for attorneys' fees by pltfs [82−1] (ljr) (Entered: 05/06/2004)

May 5, 2004
89

PROOF OF SERVICE by defendant Diana M Bonta of [88−1] (ljr) (Entered: 05/10/2004)

May 7, 2004
90

REPLY to dfts's opposition to fees by pltfs [82−1] (ljr) (Entered: 05/13/2004)

May 12, 2004
91

FURTHER REQUEST for Judicial notice by pltfs James Clayworth, Wayne Roberts, Madeleine Madden (ljr) (Entered: 05/13/2004)

May 12, 2004
92

NOTICE by pltfs James Clayworth, Wayne Roberts, Madeleine Madden of adoption of brief and declarations and supplementary request for judicial notice [82−1] (ljr) (Entered: 05/17/2004)

May 14, 2004
93

NOTICE of related cases CIV.S−04−1008 GEB DAD and CIV.S−03−2336 DFL PAN filed by pltfs' in case 04−cv−1008 (mdk) (Entered: 05/26/2004)

May 25, 2004
94

NOTICE of related cases CIV.S−04−1036 LKK KJM and CIV.S−03−2336 DFL PAN (mdk) (Entered: 05/28/2004)

May 27, 2004
95

ORDER by Chief Judge David F Levi: Related Case Notice [93−1] DENIED because factual issues are quite different (cc: all counsel) (mm1) (Entered: 06/04/2004)

June 4, 2004
96

RELATED CASE ORDER by Chief Judge David F. Levi ORDERING the action denominated CIV.S−04−1036 LKK KJM be reassigned to Judge David F. Levi and Magistrate Peter A. Nowinski for all further proceedings; The Clerk to make appropriate adjustment in the assignment of civil to compensate for this reassignment; relating case(s) 2:03−cv−2110 with member cases 2:03−cv−2336 and 2:04−cv−1036 (cc: all counsel) (nac) Modified on 06/04/2004 (Entered: 06/04/2004)

June 4, 2004
97

MEMORANDUM OPINION AND ORDER by Chief Judge David F. Levi awarding atty's fees in these cases would be premature; motion for attorneys' fees by pltfs [82−1] DENIED in 2:03−cv−02110, motion for attorney fees by pltfs [137−1] DENIED in 2:03−cv−02336 without prejudice to their later renewal (cc: all counsel) (ljr) (Entered: 06/23/2004)

June 23, 2004

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: March 19, 2003

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Medical professionals that provided care to Medicaid recipients, and two such recipients.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Health Services (Sacramento, Sacramento), State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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: Defendant

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

General:

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Benefit Source:

Medicaid