Case: California Pharmacists Association v. Maxwell-Jolly

2:09-cv-00722 | U.S. District Court for the Central District of California

Filed Date: Jan. 29, 2009

Closed Date: Jan. 1, 2016

Clearinghouse coding complete

Case Summary

In 2008 and 2009, the California Legislature passed three statutes modifying the State's Medicaid plan. Under the Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., such modifications must be approved by the Department of Health and Human Services Centers for Medicare and Medicaid Services (“CMS”) prior to being implemented. In September and December 2008, California submitted amendment proposals to CMS that incorporated most of the rate reductions the Legislature had already inclu…

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

The plaintiffs in this case were a group of several associations of California medical professionals, pharmacies, and hospitals. On January 29, 2009, the plaintiffs filed a complaint in the Central District of California against the Director of the Department of Health Care Services of the State of California. Private counsel represented the plaintiffs in this action and the Attorney General of California represented the defendant. The group of plaintiffs sought an injunction to invalidate the cutbacks to California's Medicaid program ("Medi-Cal") mandated by the State Legislature.

On September 18, 2008, Governor Schwarzenegger had signed into law AB 1183, which included a five percent rate reduction for payments to certain intermediate care facilities under the Medi-Cal fee-for-service program, a five percent rate reduction to payments to pharmacies and adult day health care, and a one percent rate reduction for all other Medi-Cal fee-for-service benefits. This amended an earlier law, which had a higher, 10 percent rate reduction and had been struck down by the U.S. District Court for the Central District of California in Independent Living Center of Southern California v. Shewry. (see related case PB-CA-0016)

The plaintiffs in the instant case alleged that AB 1183 violated Title XIX, 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 federal Medicaid law they were therefore preempted by the Supremacy Clause. The plaintiffs sought declaratory and injunctive relief, asking the court to find that AB 1183 was in violation of federal law and to prevent its enforcement.

On February 11, 2009, the plaintiffs filed a motion for preliminary injunction to prevent the implementation of rate reductions for pharmacies and adult day health care centers. A second motion for preliminary injunction followed on February 13, 2009 regarding the rate reductions for hospital services. On March 9, 2009, Judge Christina Snyder issued orders on these motions for preliminary injunction granting the motion as to adult health care centers and denying the motion as to hospitals. For the motion relating to hospitals, Judge Snyder found that the plaintiffs had demonstrated a likelihood of success on the merits but had not shown a likelihood of irreparable harm. Cal. Pharmacists Assoc. v. Maxwell-Jolly, 630 F.Supp.2d 1144 (C.D. Cal. 2009). The defendants and plaintiffs then appealed the orders granting preliminary injunction and denying preliminary injunction, respectively, to the Ninth Circuit. On April 6, 2009, the Ninth Circuit found that the district court had abused its discretion in not granting the preliminary injunction as to hospitals and granted the plaintiff's motion for stay pending appeal. On March 3, 2010, the Ninth Circuit found that in implementing the rate reductions the State had not relied on responsible costs studies or studied the impact of the contemplated rate changes prior to setting the rates, and was therefore in violation of 42 U. S. C. §1396a(a)(30)(A). The Ninth Circuit, therefore, affirmed the district court's order granting the plaintiffs' motion for a preliminary injunction. Cal. Pharmacists Assoc. v. Maxwell-Jolly, 563 F.3d 847 (9th Cir. 2009). In light of this, on April 16, 2010, Judge Snyder issued an order vacating her March 9, 2009 order and granting the plaintiffs' motion for preliminary injunction with regard to hospitals.

On March 24, 2010, the defendants petitioned the United States Supreme Court to review 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 Independent Living Center of Southern California, Inc. v. Shewry (Clearinghouse case code PB-CA-0016), 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 change, 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, on February 22, 2012, 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 (U.S. 2012).

Back in the Ninth Circuit, on May 22, 2012, the plaintiffs, joined by parties in other Ninth Circuit cases, filed a unanimous joint motion to refer parties to mediation. That motion was granted on the same day, and parties began mediation on May 25, 2012.

On September 16, 2013, the caption of the case was changed to reflect that Toby Douglas was the Director of the Department of Health Care Services, and David Maxwell-Jolly’s name was omitted.

After a span of two years of mediation, the parties negotiated a settlement. On May 27, 2014 the plaintiffs, joined by parties in other Ninth Circuit cases, filed a joint motion to dismiss each of the cases voluntarily, with each side bearing its own costs and fees on appeal. The motion was granted and the appeals dismissed on May 28, 2014.

The settlement itself was executed in April 2014, and was submitted to the district court for approval on August 19, 2014. Judge Snyder granted the motion, approving the settlement agreement on September 22, 2014, and dismissed the case with prejudice on April 23, 2015.

Under the settlement agreement, the Department of Health Care Services and its Director (collectively, “the Department”) agreed to forgo recoupment claims against Medi-Cal providers arising out of the preliminary injunctions in these cases, except with respect to Medi-Cal providers who are not represented here and choose to opt out of the settlement agreement, the plaintiff hospitals in Santa Rosa Memorial Hospital v. Maxwell-Jolly (Docket No. 08-CV-5173-SC), Santa Rosa Memorial Hospital v. Douglas (Docket No. CPF-09-509658), and North Bay Healthcare Group v. Douglas (Docket No. CGC-11-512059), and any providers who institute a new suit or fail to dismiss a pending suit or administrative action under AB 5 or AB 1183 rate reductions.

The plaintiffs agreed to release state and federal entities from liability relating to the rate reductions, excluding claims about the Department’s accuracy in calculating reimbursement. The Department released the plaintiffs from liability relating to any payments not made while the rate reductions were enjoined, but where federal approval from CMS was ultimately obtained or where the Department withdrew its requests for approval regarding proposed amendments from CMS. The district court retained jurisdiction over the enforcement of this order until January 1, 2016.

