Case: California Association For Health Services At Home v. Shewry

2:08-cv-07045 | U.S. District Court for the Central District of California

Filed Date: Oct. 24, 2008

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On October 24, 2008, an association of home health care providers brought this complaint in the U.S. District Court for the Central District of California against the Director of the Department of Health Care Services of the State of California. The plaintiff sought to enjoin the Director from implementing state legislation reducing payments to home medical service providers under California's Medi-Cal program by ten percent. Plaintiff argued that the ten percent rate reduction violated Title …

On October 24, 2008, an association of home health care providers brought this complaint in the U.S. District Court for the Central District of California against the Director of the Department of Health Care Services of the State of California. The plaintiff sought to enjoin the Director from implementing state legislation reducing payments to home medical service providers under California's Medi-Cal program by ten percent. Plaintiff argued that the ten percent rate reduction violated Title XIX of the federal Social Security Act (the Medicaid Act), 42 U.S.C. § 1396 et seq., and was therefore invalid under the Supremacy Clause. The plaintiff sought declaratory judgment under 42 U.S.C. § 2201.

The Director moved to stay the action or continue the hearing on the plaintiff's motion for preliminary injunction and extending time to respond to the two new related cases. On November 3, 2008, Judge Christina A. Snyder ordered this case and two related cases stayed in their entirety until further notice.

On June 1, 2011, this case was ordered removed from the list of active cases of the Central District of California. It was further ordered that counsel file a joint report detailing the status of the case every quarter until the action was reactivated or a stipulation for dismissal was filed.

On November 28, 2011, the Director filed notice that the Centers for Medicaid and Medicare Services (CMS) approved the State Plan Amendment (SPA) that the plaintiffs opposed. CMS approved the proposed reimbursement rate reduction. While the docket contains almost no further activity, it appears that the plaintiffs appealed this decision.

On April 23, 2015, the plaintiffs sought to dismiss the case, which the court approved on May 4. The case is now closed.

Summary Authors

David Priddy (10/4/2011)

Virginia Weeks (2/19/2018)

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People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5907607/parties/california-association-for-health-services-at-home-v-sandra-shewry/


Judge(s)

Nagle, Margaret A. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Carman, Lynn S. (California)

Friedman, Stanley Lester (California)

Judge(s)

Nagle, Margaret A. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Carman, Lynn S. (California)

Friedman, Stanley Lester (California)

Documents in the Clearinghouse

Document

2:08-cv-07045

Docket

May 4, 2015

May 4, 2015

Docket
1

2:08-cv-07045

Complaint for Injunction and Declaratory Relief

California Association for Health Services at Home v. Shewry

Oct. 24, 2008

Oct. 24, 2008

Complaint
6

2:08-cv-07045

Order Re: Respondent's Ex Parte Application for Order Staying the Action and the Two New Related Cases or, in the Alternative, Continuing Hearing on Petitioners' Third Motion for Preliminary Injunction

California Association for Health Services at Home v. Shewry

Nov. 3, 2008

Nov. 3, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5907607/california-association-for-health-services-at-home-v-sandra-shewry/

Last updated May 20, 2022, 2:24 a.m.

ECF Number Description Date Link Date / Link
15

ORDER ON STIPULATION by Judge Christina A. Snyder: Upon Stipulation 14 , IT IS HEREBY ORDERED that, pursuant to Federal Rule of Civil Procedure 41(a)(1), Case No. CV 08-7045 is hereby dismissed with prejudice. (gk)

May 4, 2015

May 4, 2015

RECAP
1

COMPLAINT against Defendants Sandra Shewry, DOES 1 through 50. (Filing fee $ 350 PAID.), filed by Plaintiff California Association For Health Services At Home. [Give Dismissal of Does.] (et) (Additional attachment(s) added on 10/27/2008: # 1 Notice of Assignment, # 2 Summons, # 3 Civil Cover Sheet) (ds). (Entered: 10/27/2008)

Oct. 24, 2008

Oct. 24, 2008

20 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Sandra Shewry, DOES 1 through 50. (et) (Entered: 10/27/2008)

2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff California Association For Health Services At Home. (et) (ds). (Entered: 10/27/2008)

