Case: Independent Living Center of Southern California v. Maxwell-Jolly

2:08-cv-03315 | U.S. District Court for the Central District of California

Filed Date: April 22, 2008

Case Ongoing

Clearinghouse coding complete

Case Summary

In 2008 and 2009, the California Legislature passed three statutes modifying the State's Medicaid plan, reducing payments made to health providers. Under Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq. (The Medicaid Act), such modifications must be approved by the federal Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) prior to being put in place. In September and December 2008, California submitted amendment proposals to CMS that incorp…

In 2008 and 2009, the California Legislature passed three statutes modifying the State's Medicaid plan, reducing payments made to health providers. Under Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq. (The Medicaid Act), such modifications must be approved by the federal Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) prior to being put in place. In September and December 2008, California submitted amendment proposals to CMS that incorporated most of the rate reductions the Legislature had already included in the three statutes. This suit, and several others seeking injunctions to prevent the rate reductions, was filed before CMS had completed its review of the amendments.

The Independent Living Center of Southern California (a disability advocacy group), two branches of the Gray Panthers (a healthcare and anti-ageism advocacy organization), individual Medicaid benefit recipients, and several pharmacies and pharmacists (collectively, "the petitioners") filed this suit as a petition for writ of mandamus to compel the State of California not to implement the reductions to its Medicaid program ("Medi-Cal"). The providers argued that if the cutbacks were approved, the state would not provide the level of care required under Medicaid. The case was originally filed in the Los Angeles County Superior Court on April 22, 2008, but was removed to federal U.S. District Court for the Central District of California on May 19, 2008. The defendants had requested the removal to federal court; the removal was granted because the case involved questions of federal law.

According to the plaintiffs' Petition for Mandamus, prior to the rate reduction, California Medicaid rates for physicians were 61% or less of what Medicare paid for the same services. The plaintiffs claimed that "as a result of the low Medi-Cal rates, only 55% of primary care physicians and less than 50% of specialists [were] willing to participate in the Medi-Cal program." They argued that a ten percent reduction in the fee-for-service rate would reduce physician participation to even lower levels. The plaintiffs alleged that the rate reductions violated the Medicaid Act, because they had not been approved by CMS and because the State had failed to study the potential effects of the rate reductions on the quality of and level of access to care available to Medi-Cal recipients. Plaintiffs argued that California had not shown that, were the rate reductions to go into effect, the State would be able to enlist enough providers as to make Medi-Cal services sufficiently available to benefit recipients, as required by 42 U. S. C. §1396a(a)(30)(A). The plaintiffs alleged that because these rate reductions violated the Medicaid Act, they were therefore preempted by federal law due to the Supremacy Clause of the U.S. Constitution. The plaintiffs sought declaratory and injunctive relief, asking the court to find that the rate reduction was a violation of federal law and to prevent its enforcement. They also maintained that the rate reduction was prohibited by the Americans with Disabilities Act (“ADA”).

On May 30, 2008, the petitioners filed a motion for a preliminary injunction that would prevent the rate reductions from coming into effect until further review by the District Court. On June 25th, the Court (Judge Christina A. Snyder) denied this motion, finding that the petitioners’ case had no likelihood of succeeding because the Medicaid Act did not expressly create an individual right that could be the basis of a cause of action and therefore the petitioners probably did not have standing to bring their suit. Independent Living Center of Southern California v. Shewry, 2008 WL 4298223 (C.D. Cal. 2008). The petitioners appealed this decision to the Ninth Circuit Court of Appeals, which vacated the lower court's decision on July 11, 2008, finding that the Supremacy Clause could serve as the basis for their action. Independent Living Center of Southern California v. Shewry, 543 F.3d 1047 (9th Cir. 2008).

In light of the Ninth Circuit's order, on August 18, 2008, District Judge Snyder granted in part and denied in part the petitioners' motion for a preliminary injunction, finding that their Supremacy Clause case was likely to succeed on its merits. The Court therefore issued a preliminary injunction against the implementation of the Medi-Cal fee-for-service rate reductions for physicians, dentists, pharmacies, adult day health care centers, clinics, and health systems for services provided on or after July 1, 2008. Independent Living Center of Southern California v. Shewry, 2008 WL 3891211 (C.D. Cal. 2008). On August 27, 2008, the Court issued an order modifying this injunction, so that it did not retroactively apply to the period between July 1 and August 18, 2008. On November 17, 2008, Judge Snyder granted the petitioners' motion for a preliminary injunction against the rate reductions for non-emergency medical transportation services and for in-home health services. On July 9, 2009, the Ninth Circuit (Judge Milan D. Smith Jr.) affirmed the ruling establishing the injunction, and reversed the modification. Independent Living Center of Southern California v. Maxwell-Jolly, 572 F.3d 644 (9th Cir. 2009).

Back in the district court, on March 26, 2010, Judge Snyder granted a motion to allow several outside groups to join the case as intervenor plaintiffs, who raised issues similar to those of the original petitioners. Independent Living Center of Southern California v. Shewry, 2010 WL 1235762 (C.D. Cal. 2010).

On February 10, 2010, the defendants sought review in the United States Supreme Court of the decision of the Ninth Circuit holding that the Supremacy Clause of the U.S. Constitution could serve as a basis for a cause of action in this case. The Supreme Court granted certiorari review on January 18, 2011, consolidating this case with four others that raised the same issue, 131 S.Ct. 992 (2011). These four cases were California Pharmacists Association v. Maxwell-Jolly (Clearinghouse case code PB-CA-0020), Managed Pharmacy Care v. Maxwell-Jolly (PB-CA-0019), Dominguez v. Schwarzenegger (DR-CA-0031), and Santa Rosa Memorial Hospital v. Shewry (Docket #: 3:08-cv-05173-SC). On June 1, 2011, Judge Snyder issued an order removing this action from the list of active District Court cases pending the decision of the Supreme Court.

Oral argument before the Supreme Court took place on October 3, 2011. After oral argument, while the cases were pending in the Supreme Court, CMS approved California's amendments to its Medicaid plan. In light of this, on February 22, 2012, the Supreme Court declined to issue a ruling on whether the Supremacy Clause could serve as a basis for a private suit to enforce Title XIX against a state. Instead, the Supreme Court vacated the Ninth Circuit Court's decision and remanded the case to the Ninth Circuit for reconsideration, with instructions to take into account CMS's approval of the amendments. Douglas v. Independent Living Center of Southern California, 132 S. Ct. 1204 (2012).