Summary Authors

David Priddy (10/30/2011)

Alex Colbert-Taylor (7/17/2013)

Caitlin Hatakeyama (11/25/2018)

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

Independent Living Center 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/4144491/parties/california-pharmacists-association-v-david-maxwell-jolly/


Judge(s)

Berzon, Marsha Siegel (California)

Fletcher, William A. (California)

Nagle, Margaret A. (California)

Reinhardt, Stephen Roy (California)

Smith, Milan Dale Jr. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Bookman, Lloyd A. (California)

Cannizzo, Craig J. (California)

Carson, Susan (California)

Dubin, Michael A. (California)

Judge(s)

Berzon, Marsha Siegel (California)

Fletcher, William A. (California)

Nagle, Margaret A. (California)

Reinhardt, Stephen Roy (California)

Smith, Milan Dale Jr. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Bookman, Lloyd A. (California)

Cannizzo, Craig J. (California)

Carson, Susan (California)

Dubin, Michael A. (California)

Gross, Byron J. (California)

Keville, Jordan B. (California)

Schwartz, Karin S. (California)

Sze, Felicia Y. (California)

Attorneys(s) for Defendant

Carman, Lynn S. (California)

Chambers, Shannon Michelle (California)

Cribbs, Gregory Martin (California)

Humes, James M. (California)

Kim, Jennifer M. (California)

Leyton, Stacey M. (California)

Linton, Elizabeth Ann (California)

Maynard, Deanne (District of Columbia)

Murphy, Randall R. (California)

Phillips, Carter G (District of Columbia)

Sondheimer, Joshua N. (California)

Other Attorney(s)

Ball, Frederick R. (Illinois)

Bullock, Louis Werner (Oklahoma)

Bursch, John J. (Michigan)

Hallward-Driemeier, Douglas Harry (District of Columbia)

Joseph, Lawrence J (District of Columbia)

Kneedler, Edwin S. (District of Columbia)

McConnell, Michael W (District of Columbia)

Untereiner, Alan (District of Columbia)

Verrilli, Donald B. Jr. (District of Columbia)

Vladeck, Stephen I (District of Columbia)

Wolfson, Paul R. Q. (Illinois)

Expert/Monitor/Master

Michael, Dubin A. (California)

Documents in the Clearinghouse

Document

2:09-cv-00722

09-55365

09-55532

Docket [PACER]

May 22, 2012

May 22, 2012

Docket

09-55532

General Docket

U. S. Court of Appeals for the Ninth Circuit

July 12, 2013

July 12, 2013

Docket

09-01158

Supreme Court Docket

Douglas v. California Pharmacists Association

Supreme Court of the United States

April 23, 2015

April 23, 2015

Docket
1

2:09-cv-00722

Complaint

Jan. 29, 2009

Jan. 29, 2009

Complaint
35

2:09-cv-00722

Order Granting Plaintiff's Motion for Preliminary Injunction as to Adult Day Health Centers

California Pharmacist's Association v. Jolly

630 F.Supp.2d 1144

March 9, 2009

March 9, 2009

Order/Opinion
36

2:09-cv-00722

Order Denying Plaintiffs' Motion for Preliminary Injunction as to Hospitals

California Pharmacists Association v. Jolly

630 F.Supp.2d 1154

March 9, 2009

March 9, 2009

Order/Opinion

2:09-cv-00722

09-55365

Ninth Circuit Order Re: Motion for Stay Pending Appeal

U. S. Court of Appeals for the Ninth Circuit

563 F.3d 847, 2009 U.S.App.LEXIS 7171

April 6, 2009

April 6, 2009

Order/Opinion

09-55532

Opinion

U. S. Court of Appeals for the Ninth Circuit

596 F.3d 1098

Jan. 19, 2010

Jan. 19, 2010

Order/Opinion
81

2:09-cv-00722

Civil Minutes General [Order Vacating this Court’s March 9, 2009 Order and Granting Plaintiffs’ Motion for Preliminary Injunction]

April 16, 2010

April 16, 2010

Order/Opinion
86

2:09-cv-00722

Order re Joint Motion for Modification of Court's April 16, 2010 Preliminary Injunction Order

June 16, 2010

June 16, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4144491/california-pharmacists-association-v-david-maxwell-jolly/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendant David Maxwell-Jolly. (Filing fee $ 350 PAID.), filed by Plaintiffs Charles Gallagher, California Dental Association, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, California Medical Association, Fey Garcia. (et) (ds). (Entered: 02/02/2009)

Jan. 29, 2009

Jan. 29, 2009

RECAP
2

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Charles Gallagher, California Dental Association, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, California Medical Association, Fey Garcia. (et) (ds). (Entered: 02/02/2009)

Jan. 29, 2009

Jan. 29, 2009

PACER
3

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (et) (Entered: 02/02/2009)

Jan. 29, 2009

Jan. 29, 2009

PACER
4

EX PARTE APPLICATION to Exceed Page Limitation for Briefing in Support of Motion for Preliminary Injunction filed by Plaintiff California Pharmacists Association.(Gross, Byron) (Entered: 02/02/2009)

Feb. 2, 2009

Feb. 2, 2009

PACER
5

MEMORANDUM in Support of EX PARTE APPLICATION to Exceed Page Limitation for Briefing in Support of Motion for Preliminary Injunction 4 filed by Plaintiff California Hospital Association. (Attachments: # 1 Declaration of Jordan B. Keville re Ex Parte Notice)(Gross, Byron) (Entered: 02/02/2009)

2 Declaration of Jordan B. Keville re Ex Parte Notice

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Feb. 2, 2009

Feb. 2, 2009

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6

MEMORANDUM in Support of EX PARTE APPLICATION to Exceed Page Limitation for Briefing in Support of Motion for Preliminary Injunction 4 AMENDED TO ATTACH EXH A TO DECLARATION OF JORDAN B. KEVILLE. (Gross, Byron) (Entered: 02/03/2009)

Feb. 3, 2009

Feb. 3, 2009

PACER
8

NOTICE TO COUNSEL: This case has been assigned to the calendar of Judge Christina A. Snyder. (See Notice for further details). (mmu) (Entered: 02/04/2009)

Feb. 3, 2009

Feb. 3, 2009

PACER
7

PROOF OF SERVICE Executed Charles Gallagher, California Dental Association, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, California Medical Association, Fey Garcia, upon David Maxwell-Jolly served on 2/2/2009, answer due 2/22/2009. The Summons and Complaint were served by Personal service, by Federal statute, upon Connie Ullrich, Authorized Agent. Due Dilligence declaration no. Original Summons no. (Sze, Felicia) (Entered: 02/04/2009)