3 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (et) (Entered: 10/27/2008)

4 NOTICE of Related Case(s) filed by Plaintiff California Association For Health Services At Home. Related Case(s): CV 08-3315 CAS (MANx) (rn) (Entered: 10/29/2008)

5 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 08-3315 CAS (MANx). Case transferred from Judge Percy Anderson and Magistrate Judge Alicia G. Rosenberg to Judge Christina A. Snyder and Magistrate Judge Margaret A. Nagle for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 08-7045 CAS (MANx).Signed by Judge Christina A. Snyder (rn) (Entered: 10/30/2008)

6 ORDER RE: RESPONDENT'S EX PARTE APPLICATION FOR ORDER STAYING THE ACTION AND THE TWO NEW RELATED CASES OR, IN THE ALTERNATIVE, CONTINUING HEARING ON PETITIONERS' THIRD MOTION FOR PRELIMINARY INJUNCTION AND EXTENDING TIME TO RESPOND TO THE TWO NEW RELATED CASES by Judge Christina A. Snyder: Respondent Sandra Shewry, Director of the California Department of Health Care Services' Ex Parte Application for Order Staying the Action and the Two New Related Cases or, in the Alternative, Continuing Hearing on Petitioners' Third Motion for Preliminary Injunction and Extending Time to Respond to the Two New Related Cases [filed under CV 08-03315 CAS (MANx)] is GRANTED in part and DENIED in part. The following cases are hereby stayed in their entirety until further order of Court: CV 08-07045 CAS (MANx): California Association for Health Services at Home v. Sandra Shewry; CV 08-07046 CAS (MANx): California Medical Transportation Association v. Sandra Shewry; and CV 08-03315 CAS Independent Living et al v. Sandra Shewry. The Third Motion for Preliminary Injunction [filed under CV 08-03315 CAS (MANx)] shall be heard on 11/17/2008 at 10:00 AM, as originally scheduled. (gk) (Entered: 11/04/2008)

7 NOTICE TO COUNSEL by Judge Christina A. Snyder: This case has been assigned to the calendar of Judge Christina A. Snyder. Counsel are advised that the Court expects strict compliance with the provisions of the Local Rules and the Federal Rules of Civil Procedure. See document for details. (gk) (Entered: 11/04/2008)

8 NOTICE Voluntary Dismissal of Third, Fourth and Fifth Claims for Relief (Federal Rule of Civil Procedure 41(a)(1) filed by Plaintiff California Association For Health Services At Home. (Friedman, Stanley) (Entered: 01/13/2009)

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

https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?107927270790561-L_1_0-1 2/3 10 MINUTES (IN CHAMBERS) - ORDER REMOVING ACTION FROM THE ACTIVE LIST OF CASES, PURSUANT TO A STAY IN THE ACTION by Judge Christina A. Snyder: THE COURT, having approved a stay in this matter on 11/3/2008; IT IS HEREBY ORDERED that this action is hereby removed from this Court's active caseload until further application by the parties or order of this Court. IT IS FURTHER ORDERED that counsel shall file a joint report detailing the status of the case within 90 days and every stipulation for dismissal is filed. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. (Made JS-6. Case Terminated.) Court Reporter: Not Present. (gk) (Entered: 06/02/2011)

11

NOTICE OF APPROVAL OF STATE PLAN AMENDMENTS filed by Respondent Sandra Shewry. (Snuggs, Carmen) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

12

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

Nov. 5, 2013

Nov. 5, 2013

13

NOTICE OF DISMISSAL filed by Plaintiff California Association For Health Services At Home pursuant to FRCP 41a(1) as to California Association For Health Services At Home. (Friedman, Stanley) (Entered: 04/23/2015)

April 23, 2015

April 23, 2015

14

STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1) filed by Plaintiff California Association For Health Services At Home. (Attachments: # 1 Proposed Order)(Friedman, Stanley) (Entered: 04/30/2015)

April 30, 2015

April 30, 2015

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Oct. 24, 2008

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A California nonprofit corporation that represents home health agencies, home care aide organizations, home medical equipment providers, home infusion pharmacy providers, and interdisciplinary professional service organizations

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of California, State

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

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

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Benefit Source:

Medicaid