On April 12, 2012, the petitioners moved to have the stay lifted in the District Court. The Court denied this motion because issues that would be determinative of the outcome of the case were still awaiting adjudication at the Ninth Circuit Court. Independent Living Center of Southern California v. Douglas, 2012 WL 1622346 (C.D. Cal. 2012). Following the Supreme Court’s ruling, the parties entered into mediation efforts. On May 22, 2012, the parties' unanimous joint motion to enter mediation, and to stay the supplemental briefing schedule during the pendancy of mediation was granted by the Ninth Circuit.

The District Court directed the parties to submit a joint status report, which was filed on July 23, 2013. On November 5, 2013, the District Court reviewed the parties' positions from the joint status report, as well as issues presented in a certiorari petition pending in the United States Supreme Court in a totally different case (brought by other parties against the same defendant, involving some but not all the same issues)(Managed Pharmacy Care v. Sebelius, S.Ct. Docket 13-253). In this and another 19 similar cases, the District Court stayed or continued an existing stay of the proceedings.

The parties then settled, and filed a joint request for dismissal of several appeals in the Ninth Circuit; this was granted on May 28, 2014. Back in the district court, on August 14, 2014 the parties filed a Joint Motion for Approval of Settlement Agreement; Judge Snyder granted the motion on September 22, 2014.

In the settlement, all parties agreed to dismiss any remaining pending appeals pursuant to the original preliminary injunction. The petitioners also agreed to dismiss the entire case with prejudice. The District Court retained jurisdiction to decide the plaintiffs’ motions for attorneys' fees, and also to determine any of the plaintiffs’ motions to enforce the Agreement up to January 1, 2016. Each side would bear its own costs, outside of any plaintiffs’ attorneys’ fees that the District Court decided to award. Since fee-for-service delivery systems are where health care providers are paid for each service, the preliminary injunction against rate reductions for Medi-Cal cost the defendants money. Due to this, the defendants had filed claims against Medi-Cal providers in order to recoup these funds. In the Settlement Agreement, the defendants agreed to forego these claims outside of a few specified exceptions.

The plaintiffs also agreed to release state and federal entities from liability for claims concerning payment reductions, unless the claims related to the accuracy of reimbursement. In return, the defendants agreed to release the plaintiff from liability for claims of “excess payment”, including payments made while the preliminary injunction was in effect, but where the rate reductions ultimately received federal approval.

After the Settlement Agreement was approved, pursuant to its terms, on April 22, 2015, the petitioners and intervenors filed to dismiss the case and made a motion for attorneys’ fees and costs as the prevailing party. They also brought three other motions for attorneys’ fees and costs the next day. On April 23, 2015, Judge Snyder, considering application, ordered that this case be dismissed with prejudice, and that each party bear its own costs in accordance with the Settlement Agreement. Judge Snyder declined to grant any attorneys' fees.

On July 24 and 28, 2015, the plaintiff and intervenors appealed to the Ninth Circuit this order denying fees. On November 21, 2018, the Ninth Circuit vacated and remanded this case to the district court to determine whether the appellants (plaintiff and intervenors) should recover attorneys’ fees, and, if so, the amount of the award. The court also remanded for a determination of whether appellants can recover any fees from the relief obtained in 2010. Judge Milan Smith Jr., writing for the majority, found that the district court abused its discretion in denying plaintiffs’ motion to set aside funds for attorneys’ fees following the decision permitting retroactive monetary relief from the Medi-Cal reimbursement reduction. On January 14, 2019, the Ninth Circuit Court also denied the plaintiff and intervenors' petition for rehearing en banc.

The case is still ongoing in the district court to determine the payment of attorney's fees. On April 10, 2019 the plaintiffs and the intervenors filed motions for attorney's fees. The defendants opposed these motions. A hearing on the motion for attorney's fees was held on June 24, 2019. On August 6, 2019, the court denied the motion. The court ordered additional briefing on the issue, which was submitted by both parties in August and September 2019. Oral argument was held on January 13, 2020.

On January 24, 2020, Judge Snyder granted the motion for attorney's fees. The court awarded the intervenor's counsel $4,254,713.88, and awarded the plaintiff's counsel $2,731,800. 2020 WL 418947.

The plaintiff's appealed the decision on attorney's fees to the Ninth Circuit (Appeal Docket No. 20-55193 ) on February 21, 2020. The plaintiff-appellants filed their opening briefs on June 30, 2020. The defendant-appelles have not yet filed a brief in opposition. As of July 2020, the Ninth Circuit appeal remains ongoing.

Summary Authors

Alex Colbert-Taylor (7/23/2013)

Matt Ramirez (6/15/2016)

Lisa Koo (3/10/2019)

Sabrina Glavota (7/13/2020)

Related Cases

California Medical Association v. Shewry, Central District of California (2008)

California Association For Health Services At Home v. Shewry, Central District of California (2008)

California Medical Transportation Association, Inc. v. Shewry, Central District of California (2008)

Independent Living Center v. Maxwell-Jolly, Central District of California (2009)

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

California Hospital 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)

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

California Association of Health Facilities v. Maxwell-Jolly; Development Services Network v. Maxwell-Jolly, Central District of California (2010)

Sierra Medical Services Alliance v. Maxwell-Jolly, Central District of California (2010)

Managed Pharmacy Care v. Maxwell-Jolly, Central District of California (2009)

Development Services Network v. Maxwell-Jolly, Central District of California (2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4144112/parties/independent-living-center-of-southern-california-v-david-maxwell-jolly/


Judge(s)

Berzon, Marsha Siegel (California)

Breyer, Stephen Gerald (District of Columbia)

Christen, Morgan (Alaska)

Fletcher, William A. (California)

Nagle, Margaret A. (California)

Reinhardt, Stephen Roy (California)

Roberts, John Glover Jr. (District of Columbia)

Smith, Milan Dale Jr. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Bobroff, Rochelle (District of Columbia)

Judge(s)

Berzon, Marsha Siegel (California)

Breyer, Stephen Gerald (District of Columbia)

Christen, Morgan (Alaska)

Fletcher, William A. (California)

Nagle, Margaret A. (California)

Reinhardt, Stephen Roy (California)

Roberts, John Glover Jr. (District of Columbia)

Smith, Milan Dale Jr. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Bobroff, Rochelle (District of Columbia)

Bookman, Lloyd A. (California)

Cannizzo, Craig J. (California)