Feb. 4, 2009

Feb. 4, 2009

PACER
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MINUTES OF IN CHAMBERS ORDER by Judge Christina A. Snyder re: EX PARTE APPLICATION to Exceed Page Limitation for Briefing in Support of Motion for Preliminary Injunction 4 . Upon the Court's rview, the Court hereby DENIES Plaintiffs' Ex Parte Application to Exceed Normally Applicable Page limits for Briefing on Motion for Preliminary Injunction. (mmu) (mmu). (Entered: 02/05/2009)

Feb. 4, 2009

Feb. 4, 2009

PACER
11

STIPULATION for Extension of Time to File First Motion for Preliminary Injunction, Second Motion for Preliminary Injunction, Oppositions and Replies filed by Plaintiffs Charles Gallagher, California Dental Association, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, California Medical Association, Fey Garcia. (Attachments: # 1 Proposed Order Regarding Briefing Schedule for Motions for Preliminary Injunction)(Keville, Jordan) (Entered: 02/10/2009)

2 Proposed Order Regarding Briefing Schedule for Motions for Preliminary Injunctio

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Feb. 10, 2009

Feb. 10, 2009

PACER
12

ORDER RE TRANSFER PURSUANT TO Local Rule 83-1.3.1 and General Order 08.05 -Related Case- filed. Related Case No: CV 08-3315 CAS (MANx). Case referred from Magistrate Judge Charles F. Eick to Magistrate Judge Margaret A. Nagle for Discovery. The case number will now read as follows: CV 09-00722 CAS (MANx). Signed by Magistrate Judge Margaret A. Nagle. (rn) (Entered: 02/11/2009)

Feb. 11, 2009

Feb. 11, 2009

PACER
13

NOTICE OF MOTION AND MOTION for Preliminary Injunction re: Implementation of rate reduction for pharmacies and adult day health care centers filed by Plaintiffs Charles Gallagher, California Pharmacists Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Fey Garcia. Motion set for hearing on 3/9/2009 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 memo of ps and as, # 2 request for judicial notice, # 3 lodgment of state authorities, # 4 Proposed Order proposed order, # 5 Declaration Guadarrama decl, # 6 Declaration gallagher decl., # 7 Declaration Garcia decl., # 8 Declaration dirks decl, # 9 Declaration Mendez decl., # 10 Declaration Simmons decl., # 11 Declaration Traylor decl., # 12 Declaration Lamar decl., # 13 Declaration Crown decl., # 14 Declaration Regalia decl., # 15 Declaration Kauffman decl., # 16 Civil Cover Sheet Davis decl., # 17 Declaration puckett decl., # 18 Declaration Vega decl., # 19 Declaration nolcox, # 20 Declaration Kakar decl., # 21 Declaration Dominguez decl., # 22 Declaration Harper decl., # 23 Declaration sharp decl., # 24 Declaration Mee decl., # 25 Civil Cover Sheet Salameh decl., # 26 Declaration Jeha decl., # 27 Declaration Medina decl., # 28 Declaration cable decl., # 29 Declaration davis decl., # 30 Declaration Light decl., # 31 Declaration Basrai decl., # 32 Declaration youredjian decl., # 33 Declaration Gaffney decl., # 34 Declaration Meyers, # 35 Civil Cover Sheet Cronin decl., # 36 Civil Cover Sheet wandel decl., # 37 Declaration Simbeck decl., # 38 Declaration Brinton decl., # 39 Civil Cover Sheet Leonelli decl., # 40 Declaration Bains decl., # 41 Declaration Lofholm decl., # 42 Declaration Carrico decl., # 43 Declaration Lunagaria decl., # 44 Declaration bertelli decl., # 45 Declaration Markarian decl., # 46 Declaration Steen decl., # 47 Declaration Park decl., # 48 Declaration Akanwo decl., # 49 Declaration On decl., # 50 Declaration Prevost decl., # 51 Declaration Raymond decl. pt 1, # 52 Declaration Raymond decl. pt 2, # 53 Declaration Raymond decl. pt 3, # 54 Declaration Missaelides decl., # 55 Declaration Rolston decl., # 56 Declaration Schondelmeyer decl., # 57 proof of service)(Sze, Felicia) (Entered: 02/11/2009)

2 memo of ps and as

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3 request for judicial notice

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4 lodgment of state authorities

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5 Proposed Order proposed order

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6 Declaration Guadarrama decl

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7 Declaration gallagher decl.

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8 Declaration Garcia decl.

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9 Declaration dirks decl

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10 Declaration Mendez decl.

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11 Declaration Simmons decl.

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12 Declaration Traylor decl.

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13 Declaration Lamar decl.

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14 Declaration Crown decl.

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15 Declaration Regalia decl.

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16 Declaration Kauffman decl.

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17 Civil Cover Sheet Davis decl.

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18 Declaration puckett decl.

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19 Declaration Vega decl.

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20 Declaration nolcox

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21 Declaration Kakar decl.

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22 Declaration Dominguez decl.

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23 Declaration Harper decl.

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24 Declaration sharp decl.

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25 Declaration Mee decl.

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26 Civil Cover Sheet Salameh decl.

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27 Declaration Jeha decl.

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28 Declaration Medina decl.

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29 Declaration cable decl.

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30 Declaration davis decl.

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31 Declaration Light decl.

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32 Declaration Basrai decl.

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33 Declaration youredjian decl.

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34 Declaration Gaffney decl.

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35 Declaration Meyers

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36 Civil Cover Sheet Cronin decl.

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37 Civil Cover Sheet wandel decl.

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38 Declaration Simbeck decl.

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39 Declaration Brinton decl.

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40 Civil Cover Sheet Leonelli decl.

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41 Declaration Bains decl.

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42 Declaration Lofholm decl.

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43 Declaration Carrico decl.

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44 Declaration Lunagaria decl.

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45 Declaration bertelli decl.

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46 Declaration Markarian decl.

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47 Declaration Steen decl.

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48 Declaration Park decl.

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49 Declaration Akanwo decl.

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50 Declaration On decl.

