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Case: California Medical Transportation Association, Inc. v. Shewry

2:08-cv-07046 | U.S. District Court for the Central District of California

Filed Date: Oct. 24, 2008

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On October 24, 2008, plaintiff non-emergency medical transportation service filed this claim in 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 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 Se…

On October 24, 2008, plaintiff non-emergency medical transportation service filed this claim in 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 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 Defendant submitted an ex parte application for an order staying this action and two related cases. In an order filed on November 3, 2008, the Central District of California (Judge Christina A. Snyder) granted the order staying the instant action and two related cases. The Court stayed this case as well as California Association for Health Services at Home v. Shewry (CV 08-07045) and Independent Living et al v. Shewry (CV 08-3315) until further order of the Court.

On June 1, 2011, Judge Snyder issued an order removing this action from the active list of cases. The Judge ordered that counsel file a joint report detailing the status of the case every quarter until the action is reactivated or a stipulation for dismissal is filed. This is the last entry on the docket as of July 17, 2013.

Summary Authors

David Priddy (10/18/2011)

Alex Colbert-Taylor (7/17/2013)

Related Cases

Independent Living Center of Southern California v. Maxwell-Jolly, Central District of California (2008)

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 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 attrorneys, see: https://www.courtlistener.com/docket/5907606/parties/california-medical-transporation-association-inc-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)

Attorneys(s) for Defendant

Harris, Kamala D. (California)

Kim, Jennifer M. (California)

Snuggs, Carmen (California)

Judge(s)

Nagle, Margaret A. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Carman, Lynn S. (California)

Friedman, Stanley Lester (California)

Attorneys(s) for Defendant

Harris, Kamala D. (California)

Kim, Jennifer M. (California)

Snuggs, Carmen (California)

Documents in the Clearinghouse

Document

2:08-cv-07046

Docket [PACER]

California Medical Transportation Association, Inc. v. Shewry

Nov. 28, 2011

Nov. 28, 2011

Docket
1

2:08-cv-07046

Complaint for Injunction and Declaratory Relief

Oct. 24, 2008

Oct. 24, 2008

Complaint
10

2:08-cv-07046

Notice of Approval of State Plan Amendments

Nov. 28, 2011

Nov. 28, 2011

Notice Letter

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5907606/california-medical-transporation-association-inc-v-sandra-shewry/

Last updated Nov. 2, 2022, 3:11 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 Medical Transporation Association, Inc. [Given 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

2

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff California Medical Transporation Association, Inc. (et) (ds). (Entered: 10/27/2008)

Oct. 24, 2008

Oct. 24, 2008

3

NOTICE of Related Case(s) filed by Plaintiff California Medical Transporation Association, Inc.. Related Case(s): CV 08−3315 CAS (MANx) (rn) (Entered:

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)

Oct. 24, 2008

Oct. 24, 2008

5

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)

Nov. 3, 2008

Nov. 3, 2008

6

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)

Nov. 4, 2008

Nov. 4, 2008

7

NOTICE Voluntary Dismissal of Third, Fourth and Fifth Claims for Relief (Federal Rule of Civil Procedure 41 (a)(1) filed by Plaintiff California Medical Transporation Association, Inc.. (Friedman, Stanley) (Entered: 01/13/2009)

Jan. 13, 2009

Jan. 13, 2009

8

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)

Aug. 19, 2009

Aug. 19, 2009

9

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 quarter thereafter until the action has been reactivated on this Court's active caseload or a 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)

June 1, 2011

June 1, 2011

10

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

Nov. 28, 2011

Nov. 28, 2011

14

ORDER ON STIPULATION by Judge Christina A. Snyder: Upon Stipulation 13 , IT IS HEREBY ORDERED that, pursuant to Federal Rule of Civil Procedure 41(a)(1), Case No. CV 08-7046 is hereby dismissed with prejudice. (gk)

May 4, 2015

May 4, 2015

RECAP

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: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Non-emergency medical transportation service that would be affected by California Medicaid disbursement rate reduction.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of California, State

Defendant Type(s):

Hospital/Health Department

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)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Funding

Government services

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

Benefit Source:

Medicaid