Carman, Lynn S. (California)

Fougere, Joshua J. (District of Columbia)

Friedman, Stanley Lester (California)

Galanter, Seth Michael (District of Columbia)

Gross, Byron J. (California)

Hanke, Amy L. (District of Columbia)

Huot, Lindsay N. (District of Columbia)

Johnson, Dean L. (California)

Keville, Jordan B. (California)

Maynard, Deanne (District of Columbia)

McLaughlin, Jeremy M. (District of Columbia)

Phillips, Carter G (District of Columbia)

Schiller, Lowell J. (District of Columbia)

Shumsky, Eric A. (District of Columbia)

Sorenson, Quin M (District of Columbia)

Sorgen, Michael S. (California)

Sze, Felicia Y. (California)

Attorneys(s) for Defendant

Brown, Gregory David (California)

Carson, Susan (California)

Chaney, David S. (California)

Cribbs, Gregory Martin (California)

Dhadwal, S. Andrew (California)

Harris, Kamala D. (California)

Kim, Jennifer M. (California)

Linton, Elizabeth Ann (California)

Matsumoto, Phillip J. (California)

Medeiros, Manuel (California)

Newman, Tara L. (California)

Press, Douglas (California)

Schwartz, Karin S. (California)

Schweitzer, Dan (District of Columbia)

Snuggs, Carmen (California)

Sondheimer, Joshua N. (California)

Ugaz, Sara (California)

Venegas, John F. (California)

Waldow, Richard T. (California)

Other Attorney(s)

Canan, Stacy (District of Columbia)

Chan, Eric David (California)

Jones, Barbara Anne (California)

Stock, Stanton J (California)

Ugaz [inactive], Sara (California)

Weiss, Thomas J. (California)

Documents in the Clearinghouse

Document

09-958 (U.S. Supreme Ct.)

Supreme Court Docket

Douglas v. Independent Living Center of Southern California

Supreme Court of the United States

March 26, 2012

March 26, 2012

Docket

2:08-cv-03315

Docket

July 30, 2020

July 30, 2020

Docket
1-2

2:08-cv-03315

Verified First Amended Petition for Writ of Mandamus

Independent Living Center of Southern California v. Shewry

California state trial court

May 12, 2008

May 12, 2008

Complaint
1

2:08-cv-03315

Respondents' Notice of Removal of Action Under 42 U.S.C. § 1441(b)

Independent Living Center of Southern California v. Shewry

May 19, 2008

May 19, 2008

Notice Letter
47

2:08-cv-03315

Order Denying Petitioners' Motion for a Preliminary Injunction

Independent Living Center of Southern California v. Shewry

2008 WL 4298223, 2008 U.S.Dist.LEXIS 120364

June 25, 2008

June 25, 2008

Order/Opinion
16

2:08-cv-03315

0:08-56061

[Ninth Circuit] Order [Vacating the District Court's Order of June 25, 2008, and Remanding for Further Proceedings]

Independent Living Center of Southern California v. Shewry

U. S. Court of Appeals for the Ninth Circuit

543 F.3d 1047

July 11, 2008

July 11, 2008

Order/Opinion
121

2:08-cv-03315

Order Granting in Part and Denying in Part Petitioners' Motion for Preliminary Injunction

Independent Living Center of Southern California v. Shewry

2008 WL 3891211, 2008 U.S.Dist.LEXIS 77525

Aug. 18, 2008

Aug. 18, 2008

Order/Opinion
135

2:08-cv-03315

Order Modifying Preliminary Injunction

Independent Living Center of Southern California v. Shewry

Aug. 27, 2008

Aug. 27, 2008

Order/Opinion
368

2:08-cv-03315

Complaint in Intervention

Independent Living Center of Southern California v. Shewry

Sept. 15, 2008

Sept. 15, 2008

Complaint

2:08-cv-03315

0:08-56061

[Ninth Circuit] Opinion [Reversing the District Court's Order of June 25, 2008]

Independent Living Center of Southern California v. Shewry

U. S. Court of Appeals for the Ninth Circuit

543 F.3d 1050

Sept. 17, 2008

Sept. 17, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4144112/independent-living-center-of-southern-california-v-david-maxwell-jolly/

Last updated May 20, 2022, 2:22 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Superior Court of the State of California for the County of Los Angeles, case number BS114459 with conformed copy of summon and verified petition for writ of mandamus. Case assigned to Judge Christina A. Snyder, Discovery to Magistrate Judge Margaret A Nagle. (Filing fee $ 350 PAID.), filed by respondents Sandra Shewry, California Department of Health Care Services.(ghap) (Additional attachment(s) added on 5/29/2008: # 1 Exhibits A - E, # 2 Exhibit F) (ds). (Additional attachment(s) added on 5/29/2008: # 3 Notice of Assignment, # 4 Civil Cover Sheet) (ds). (Entered: 05/23/2008)

2 Exhibits A - E

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3 Exhibit F

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4 Notice of Assignment

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5 Civil Cover Sheet

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May 19, 2008

May 19, 2008

PACER
3

NOTICE of Interested Parties filed by Respondents Sandra Shewry, California Department of Health Care Services. (ghap) (ds). (Entered: 05/23/2008)

May 19, 2008

May 19, 2008

PACER
4

CERTIFICATE OF SERVICE filed by respondents Sandra Shewry, California Department of Health Care Services, re Notice of Removal, 1, Certificate of Interested Parties 3 served on 5/19/08. (ghap) (ds). (Entered: 05/23/2008)

May 19, 2008

May 19, 2008

PACER
5

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(ghap) (Entered: 05/23/2008)

May 19, 2008

May 19, 2008

PACER
2

NOTICE of Related Case(s) filed by Respondents Sandra Shewry, California Department of Health Care Services. Related Case(s): 08-03363 (Ugaz, Sara) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

PACER
6

NOTICE OF LODGING filed of Conformed Filed Verified First Amended Petition for Writ of Mandamus re Notice of Removal, 1 (Carman, Lynn) (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
7

NOTICE of Related Case(s) filed by Petitioner Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. Related Case(s): 2:08-cv-03315 and 2:08-cv-3363 (Carman, Lynn) (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER
8

PROOF OF SERVICE Executed Independent Living Center of Southern California, upon Sandra Shewry, Director of Department of Health Care Services of the State of California (Friedman, Stanley) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

PACER
30

ISSUED 20-Day Summons re First Amended Complaint, as to Defendants Sandra Shewry and California Department of Health Care Services. (gk) (Entered: 06/03/2008)