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51 Declaration Prevost decl.

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52 Declaration Raymond decl. pt 1

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53 Declaration Raymond decl. pt 2

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54 Declaration Raymond decl. pt 3

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55 Declaration Missaelides decl.

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56 Declaration Rolston decl.

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57 Declaration Schondelmeyer decl.

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58 proof of service

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Feb. 11, 2009

Feb. 11, 2009

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ORDER REGARDING BRIEFING SCHEDULE FOR MOTIONS FOR PRELIMINARY INJUNCTION by Judge Christina A. Snyder: Upon Stipulation of the parties 11, the Court hereby orders the following briefing schedule: 2/11/2009 Filing date for First Motion for Preliminary Injunction (pharmacies and adult day health care centers); 2/13/2009 Filing date for Second Motion for Preliminary Injunction (hospitals); 2/26/2009 Due Date for Defendant's Oppositions to both motions; 3/4/2009 Due Date for Plaintiffs' Reply Briefs to both motions; 3/9/2009 at 10:00 AM Hearing Date. (gk) (Entered: 02/12/2009)

Feb. 11, 2009

Feb. 11, 2009

PACER
15

NOTICE Notice of Errata filed by Plaintiffs Charles Gallagher, California Pharmacists Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Fey Garcia. (Sze, Felicia) (Entered: 02/12/2009)

Feb. 12, 2009

Feb. 12, 2009

PACER
16

NOTICE OF MOTION AND MOTION for Preliminary Injunction re: AB 1183 Rate Reductions for Hospital Services filed by Plaintiffs Charles Gallagher, California Dental Association, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, California Medical Association, Fey Garcia. Motion set for hearing on 3/9/2009 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order, # 3 Declaration of Abigail Wong, # 4 Declaration of Ann Pumpian, # 5 Declaration of Art DeNio, # 6 Declaration of Byron Chell, # 7 Declaration of C. Duane Dauner, # 8 Declaration of Deborah Keel, # 9 Declaration of Dennis Haghighat, # 10 Declaration of Don Miller, # 11 Declaration of Edward McDonald, # 12 Declaration of Henry Zaretsky (part 1 of 2), # 13 Declaration of Henry Zaretsky (part 2 of 2), # 14 Declaration of Jim Vaughn, # 15 Declaration of Karen Testman, # 16 Declaration of Kathleen Farmer, # 17 Declaration of Katie Delmore, # 18 Declaration of Ken Jordan, # 19 Declaration of Kirby McKague, # 20 Declaration of Marcia Hall, # 21 Declaration of Mich Riccioni, # 22 Declaration of Robert Trautman)(Bookman, Lloyd) (Entered: 02/13/2009)

2 Memorandum of Points and Authorities

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3 Proposed Order

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4 Declaration of Abigail Wong

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5 Declaration of Ann Pumpian

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6 Declaration of Art DeNio

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7 Declaration of Byron Chell

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8 Declaration of C. Duane Dauner

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9 Declaration of Deborah Keel

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10 Declaration of Dennis Haghighat

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11 Declaration of Don Miller

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12 Declaration of Edward McDonald

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13 Declaration of Henry Zaretsky (part 1 of 2)

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14 Declaration of Henry Zaretsky (part 2 of 2)

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15 Declaration of Jim Vaughn

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16 Declaration of Karen Testman

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17 Declaration of Kathleen Farmer

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18 Declaration of Katie Delmore

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19 Declaration of Ken Jordan

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20 Declaration of Kirby McKague

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21 Declaration of Marcia Hall

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22 Declaration of Mich Riccioni

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23 Declaration of Robert Trautman

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Feb. 13, 2009

Feb. 13, 2009

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DECLARATION of James Lott in support of MOTION for Preliminary Injunction re: AB 1183 Rate Reductions for Hospital Services 16 filed by Plaintiffs Charles Gallagher, California Dental Association, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, California Medical Association, Fey Garcia. (Attachments: # 1 Declaration of James Lott, part 2, # 2 Declaration of James Lott, part 3, # 3 Declaration of James Lott, Part 4, # 4 Declaration of James Lott, Part 5, # 5 Declaration of James Lott, Part 6, # 6 Declaration of James Lott, Part 7)(Bookman, Lloyd) (Entered: 02/13/2009)

2 Declaration of James Lott, part 2

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3 Declaration of James Lott, part 3

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4 Declaration of James Lott, Part 4

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5 Declaration of James Lott, Part 5

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6 Declaration of James Lott, Part 6

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7 Declaration of James Lott, Part 7

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Feb. 13, 2009

Feb. 13, 2009

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SUPPLEMENT to MOTION for Preliminary Injunction re: AB 1183 Rate Reductions for Hospital Services 16 Appendix of State Authority in support of motion filed by Plaintiffs Charles Gallagher, California Dental Association, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, California Medical Association, Fey Garcia. (Attachments: # 1 Appendix Part 2, # 2 Appendix Part 3)(Bookman, Lloyd) (Entered: 02/13/2009)

2 Appendix Part 2

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3 Appendix Part 3

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Feb. 13, 2009

Feb. 13, 2009

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REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: AB 1183 Rate Reductions for Hospital Services 16 filed by Plaintiffs Charles Gallagher, California Dental Association, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, California Medical Association, Fey Garcia. (Attachments: # 1 Exhibit RJN Part 2, # 2 Exhibit RJN Part 3, # 3 Exhibit RJN Part 4, # 4 Exhibit Part 5, # 5 Exhibit RJN Part 6, # 6 Exhibit RJN Part 7, # 7 Exhibit RJN Part 8)(Bookman, Lloyd) (Entered: 02/13/2009)

2 Exhibit RJN Part 2

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3 Exhibit RJN Part 3

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4 Exhibit RJN Part 4

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5 Exhibit Part 5

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6 Exhibit RJN Part 6

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7 Exhibit RJN Part 7

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8 Exhibit RJN Part 8

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Feb. 13, 2009

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STIPULATION for Extension of Time to File Response as to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Proposed Order Re Stipulation to Extend time for Defendant to file Its Answer and/or Responsive Pleading to the Summons and Complaint)(Murphy, Randall) (Entered: 02/20/2009)

