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 …

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.

show full summary

Summary Authors

David Priddy (10/4/2011)

Virginia Weeks (2/19/2018)

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

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

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

California Hospital Association v. Maxwell-Jolly, Central 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)

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

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

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)

Attorney for Plaintiff

Carman, Lynn S. (California)

Friedman, Stanley Lester (California)

Judge(s)

Nagle, Margaret A. (California)

Snyder, Christina A. (California)

Attorney for Plaintiff

Carman, Lynn S. (California)

Friedman, Stanley Lester (California)

Attorney Contact Information via CourtListener

show all people

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

show / hide documents

Docket

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

Last updated Aug. 6, 2023, 3:01 a.m.

ECF Number	Description	Date	Link Date / Link
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
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
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

show / hide docket entries

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

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)