May 29, 2008

May 29, 2008

PACER
9

NOTICE filed by _Plaintifff Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. of Motion for Preliminary Injunction (Carman, Lynn) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

PACER
10

NOTICE OF MOTION AND MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts filed by Plaintiff Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. Motion set for hearing on 6/23/2008 at 10:00 AM before Judge Christina A. Snyder. (Carman, Lynn) (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

PACER
11

MEMORANDUM in Support of MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

PACER
12

NOTICE OF DISMISSAL filed by Petitioner Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco pursuant to FRCP 41a(1) Without Prejudice as to California Department of Health Care Services. (Carman, Lynn) (Entered: 06/01/2008)

June 1, 2008

June 1, 2008

PACER
13

DECLARATION of Joan B. Lee In support of MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 06/01/2008)

June 1, 2008

June 1, 2008

PACER
14

DECLARATION of Joan B. Lee In Supporrt MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 EXHIBITS A, B, C TO LEE DECLARATION filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 06/01/2008)

June 1, 2008

June 1, 2008

PACER
15

DECLARATION of THU-HANG TRAN IN SUPPORT MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Petitioners Gerald Shapiro, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco, Respondent Sandra Shewry. (Attachments: # 1 Exhibit A, B, C TO TRAN DECLARATION)(Carman, Lynn) (Entered: 06/01/2008)

2 Exhibit A, B, C TO TRAN DECLARATION

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June 1, 2008

June 1, 2008

PACER
16

DECLARATION of THU-HANGH TRAN In Support MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 EXHIBITS A, B, C TO TRAN DECLARATION filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 06/01/2008)

June 1, 2008

June 1, 2008

PACER
17

DECLARATION of Maark Beckwith In Support MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

PACER
18

DECLARATION of Gerald Shapiro, Phaarm.D In Support MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

PACER
19

DECLARATION of MAARGAARET DOWLING In Support MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

PACER
20

DECLARATION of SHARON STEEN In Support MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

PACER
21

DECLARATION of Norma Vescovo In Support MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

PACER
22

DECLARATION of JASON YOUNG In Support MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

PACER
23

DECLARATION of Michael LyonL In Support MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Attachments: # 1 Exhibis A, B, C, D, E, F, G, # 2 Declaration)(Carman, Lynn) (Entered: 06/02/2008)

2 Exhibis A, B, C, D, E, F, G

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3 Declaration

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June 2, 2008

June 2, 2008

PACER
24

DECLARATION of Richard Wilson, CPA In Support MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Attachments: # 1 Exhibits A, B, C, D, E, F, G, # 2 Exhibits A, B, C, D, E, F, G)(Carman, Lynn) (Entered: 06/02/2008)

2 Exhibits A, B, C, D, E, F, G

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3 Exhibits A, B, C, D, E, F, G

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June 2, 2008

June 2, 2008

PACER
25

REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Plaintiffs Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Attachments: # 1 Exhibit (AB X3 5), # 2 Exhibits B,C,D,E,F, # 3 Exhibits G, H, I, # 4 Ex J (MEYERS STAUFFER REPORT), # 5 Ex K (LEGISLATIVE ANALYST REPORT), # 6 REQUEST FOR JUDICIAL NOTICE)(Carman, Lynn) (Entered: 06/02/2008)

2 Exhibit (AB X3 5)

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3 Exhibits B,C,D,E,F

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4 Exhibits G, H, I

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5 Ex J (MEYERS STAUFFER REPORT)

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6 Ex K (LEGISLATIVE ANALYST REPORT)

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7 REQUEST FOR JUDICIAL NOTICE

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June 2, 2008

June 2, 2008

PACER
26

NOTICE filed by Plaintiffs Gerald Shapiro, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Sandra Shewry, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. OF ECF FILING OF THREE STUDIES (Carman, Lynn) (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

PACER
27

REQUEST JUDICIAL NOTICE OF 3 STUDIES re MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

PACER
28

DECLARATION of Thu-Hang Tran In Support MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Attachments: # 1 EXHIBITS A, B, C, # 2 EXHIBITS A, B, C)(Carman, Lynn) (Entered: 06/02/2008)

2 EXHIBITS A, B, C

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3 EXHIBITS A, B, C

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June 2, 2008

June 2, 2008

PACER
29

NOTICE OF LODGING filed Proposed Order re MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 (Attachments: # 1 Exhibit, # 2 Document)(Friedman, Stanley) (Entered: 06/02/2008)

2 Exhibit

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3 Document

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June 2, 2008

June 2, 2008

PACER
31

NOTICE filed by Petitioners Gerald Shapiro, Sharon Steen, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. NOTICE OF ERRATUM AND LODGING OF (CORRECTED) JASON YOUNG DECLARATION (Carman, Lynn) (Entered: 06/05/2008)

June 5, 2008

June 5, 2008

PACER
32

CERTIFICATE of Interested Parties filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco, identifying THU-HANG TRAN, Pharm.D.. (Carman, Lynn) (Entered: 06/06/2008)

June 6, 2008

June 6, 2008

PACER
33

EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Respondent's Opposition to Petitioner's Motion for Preliminary Injunction filed by Respondents California Department of Health Care Services. (Attachments: # 1 Supplement Memorandum of Points and Authorities in Support, # 2 Declaration Declaration of Matsumoto in Support, # 3 Proposed Order Proposed Order)(Ugaz, Sara) (Entered: 06/12/2008)

2 Supplement Memorandum of Points and Authorities in Support

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3 Declaration Declaration of Matsumoto in Support

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4 Proposed Order Proposed Order

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June 12, 2008

June 12, 2008

PACER
34

NOTICE OF DOCUMENTS SERVCED BY LYNN S. CARMAN filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. FOR 6/23/08 HEARING (Carman, Lynn) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

PACER
35

MEMORANDUM in Opposition to MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Respondents Sandra Shewry, California Department of Health Care Services. (Attachments: # 1 Supplement Request for Judicial Notice in Support of Opposition, # 2 Exhibit Exhibits to Request for Judicial Notice, # 3 Proposed Order on Request for Judicial Notice, # 4 Supplement Objections to Declarations in Motion for Preliminary Injunction)(Ugaz, Sara) (Entered: 06/12/2008)

2 Supplement Request for Judicial Notice in Support of Opposition

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3 Exhibit Exhibits to Request for Judicial Notice