2 Proposed Order Re Stipulation to Extend time for Defendant to file Its Answer an

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Feb. 20, 2009

Feb. 20, 2009

PACER
21

Amendment to MOTION for Preliminary Injunction re: AB 1183 Rate Reductions for Hospital Services 16 Notice of Errata re Declaration of Chell filed by Plaintiffs Charles Gallagher, California Dental Association, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, California Medical Association, Fey Garcia. (Keville, Jordan) (Entered: 02/20/2009)

Feb. 20, 2009

Feb. 20, 2009

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ORDER upon Stipulation 20 granting defendant David Maxwell-Jolly extension to file answer to complaint to 3/5/2009 by Judge Christina A. Snyder (lc) (Entered: 03/03/2009)

Feb. 23, 2009

Feb. 23, 2009

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MEMORANDUM in Opposition to MOTION for Preliminary Injunction re: Implementation of rate reduction for pharmacies and adult day health care centers 13 filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Appendix of State Authorities in Support, # 2 Declaration of Alan Eng, # 3 Declaration of Connie Kwan, # 4 Declaration of Debra Ferreria, # 5 Declaration of Eric Lazarus, # 6 Declaration of Joe Ann Carroll, # 7 Declaration Judith Phelps, # 8 Declaration of Kevi Gorospe, # 9 Declaration of Susan Flores, # 10 Declaration of T Allan Hansen, # 11 Declaration of K. Truworthy, # 12 Declaration of Douglas - Part 1, # 13 Declaration of Douglas - Pharm - Part 2, # 14 Declaration of DOuglas - Pharm - Part 3, # 15 Declaration of Douglas - Pharm - Part 4, # 16 Declaration of Douglas - Pharm - Part 5, # 17 Declaration of Douglas - Pharm - Part 6, # 18 Declaration of Douglas - Pharm - Part 7, # 19 Declaration of Douglas - Pharm - Part 8, # 20 Supplement Proof of Service re Pharmacies)(Kim, Jennifer) (Entered: 02/27/2009)

2 Appendix of State Authorities in Support

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3 Declaration of Alan Eng

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4 Declaration of Connie Kwan

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5 Declaration of Debra Ferreria

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6 Declaration of Eric Lazarus

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7 Declaration of Joe Ann Carroll

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8 Declaration Judith Phelps

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9 Declaration of Kevi Gorospe

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10 Declaration of Susan Flores

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11 Declaration of T Allan Hansen

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12 Declaration of K. Truworthy

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13 Declaration of Douglas - Part 1

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14 Declaration of Douglas - Pharm - Part 2

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15 Declaration of DOuglas - Pharm - Part 3

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16 Declaration of Douglas - Pharm - Part 4

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17 Declaration of Douglas - Pharm - Part 5

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18 Declaration of Douglas - Pharm - Part 6

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19 Declaration of Douglas - Pharm - Part 7

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20 Declaration of Douglas - Pharm - Part 8

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21 Supplement Proof of Service re Pharmacies

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Feb. 26, 2009

Feb. 26, 2009

PACER
23

MEMORANDUM in Opposition to MOTION for Preliminary Injunction re: AB 1183 Rate Reductions for Hospital Services 16 filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Appendix of State Authorities, # 2 Declaration of Alan Eng, # 3 Declaration of Donna Shine, # 4 Declaration of Eric Lazarus, # 5 Declaration Ernest Ong, # 6 Declaration Joe Ann Carroll, # 7 Declaration of Keith Berger, # 8 Declaration of Linda Machado, # 9 Declaration of Nancy Hutchison, # 10 Declaration of Sandra Yien, # 11 Declaration of Timothy Matsumoto, # 12 Declaration of William Lau, # 13 Declaration of William Liu, # 14 Declaration of Douglas - Hospital - Part 1, # 15 Declaration of Douglas - Hospital - Part 2, # 16 Declaration of Douglas - Hospital - Part 3, # 17 Declaration of Douglas - Hospital - Part 4, # 18 Declaration of Douglas - Hospital - Part 5, # 19 Declaration of Douglas - Hospital - Part 6, # 20 Declaration of Douglas - Hospital - Part 7, # 21 Declaration of Douglas - Hospital - Part 8, # 22 Supplement Proof of Service - Hospital)(Kim, Jennifer) (Entered: 02/27/2009)

2 Appendix of State Authorities

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3 Declaration of Alan Eng

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4 Declaration of Donna Shine

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5 Declaration of Eric Lazarus

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6 Declaration Ernest Ong

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7 Declaration Joe Ann Carroll

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8 Declaration of Keith Berger

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9 Declaration of Linda Machado

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10 Declaration of Nancy Hutchison

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11 Declaration of Sandra Yien

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12 Declaration of Timothy Matsumoto

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13 Declaration of William Lau

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14 Declaration of William Liu

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15 Declaration of Douglas - Hospital - Part 1

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16 Declaration of Douglas - Hospital - Part 2

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17 Declaration of Douglas - Hospital - Part 3

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18 Declaration of Douglas - Hospital - Part 4

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19 Declaration of Douglas - Hospital - Part 5

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20 Declaration of Douglas - Hospital - Part 6

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21 Declaration of Douglas - Hospital - Part 7

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22 Declaration of Douglas - Hospital - Part 8

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23 Supplement Proof of Service - Hospital

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Feb. 27, 2009

Feb. 27, 2009

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REPLY in support MOTION for Preliminary Injunction re: AB 1183 Rate Reductions for Hospital Services 16 filed by Plaintiffs Charles Gallagher, California Dental Association, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., Farmacia Remedios, Inc., Acacia Adult Day Services, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, California Medical Association, Fey Garcia. (Attachments: # 1 Declaration (Supplemental) of Henry W. Zaretsky)(Keville, Jordan) (Entered: 03/04/2009)

2 Declaration (Supplemental) of Henry W. Zaretsky

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March 4, 2009

March 4, 2009

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REPLY to Opposition to Motion for Preliminary Injunction filed by Plaintiffs Charles Gallagher, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, Fey Garcia. (Cannizzo, Craig) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

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DECLARATION of Stephen W. Schondelmeyer in Support of MOTION for Preliminary Injunction re: Implementation of rate reduction for pharmacies and adult day health care centers 13 filed by Plaintiffs Charles Gallagher, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, Fey Garcia. (Cannizzo, Craig) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

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DECLARATION of Lydia Missaelides in Support of MOTION for Preliminary Injunction re: Implementation of rate reduction for pharmacies and adult day health care centers 13 filed by Plaintiffs Charles Gallagher, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, Fey Garcia. (Cannizzo, Craig) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

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29

LODGMENT OF STATE AUTHORITIES re MOTION for Preliminary Injunction re: Implementation of rate reduction for pharmacies and adult day health care centers 13 (REPLY TO OPPOSITION) filed by Plaintiffs Charles Gallagher, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, Fey Garcia. (Cannizzo, Craig) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

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ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant David Maxwell-Jolly.(Murphy, Randall) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

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31

SUPPLEMENT to MOTION for Preliminary Injunction re: AB 1183 Rate Reductions for Hospital Services 16 Lodgment of State Authority in Support of Reply filed by Plaintiffs Charles Gallagher, California Dental Association, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., Farmacia Remedios, Inc., Acacia Adult Day Services, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, California Medical Association, Fey Garcia. (Attachments: # 1 Lodgment of State Authority (part 2 of 3), # 2 Lodgment, part 3 of 3)(Keville, Jordan) (Entered: 03/05/2009)

2 Lodgment of State Authority (part 2 of 3)

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3 Lodgment, part 3 of 3

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March 5, 2009

March 5, 2009

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MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: Proceedings: Order Setting Scheduling Conference on 5/4/2009 at 11:00 AM before Judge Christina A. Snyder. The Scheduling Conference will be held pursuant to F.R.Civ.P 16(b). The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the date of the Rule 16(b) Scheduling Conference and to report to the Court not later than 14 days after they confer on a discovery plan and the other matters required by F.R.Civ.P. 26(f) and the Local Rules of this Court. (See document for further details). (mg) (Entered: 03/06/2009)

March 5, 2009

March 5, 2009

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First EX PARTE APPLICATION for Leave to File a Supplemental Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction of AB 1183 Rate Reductions for Hospital Services filed by Plaintiffs Charles Gallagher, California Dental Association, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, California Medical Association, Fey Garcia. (Attachments: # 1 Memorandum of Points and Authorities in Support of Ex Parte Application to File a Supplemental MPA in Support of Motion for Preliminary Injunction of AB 1183 Rate Reductions for Hospital Services, # 2 Declaration Declaration of Jordan B. Keville in support of Ex PArte Application ot File a Supplemental MPA in Support of Motion for Preliminary Injunction of AB 1183 Rate Reductions for Hospital Services, # 3 Supplemental MPA in support of Motion for Preliminary Injunction of AB 1183 Rate Reductions for Hospital Services, # 4 Proposed Order Proposed Order Granting Ex Parte Application)(Sze, Felicia) (Entered: 03/09/2009)

2 Memorandum of Points and Authorities in Support of Ex Parte Application to File

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3 Declaration Declaration of Jordan B. Keville in support of Ex PArte Application

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4 Supplemental MPA in support of Motion for Preliminary Injunction of AB 1183 Rat

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5 Proposed Order Proposed Order Granting Ex Parte Application

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March 9, 2009

March 9, 2009

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MINUTES of Motion Hearing held before Judge Christina A. Snyder: Proceedings: Plaintiff's MOTION for Preliminary Injunction of AB 1183 Rate Reductions for Pharmacies and Adult Day health Care Centers 13 ; Plaintiff's MOTION for Preliminary Injunction of AB 1183 Rate Reductions for Hospital Services 16 . Hearing held and counsel are present. Tentatives are provided. The Court confers with counsel and counsel argue. The Court takes the above-motions under submission. The Court will issue a final ruling. Court Reporter: Laura Elias. (mg) (Entered: 03/10/2009)

March 9, 2009

March 9, 2009

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ORDER by Judge Christina A. Snyder GRANTING Plaintiffs' MOTION for Preliminary Injunction as to Adult Day Health Centers 13 . The Court GRANTS plaintiffs' motion for preliminary injunction. The Court hereby orders respondent Director, his agents, servants, employees, attorneys, successors, and all those working in concert with him to refrain from enforcing Cal. Welf. & Inst. Code § 14105.191, as modified by AB 1183 beginning on March 9, 2009, by refraining from reducing by five percent payments to ADHCs provided under the Medi-Cal fee-for-service program. (mg) (Entered: 03/10/2009)

March 9, 2009

March 9, 2009

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ORDER by Judge Christina A. Snyder DENYING Plaintiffs' MOTION for Preliminary Injunction as to Hospitals 16 . The Court DENIES plaintiffs' motion for preliminary injunction with regard to AB 1183's reimbursement rate reduction to hospitals, without prejudice to its being renewed after the Ninth Circuit rules on the appeal in Independent Living Center of Southern California, Inc. v. Sandra Shewry, CV-08-3315-CAS. (mg)TT (Entered: 03/10/2009)

March 9, 2009

March 9, 2009

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ORDER by Judge Christina A. Snyder DENYING EX PARTE APPLICATION for Leave to File a Supplemental Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction of AB 1183 Rate Reductions for Hospital Services 33 . (mg) (Entered: 03/10/2009)

March 10, 2009

March 10, 2009

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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: No Certification of Interested Parties, Local Rule 7.1-1 RE: Defendant's Answer to Complaint filed 3/5/2009 30 . 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: 03/10/2009)

March 10, 2009

March 10, 2009

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39

NOTICE of Interested Parties filed by Defendant David Maxwell-Jolly, (Murphy, Randall) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

PACER
40

NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs Charles Gallagher, California Dental Association, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, California Medical Association, Fey Garcia. Appeal of Order, 36 . (Filing fee $455, receipt number 09730000000005018086.) (Attachments: # 1 Civil Cover Sheet Civil Appeals Docketing Statement, # 2 Representation Statement)(Keville, Jordan) (Entered: 03/11/2009)