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4 Proposed Order on Request for Judicial Notice

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5 Supplement Objections to Declarations in Motion for Preliminary Injunction

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June 12, 2008

June 12, 2008

PACER
36

NOTICE OF MOTION AND MOTION to Dismiss Petitioner's First Amended Petition for Writ of Mandamus filed by Respondent Sandra Shewry. Motion set for hearing on 7/14/2008 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Supplement Request for Judicial Notice in Support of Motion to Dismiss, # 2 Exhibit A to E for Request for Judicial Notice, # 3 Proposed Order Granting Request for Judicial Notice on Motion to Dismiss)(Ugaz, Sara) (Entered: 06/12/2008)

2 Supplement Request for Judicial Notice in Support of Motion to Dismiss

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3 Exhibit A to E for Request for Judicial Notice

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4 Proposed Order Granting Request for Judicial Notice on Motion to Dismiss

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June 12, 2008

June 12, 2008

PACER
37

EX PARTE APPLICATION to Reschedule Motion to Dismiss and Motion for Preliminary Injunction for CONSOLIDATION of HEARING DATES, EX PARTE APPLICATION for Hearing Motion to Dismiss and Motion for Preliminary Injunction, re MEMORANDUM in Opposition to Motion, 35, MOTION to Dismiss Petitioner's First Amended Petition for Writ of Mandamus 36, MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10, Memorandum in Support of Motion, 11, filed by Respondent Sandra Shewry. (Attachments: # 1 Supplement Memorandum of Points and Authorities in Support, # 2 Declaration of P Matsumoto in Support, # 3 Proposed Order Granting Ex Parte Application for Consolidation of Hearing Dates)(Ugaz, Sara) (Entered: 06/12/2008)

2 Supplement Memorandum of Points and Authorities in Support

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3 Declaration of P Matsumoto in Support

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4 Proposed Order Granting Ex Parte Application for Consolidation of Hearing Dates

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June 12, 2008

June 12, 2008

PACER
38

NOTICE OF JUNE 2, 2008 PERSONAL SERVICE OF PRELIMINARY INJUNCTION MOTION PAPERS filed by PETITIONERS Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

PACER
39

OBJECTIONS IN OPPOSITION TO re: EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Respondent's Opposition to Petitioner's Motion for Preliminary Injunction 33 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

PACER
40

NOTICE OF LODGING filed OF (PROPOSED) ORDER DENYING, WITHOUT PREJUDICE, f re EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Respondent's Opposition to Petitioner's Motion for Preliminary Injunction 33 (Carman, Lynn) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

PACER
41

OBJECTIONS IN OPPOSITION TO re: EX PARTE APPLICATION to Reschedule Motion to Dismiss and Motion for Preliminary Injunction for CONSOLIDATION of HEARING DATES EX PARTE APPLICATION for Hearing Motion to Dismiss and Motion for Preliminary Injunction, re MEMORANDUM in Opposition to Motion, 35, MOTION to Dismiss Petitioner's First Amended Petition for Writ of Mandamus 36, MOTION for Preliminary Injunct EX PARTE APPLICATION for Hearing Motion to Dismiss and Motion for Preliminary Injunction, re MEMORANDUM in Opposition to Motion, 35, MOTION to Dismiss Petitioner's First Amended Petition for Writ of Mandamus 36, MOTION for Preliminary Injunct EX PARTE APPLICATION for Hearing Motion to Dismiss and Motion for Preliminary Injunction, re MEMORANDUM in Opposition to Motion, 35, MOTION to Dismiss Petitioner's First Amended Petition for Writ of Mandamus 36, MOTION for Preliminary Injunct 37 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

PACER
42

NOTICE OF LODGING filed (PROPOSED) ORDER DENYING RESPONDENT'S CONSOLIDATION MOTION re Objections (Motion related), Objections (Motion related), Objections (Motion related), Objections (Motion related), Objections (Motion related) 41 (Carman, Lynn) (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

PACER
43

REPLY IN SUPPORT OF MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 FOR 6/23/08 HEARING filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

PACER
44

ORDER by Judge Christina A. Snyder DENYING Respondent's Ex Parte Application for an Order Consolidating the Hearing Dates of Respondent's Motion to Dismiss and Petitioner's Motion for Preliminary Injunction. 37 (pso) (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

PACER
45

ORDER by Judge Christina A. Snyder GRANTING Respondent's Ex Parte Application to Allow for Late Filing of Respondent's Opposition to Petitioner's Motion for Preliminary Injunction. 33 . Refer to document for details of the Order. (pso) (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

PACER
46

MINUTES OF Motion Hearing on Petitioner's Motion for Preliminary Injunction 10 held before Judge Christina A. Snyder. The Court takes petitioner's motion under submission. The Court will issue a final order.Court Reporter: Laura Elias. (cj) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

PACER
47

ORDER DENYING PETITIONERS' MOTION FOR A PRELIMINARY INJUNCTION by Judge Christina A. Snyder: The Court hereby DENIES Petitioners' Motion for Preliminary Injunction 10 . See document for details. (gk) (Entered: 06/25/2008)

June 25, 2008

June 25, 2008

PACER
48

NOTICE OF APPEAL to the 9th CCA filed by PetitionersGerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of San Francisco. Appeal of Order 47 FEE NOT PAID. (Attachments: # 1 Civil Appeals Docketing Statement)(Friedman, Stanley) (Entered: 06/26/2008)

2 Civil Appeals Docketing Statement

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June 26, 2008

June 26, 2008

PACER
49

NOTICE of Change of Attorney Information for attorney Jennifer M Kim counsel for Respondent Sandra Shewry. Adding Gregory M. Cribbs as attorney as counsel of record for Respondents for the reason indicated in the G-06 Notice. Filed by Respondent Shewry, S. (Kim, Jennifer) (Entered: 06/27/2008)

June 27, 2008

June 27, 2008

PACER
50

NOTIFICATION by Circuit Court of Appellate Docket Number 08-56061, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 48 as to Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Jason Young, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (cbr) (Entered: 06/27/2008)

June 27, 2008

June 27, 2008

PACER
51

NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to 9th Circuit Court of Appeals, 48 as to Petitioner Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of San Francisco. (lr) (Entered: 06/27/2008)

June 27, 2008

June 27, 2008

PACER
52

FILING FEE LETTER issued as to Petitioner Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, re a $5.00 filing fee and a $450.00 docket fee are requried to be paid to the Clerk, U.S. District Court. re Notice of Appeal to 9th Circuit Court of Appeals, 48 (lr) (Entered: 06/27/2008)