2 Civil Cover Sheet Civil Appeals Docketing Statement

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3 Representation Statement

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March 11, 2009

March 11, 2009

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FIRST AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Plaintiffs California Hospital Association, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center. Amending Notice of Appeal to 9th Circuit Court of Appeals,, 40 Filed On: 3/11/09; Entered On: 3/11/09; (Attachments: # 1 Amended Representation Statement)(Keville, Jordan) (Entered: 03/11/2009)

2 Amended Representation Statement

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March 11, 2009

March 11, 2009

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42

NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to 9th Circuit Court of Appeals,, 40 as to Plaintiffs Charles Gallagher, California Dental Association, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, California Medical Association, Fey Garcia. (lr) (Entered: 03/12/2009)

March 12, 2009

March 12, 2009

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NOTIFICATION by Circuit Court of Appellate Docket Number 09-55365, 9th CCA Filed by Plaintiffs Charles Gallagher, California Dental Association, California Pharmacists Association, California Hospital Association, California Association For Adult Day Services, Marin Apothecary, Inc., South Sa cramento Pharmacy, Farmacia Remedios, Inc., Acacia Adult Day Services, Sharp Memorial Hospital, Grossmont Hospital Corporation, Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, California Medical Association, Fey Garcia regarding Notice of Appeal to 9th Circuit Court of Appeals, 40 (car) (Entered: 03/12/2009)

March 12, 2009

March 12, 2009

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ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 40 filed by Sharp Chula Vista Medical Center, Charles Gallagher, South Sacramento Pharmacy, Sharp Memorial Hospital, Fey Garcia, California Pharmacists Association, Grossmont Hospital Corporation, Sharp Coronado Hospital and Healthcare Center, California Dental Association, California Association For Adult Day Services, California Medical Association, Marin Apothecary, Inc., Farmacia Remedios, Inc., California Hospital Association, Acacia Adult Day Services, CCA # 09-55365. The appeal filed March 11, 2009 is a preliminary injuction appeal. Accordingly, Ninth Circuit Rule shall apply. Brief schedule set. (cbr) (Entered: 03/17/2009)

March 16, 2009

March 16, 2009

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ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 40 filed by Sharp Chula Vista Medical Center, Charles Gallagher, South Sacramento Pharmacy, Sharp Memorial Hospital, Fey Garcia, California Pharmacists Association, Grossmont Hospital Corporation, Sharp Coronado Hospital and Healthcare Center, California Dental Association, California Association For Adult Day Services, California Medical Association, Marin Apothecary, Inc., Farmacia Remedios, Inc., California Hospital Association, Acacia Adult Day Services, CCA # 09-55365. The court has reviewed appellants' emergency motion for an injunction pending appeal, the oppostion thereto, and the reply in support of the motion. The parties shall make themselves available for telephonic oral argument on the emergency motion on Friday, March 27, 2009, at 3 p.m. Within two days after the date of this order, each party shall provide written notice to the court of the name and telephone number of the attorney who will be appearing at the telephonic argument. Each side shall have fifteen minutes for argument. Order received in this district on 3/23/09. (lr) (Entered: 03/25/2009)

March 23, 2009

March 23, 2009

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46

NOTICE OF MOTION AND Renewed MOTION for Preliminary Injunction re: AB 1183 Rate Reductions for Pharmacies filed by Plaintiffs California Pharmacists Association, Marin Apothecary, Inc., South Sacramento Pharmacy, Farmacia Remedios, Inc.. Motion set for hearing on 4/13/2009 at 10:00 AM before Judge Christina A. Snyder. (Cannizzo, Craig) (Entered: 03/25/2009)

March 25, 2009

March 25, 2009

PACER
47

PROOF OF SERVICE re: Order,, 35 (Gross, Byron) (Entered: 03/27/2009)

March 27, 2009

March 27, 2009

PACER
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MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: Pursuant to the Local Rules, the filing of Plaintiffs' Renewed Motion for Preliminary Injunction of AB 1183 Rate Reductions for Pharmacies 46 for an 4/13/2009 hearing date is untimely. Therefore, the Court continues Plaintiffs' motion to 4/20/2009 at 10:00 AM before Judge Christina A. Snyder, to allow the allotted time for briefing pursuant to the Local Rules. Court Reporter: Not Present. (gk) (Entered: 03/30/2009)

March 27, 2009

March 27, 2009

PACER
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Request to Take Hearing Off Calendar re: Renewed MOTION for Preliminary Injunction re: AB 1183 Rate Reductions for Pharmacies 46 (Cannizzo, Craig) (Entered: 04/06/2009)

April 6, 2009

April 6, 2009

PACER
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ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals,, 40 filed by Sharp Chula Vista Medical Center, Charles Gallagher, South Sacramento Pharmacy, Sharp Memorial Hospital, Fey Garcia, California Pharmacists Association, Grossmont Hospital Corporation, Sharp Coronado Hospital and Healthcare Center, California Dental Association, California Association For Adult Day Services, California Medical Association, Marin Apothecary, Inc., Farmacia Remedios, Inc., California Hospital Association, Acacia Adult Day Services, CCA # 09-55365. The Plaintiffs MOTION FOR STAY PENDING APPEAL IS GRANTED. Order received in this district on 4/06/09. (lr) (Entered: 04/10/2009)

April 6, 2009

April 6, 2009

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50

NOTICE OF APPEAL to the 9th CCA filed by Defendant David Maxwell-Jolly. Appeal of Order,, 35 . (Kim, Jennifer) (Entered: 04/07/2009)

April 7, 2009

April 7, 2009

PACER
51

Civil Appeals Docketing Statement received from forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals 50 (Kim, Jennifer) (Entered: 04/07/2009)

April 7, 2009

April 7, 2009

PACER
52

NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to 9th Circuit Court of Appeals 50 as to Defendant David Maxwell-Jolly. (lr) (Entered: 04/08/2009)

April 8, 2009

April 8, 2009

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APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 50 as to Defendant David Maxwell-Jolly; Receipt Number: 117558 in the amount of $455. (dmap) (Entered: 04/09/2009)

April 8, 2009

April 8, 2009

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NOTIFICATION by Circuit Court of Appellate Docket Number 09-55532, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 50 as to Defendant David Maxwell-Jolly. (lr) (Entered: 04/10/2009)