June 27, 2008

June 27, 2008

PACER
55

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 48 filed by Mark Beckwith, Gray Panthers of San Francisco, Tran Pharmacy, Inc., Independent Living Center of Southern California, Margaret Dowling, Jason Young, Sharon Steen, Gerald Shapiro, CCA # 08-56061. We have reviwed appellants' emergency motion filed on June 27, 2008. We grant appellants' motion to expedite the date of oral argument in this appeal, and deny the balance of appelalnts' motion without prejudice. (cbr) (Entered: 07/07/2008)

July 1, 2008

July 1, 2008

PACER
53

STIPULATION for Hearing re MOTION to Dismiss Petitioner's First Amended Petition for Writ of Mandamus 36 filed by PETITIONERS Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco.(Carman, Lynn) (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

PACER
54

NOTICE OF LODGING filed OF PROPOSED ORDER TO CONTINUE DISMISSAL MOTION re MOTION to Dismiss Petitioner's First Amended Petition for Writ of Mandamus 36 (Carman, Lynn) (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

PACER
56

OPPOSITION TO MO[TION TO DISMISS filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 07/07/2008)

July 7, 2008

July 7, 2008

PACER
57

APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals, 48 as to Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Gray Panthers of San Francisco; Receipt Number: 109113, Paid in the amount of $455. (lr) (Entered: 07/09/2008)

July 7, 2008

July 7, 2008

PACER
58

ORDER CONTINUING DISMISSAL MOTION OF RESPONDENT SANDRA SHEWRY FROM 7/14/2008 TO 7/21/2008 by Judge Christina A. Snyder: Upon Stipulation of the parties 53, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the hearing of the dismissal motion of the respondent SANDRA SHEWRY, entitled: "Respondent's Notice of Motion and Motion to Dismiss Petitioners' First Amended Petition for Writ of Mandamus, shall be, and is hereby, continued to 7/21/2008 at 10:00 AM before Judge Christina A. Snyder. (gk) (Entered: 07/09/2008)

July 8, 2008

July 8, 2008

PACER
59

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 48 filed by Mark Beckwith, Gray Panthers of San Francisco, Tran Pharmacy, Inc., Independent Living Center of Southern California, Margaret Dowling, Jason Young, Sharon Steen, Gerald Shapiro, CCA # 08-56061. With regard to the oral argument scheduled for 10:00 a.m. on July 11, 2008, the parties areadvised that each party shall have twenty minutes for argument. (cbr) (Entered: 07/10/2008)

July 9, 2008

July 9, 2008

PACER
60

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Proposed Document was not submitted as separate attachment. Proposed Order on page 2. A Notice of Lodging with a Proposed Order also filed 7/2/2008, document number 54. Order filed 7/8/2008, document number 58 RE: Stipulation to Continue Hearing of Rule 12(b)(6) Motion of Respondent Sandra Shewrey to 7/21/2008 filed 7/2/2008 53 . 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: 07/10/2008)

July 10, 2008

July 10, 2008

PACER
64

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 48 filed by Mark Beckwith, Gray Panthers of San Francisco, Tran Pharmacy, Inc., Independent Living Center of Southern California, Margaret Dowling, Jason Young, Sharon Steen, Gerald Shapiro, CCA # 08-56061. The district court's order denying appellants' motion for a preliminary injunction is vacated and we remand for further proceedings. We also temporarily enjoin appellee from implementing A.B. 5's ten percent reduction in the reimbursement rate for prescription drugs, until August 11, 2008. If the district court has not ruled by then on appellants' motion for preliminary injunction, appellants may seek further temporary relief from this court. An Opinion will follow. Order received in this district on 7/11/08. (car) (Entered: 07/15/2008)

July 11, 2008

July 11, 2008

PACER
61

NOTICE OF LODGING filed OF JULY 11, 2008 ORDER IN APPEAL NO. 08-56061 OF U.S. COURT OF APPEALS, NINTH CIRCUIT COURT OF APPEALS ORDER re Order,,, Terminate Hearings,,, Set Motion and R&R Deadlines,, 58, MOTION to Dismiss Petitioner's First Amended Petition for Writ of Mandamus 36, Order 47 (Carman, Lynn) (Entered: 07/13/2008)

July 13, 2008

July 13, 2008

PACER
62

NOTICE OF JULY 11, 2008 ORDER IN APPEAL CASE NO. 08-56061 filed by PETITIONERS Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 07/13/2008)

July 13, 2008

July 13, 2008

PACER
63

REPLY to opposition of MOTION to Dismiss Petitioner's First Amended Petition for Writ of Mandamus 36 filed by Respondent Sandra Shewry. (Attachments: # 1 Supplement Request for Judicial Notice in Support of Reply)(Kim, Jennifer) (Entered: 07/14/2008)

2 Supplement Request for Judicial Notice in Support of Reply

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July 14, 2008

July 14, 2008

PACER
65

IN CHAMBERS ORDER by Judge Christina A. Snyder: On the Courts own motion, the Court continues respondents motion to dismiss petitioners first amended petition for writ of mandamus filed June 12, 2008 from July 21, 2008 to August 11, 2008 at 10:00 A.M. but, counsel are directed to appear before this Court on July 21, 2008 at 10:00 A.M. for a Status Conference to discuss further briefing as directed by the Ninth Circuit Mandate. 36 (pso) (Entered: 07/16/2008)

July 15, 2008

July 15, 2008

PACER
66

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 48 filed by Mark Beckwith, Gray Panthers of San Francisco, Tran Pharmacy, Inc., Independent Living Center of Southern California, Margaret Dowling, Jason Young, Sharon Steen, Gerald Shapiro, CCA # 08-56061. Because of the urgency of the district court's conducting the preliminary injunction hearing on the merits, this order directs the clerk to issue the mandate forwith. We delete from the order, however, the second and third sentences of the final paragraph that relate to the issuance of the stay; the two sentences commence with "We also" and end with "form this court." The panel retains jurisdiction over the stay request and will reconsider the question of a stay lin light of the motion for reconsideration filed by the appellees. An order as to the stay will issue subsequently. Order received in this district on 7/16/08. (car) (Entered: 07/18/2008)

July 16, 2008

July 16, 2008

PACER
68

MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 48, CCA # 08-56061. Order denying appellants' motion for a preliminary injunction order is vacated and remand for further proceedings. Mandate received in this district on 7/16/08. (lr) (Entered: 07/22/2008)

July 16, 2008

July 16, 2008

PACER
67

NOTICE Proposed Schedule filed by All Plaintiffs Independent Living Center of Southern California. (Friedman, Stanley) (Entered: 07/20/2008)

July 20, 2008

July 20, 2008

PACER
69

MINUTES OF Status Conference held before Judge Christina A. Snyder: Status Conference is held. Court and counsel confer. The hearing on Respondents Motion to Dismiss Petitioners First Amended Petition for Writ of Mandamus (filed 6/12/08) set for August 11, 2008 is continued to August 18, 2008 at 10:00 a.m. Court and counsel further confer regarding Petitioners intent to file a Motion for Preliminary Injunction. The Court sets a hearing for the Motion on August 1, 2008 at 2:00 p.m. with the following briefing schedule: Petitioners Motion: file by no later than July 25, 2008; Respondents Opposition: file by no later than July 30, 2008; Petitioners Reply: file by no later than July 31, 2008 Court Reporter: Laura Elias. (pso) (Entered: 07/23/2008)

July 21, 2008

July 21, 2008

PACER
70

NOTICE of Change of Attorney Information for attorney Carmen Denise Snuggs counsel for Respondent Sandra Shewry. Adding Carmen D. Snuggs as attorney as counsel of record for Respondent/Defendant for the reason indicated in the G-06 Notice. Filed by Attorney for Respondents Carmen D. Snuggs, Deputy Attorney General (Snuggs, Carmen) (Entered: 07/24/2008)

July 24, 2008

July 24, 2008

PACER
78

APPLICATION OF NON-RESIDENT ATTORNEY Stacy Canan to appear on behalf of Amicus Curiae AARP, and designating Barbara Jones as local counsel. FEE PAID. Lodged Proposed Order. (gk) (Entered: 07/27/2008)

July 24, 2008

July 24, 2008

PACER
80

NOTICE OF AARP'S EX PARTE APPLICATION to File Amicus Curiae Brief; Ex Parte Application; Memorandum of Points and Authorities in Support; Declaration of Barbara A. Jones filed by Amicus Curiae AARP.(gk) (Entered: 07/28/2008)

July 24, 2008

July 24, 2008

RECAP
71

NOTICE of Change of Attorney Information for attorney John Venegas counsel for Respondent Sandra Shewry. Adding John F. Venegas as attorney as counsel of record for Respondents for the reason indicated in the G-06 Notice. Filed by Attorney for Respondents John F. Venegas (Venegas, John) (Entered: 07/24/2008)

July 24, 2008

July 24, 2008

PACER
81

DECLARATION OF SERVICE filed by Amicus Curiae AARP re Proposed Amicus Curiae Brief, Notice of Ex Parte Application, Ex Parte Application to File Amicus Curiae Brief 80, and Proposed Order, served on 7/24/2008. (gk) (Entered: 07/28/2008)

July 24, 2008

July 24, 2008

PACER
72

NOTICE of Manual Filing filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco of Exhibits (Six Volumes). (Friedman, Stanley) (Entered: 07/25/2008)

July 25, 2008

July 25, 2008

PACER
79

ORDER by Judge Christina A. Snyder granting Application of Non-Resident Attorney Stacy Canan to appear on behalf of Amicus Curiae AARP 78, and designating Barbara Jones as local counsel. (gk) (Entered: 07/27/2008)

July 25, 2008

July 25, 2008

PACER
82

ORDER GRANTING AARP'S EX PARTE APPLICATION TO FILE AMICUS CURIAE BRIEF by Judge Christina A. Snyder: Ordered that AARP's Application for Amicus Status 80 is GRANTED. The Court grants AARP amicus status. IT IS FURTHER ORDERED that AARP's amicus curiae proposed brief lodged with the Court on 7/24/2008 is deemed filed as of the date of this Order. (gk) (Entered: 07/28/2008)

July 25, 2008

July 25, 2008

PACER
73

REQUEST for Preliminary Injunction re: Request for Judicial Notice filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. Request set for hearing on 8/1/2008 at 02:00 PM before Judge Christina A. Snyder. (Friedman, Stanley) (Entered: 07/25/2008)

July 25, 2008

July 25, 2008

PACER
83

Amicus Curiae Brief of AARP in Support of Petitioners filed by Amicus AARP. (gk) (Entered: 07/28/2008)

July 25, 2008

July 25, 2008

RECAP
74

MEMORANDUM in Support Preliminary Injunction filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 07/25/2008)

July 25, 2008

July 25, 2008

PACER
84

DECLARATIONS for Which Judicial Notice is Requested in Support of Preliminary Injunction 73, Volume One, Declarations 1 through 11, filed by Petitioners Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco, Gerald Shapiro, Pharm.D., dba Uptown Pharmacy & Gift Shoppe, Sharon Steen, dba Central Pharmacy, Tran Pharmacy, Inc., dba Tran Pharmacy, Mark Beckwith, Margaret Dowling, and Jason Young. (gk) (Entered: 07/28/2008)

July 25, 2008

July 25, 2008

PACER
75

DECLARATION of Pharmacies MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Petitioner Jason Young. (Carman, Lynn) (Entered: 07/26/2008)

July 25, 2008

July 25, 2008

PACER
85

DECLARATIONS for Which Judicial Notice is Requested in Support of Preliminary Injunction 73, Volume Two, Declarations 12 through 39, filed by Petitioners Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco, Gerald Shapiro, Pharm.D., dba Uptown Pharmacy & Gift Shoppe, Sharon Steen, dba Central Pharmacy, Tran Pharmacy, Inc., dba Tran Pharmacy, Mark Beckwith, Margaret Dowling, and Jason Young. (gk) (Entered: 07/28/2008)

July 25, 2008

July 25, 2008

PACER
86

DECLARATIONS for Which Judicial Notice is Requested in Support of Preliminary Injunction 73, Volume Three, Declarations 40 through 50, filed by Petitioners Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco, Gerald Shapiro, Pharm.D., dba Uptown Pharmacy & Gift Shoppe, Sharon Steen, dba Central Pharmacy, Tran Pharmacy, Inc., dba Tran Pharmacy, Mark Beckwith, Margaret Dowling, and Jason Young. (gk) Modified on 7/28/2008 (gk). (Entered: 07/28/2008)

July 25, 2008

July 25, 2008

PACER
87

DECLARATIONS for Which Judicial Notice is Requested in Support of Preliminary Injunction 73, Volume Four, Declarations 51 through 65, filed by Petitioners Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco, Gerald Shapiro, Pharm.D., dba Uptown Pharmacy & Gift Shoppe, Sharon Steen, dba Central Pharmacy, Tran Pharmacy, Inc., dba Tran Pharmacy, Mark Beckwith, Margaret Dowling, and Jason Young. (gk) (Entered: 07/28/2008)

July 25, 2008

July 25, 2008

PACER
88

DECLARATIONS for Which Judicial Notice is Requested in Support of Preliminary Injunction 73, Volume Five, Declarations 66 through 68, filed by Petitioners Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco, Gerald Shapiro, Pharm.D., dba Uptown Pharmacy & Gift Shoppe, Sharon Steen, dba Central Pharmacy, Tran Pharmacy, Inc., dba Tran Pharmacy, Mark Beckwith, Margaret Dowling, and Jason Young. (gk) (Entered: 07/28/2008)

July 25, 2008

July 25, 2008

PACER
89

DECLARATIONS for Which Judicial Notice is Requested in Support of Preliminary Injunction 73, Volume Six, Declarations 69 through 87, filed by Petitioners Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco, Gerald Shapiro, Pharm.D., dba Uptown Pharmacy & Gift Shoppe, Sharon Steen, dba Central Pharmacy, Tran Pharmacy, Inc., dba Tran Pharmacy, Mark Beckwith, Margaret Dowling, and Jason Young. (gk) (Entered: 07/28/2008)

July 25, 2008

July 25, 2008

PACER
76

DECLARATION of THU-HANG TRAN, Pharm.D. IN SUPPORT OF MOTION for Preliminary Injunction re: federal preempted 10% Medicaid payment cuts 10 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 07/26/2008)

July 26, 2008

July 26, 2008

PACER
77

NOTICE Table filed by PETITIONERS Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Carman, Lynn) (Entered: 07/26/2008)

July 26, 2008

July 26, 2008

PACER
93

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 48 filed by Mark Beckwith, Gray Panthers of San Francisco, Tran Pharmacy, Inc., Independent Living Center of Southern California, Margaret Dowling, Jason Young, Sharon Steen, Gerald Shapiro, CCA # 08-56061. A hearing on appellants' motion for a preliminary injunction is set for 2:00 p.m. on August 1, 2008, in the Central District Court of California. In light of the pendency of that proceeding and our expectation that, pursuant to our order of July 11, 2008, the district court will act promptly on the question of whether a preliminary injuction shall issue. (cbr) (Entered: 07/30/2008)

July 28, 2008

July 28, 2008

PACER
90

NOTICE of Change of Attorney Information for attorney Jennifer M Kim counsel for Respondent California Department of Health Care Services. Phillip J. Matsumoto will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Phillip J. Matsumoto is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant Department of Health Care Services (Kim, Jennifer) (Entered: 07/29/2008)

July 29, 2008

July 29, 2008

PACER
91

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Memorandum exceeding 10 pages shall contain table of contents, Local Rule 11-8 RE: Petitioners' Supplemental Memorandum in Support of Preliminary Injunction filed 7/25/2008 74 . 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: 07/29/2008)

July 29, 2008

July 29, 2008

PACER
92

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Title page is missing. This filing appears to be the table of contents for the Petitioner's Supplemental Memorandum in Support of Preliminary Injunction filed 7/25/2008, document number 74 RE: Table re Petitioner's Supplemental Memorandum in Support of Preliminary Injunction filed 7/26/1008 77 . 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: 07/29/2008)

July 29, 2008

July 29, 2008

PACER
94

OPPOSITION to REQUEST for Preliminary Injunction re: Request for Judicial Notice 73 filed by Respondent Sandra Shewry. (Attachments: # 1 RESPONDENT'S OBJECTIONS TO DECLARATIONS FILED UNDER JUDICIAL NOTICE IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, # 2 RESPONDENT'S OBJECTIONS TO PETITIONERS' DOCUMENTS IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, # 3 RESPONDENT'S OPPOSITION TO PETITIONERS' REQUEST FOR JUDICIAL NOTICE OF DECLARATIONS)(Snuggs, Carmen) (Entered: 07/30/2008)

2 RESPONDENT'S OBJECTIONS TO DECLARATIONS FILED UNDER JUDICIAL NOTICE IN SUP

View on PACER

3 RESPONDENT'S OBJECTIONS TO PETITIONERS' DOCUMENTS IN SUPPORT OF MOTIO

View on PACER

4 RESPONDENT'S OPPOSITION TO PETITIONERS' REQUEST FOR JUDICIAL NOTICE O

View on PACER

July 30, 2008

July 30, 2008

PACER
95

MEMORANDUM in Opposition to Petitioners' Supplemental Motion for Preliminary Injunction filed by Respondent Sandra Shewry. (Snuggs, Carmen) (Entered: 07/30/2008)

July 30, 2008

July 30, 2008

PACER
96

NOTICE of Manual Filing filed by Respondent Sandra Shewry of DECLARATIONS IN SUPPORT OF RESPONDENT'S OPPOSITION TO SUPPLEMENTAL MOTION FOR PRELIMINARY INJUNCTION, VOLS. 1 AND 2. (Venegas, John) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
97

NOTICE of Decision: L.A. County Superior Court Order dated 07/29/08 filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Friedman, Stanley) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
98

NOTICE OF MOTION AND MOTION to Strike Declaration of Gorospe filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. Motion set for hearing on 8/1/2008 at 02:00 PM before Judge Christina A. Snyder. (Friedman, Stanley) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
99

NOTICE OF MOTION AND MOTION to Strike Declaration of Hansen filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Sandra Shewry, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. Motion set for hearing on 8/1/2008 at 02:00 PM before Judge Christina A. Snyder. (Friedman, Stanley) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER
100

REQUEST FOR JUDICIAL NOTICE filed by Petitioners Gerald Shapiro, Sharon Steen, Mark Beckwith, Margaret Dowling, Tran Pharmacy, Inc., Jason Young, Independent Living Center of Southern California, Gray Panthers of Sacramento, Gray Panthers of San Francisco. (Friedman, Stanley) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

PACER

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: April 22, 2008

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

a coalition of health care rights advocacy groups, pharmacies and pharmacists who participate in California's Medicaid program, Medi-Cal, and individual recipients of Medi-Cal

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

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:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

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