April 8, 2009

April 8, 2009

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ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 50 filed by David Maxwell-Jolly, CCA # 09-55532. The appeal filed April 7, 2009 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. A review of this court's docket reflects that the filing and docketing fees for this preliminary injuntion appeal remain due. Within 21 days after the date of this order, appellant shall pay to the district court the $455.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. Failure to pay the fees or file a motion to proceed in forma pauperis shall result in the automatic dimissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The Clerk shall serve a Form 4 financial affidavit on appellant. If they have not already done so, within 7 calendar days of the filing date of this order, the parties shall make arrangment to obtain from the court reporter in official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule is established as follows: the opening brief is due not later than May 5, 2009; the answering brief is due June 2, 2009 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days of service of the answering brief. See 9th Cir. R. 3-3(b). If appellant fails to file timely the opening brief, this appeal will be dismissed automatically by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. Order received in this district on 4/08/09. (lr) (Entered: 04/13/2009)

April 8, 2009

April 8, 2009

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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: incorrect event selected (misc. document). Correct event is Motion related filings - Request for Leave RE: Miscellaneous Document 49 . 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. (vh) (Entered: 04/09/2009)

April 9, 2009

April 9, 2009

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MINUTES OF IN CHAMBERS ORDER held before Judge Christina A. Snyder: The hearing of April 20, 2009 on Plaintiffs Renewed Motion for Preliminary Injunction of AB 1183 Rate Reductions for Pharmacies filed March 25, 2009, is hereby vacated. The Court is also in receipt of the Ninth Circuit Mandate filed April 6, 2009. The Court hereby sets a Status Conference re: Case and Appeal on May 4, 2009 at 11:00 a.m., to be heard simultaneous with the continued Scheduling Conference, set on that same date and time. (es) (Entered: 04/13/2009)

April 10, 2009

April 10, 2009

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MINUTES OF IN CHAMBERS ORDER by Judge Christina A. Snyder. On the Courts own motion, the Court continues the Scheduling Conference, only, fromMay 4, 2009 to July 13, 2009 at 11:00 A.M. The Joint Report and ADR Questionnaireshall be filed on or before June 29, 2009.Note that the Status Conference re: Case and Appeal shall remain as previouslycalendared on May 4, 2009 at 11:00 A.M. (pp) (Entered: 04/23/2009)

April 10, 2009

April 10, 2009

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ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 50 filed by David Maxwell-Jolly, CCA # 09-55532. Appellant has paid the filing and docketing fees for this prelimiary injunction appeal. The briefing schedule established by the court's April 8, 2009 order shall remain in effect. Order received in this district on 4/13/09. (lr) (Entered: 04/14/2009)

April 13, 2009

April 13, 2009

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ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 50 filed by David Maxwell-Jolly, CCA # 09-55532. This is a preliminary injunction appeal. Appellant's oral motion for a 14-day extension of time to file the opening brief is granted. The opening brief is now due May 19, 2009; the answering brief is due June 16, 2009; and the optional reply brief is due within 14 days after service of the answering brief. Order received in this district on 4/17/09. (lr) (Entered: 04/21/2009)

April 17, 2009

April 17, 2009

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MINUTE ORDER RE Status Conference re: Case and Appeal held before United States District Judge Christina A. Snyder. Hearing held and counsel are present. The Court confers with counsel regarding the parties pending Notice of Appeals before the 9th Circuit. The Court continues the Status Conference re: Case and Appeal to July 13, 2009 at 11:00 a.m., to be heard simultaneously with the Scheduling Conference on calendar on the same date and time. Court Reporter: Laura Elias. (pp) (Entered: 05/04/2009)

May 4, 2009

May 4, 2009

PACER
63

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals,, 40 filed by Sharp Chula Vista Medical Center, Charles Gallagher, South Sacramento Pharmacy, Sharp Memorial Hospital, Fey Garcia, California Pharmacists Association, Grossmont Hospital Corporation, Sharp Coronado Hospital and Healthcare Center, California Dental Association, California Association For Adult Day Services, California Medical Association, Marin Apothecary, Inc., Farmacia Remedios, Inc., California Hospital Association, Acacia Adult Day Services, CCA # 09-55365. This is a preliminary injunction appeal. The unopposed oral motion for a seven-day extension of time to file the reply brief is granted. The reply brief is due May 27, 2009. Order received in this district on 5/14/09. (lr) (Entered: 05/15/2009)

May 14, 2009

May 14, 2009

PACER
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ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals,, 40 filed by Sharp Chula Vista Medical Center, Charles Gallagher, South Sacramento Pharmacy, Sharp Memorial Hospital, Fey Garcia, California Pharmacists Association, Grossmont Hospital Corporation, Sharp Coronado Hospital and Healthcare Center, California Dental Association, California Association For Adult Day Services, California Medical Association, Marin Apothecary, Inc., Farmacia Remedios, Inc., California Hospital Association, Acacia Adult Day Services, CCA # 09-55365. The order order received in this district on 5/26/2009. Plaintiffs-Appellants are directed to file a response to Defendant-Appellee's Petition for Rehearing En Banc. Response shall not exceed 15 pages, shall be filed within 21 days of the date of this order. (lra) (Entered: 05/27/2009)

May 26, 2009

May 26, 2009

PACER
65

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals,, 40 filed by Sharp Chula Vista Medical Center, Charles Gallagher, South Sacramento Pharmacy, Sharp Memorial Hospital, Fey Garcia, California Pharmacists Association, Grossmont Hospital Corporation, Sharp Coronado Hospital and Healthcare Center, California Dental Association, California Association For Adult Day Services, California Medical Association, Marin Apothecary, Inc., Farmacia Remedios, Inc., California Hospital Association, Acacia Adult Day Services, CCA # 09-55365. We consider the Urgent Motion for Clarification Pursuant to Circuit Rules 27-3(b) and 27-10 filed by Plaintiffs-Appellants California Pharmacists Association, et al. (the Hospital Plaintiffs). The Hospital Plaintiffs filed the instant motion more than fourteen days after the date of our April 6, 2009 Order, in violation of Circuit Rule 27-10(a). Nevertheless, we find that the Hospital Plaintiffs were not, and could not have been, aware of the matter in which the Director would implement our Order until after the fourteen-day period had passed. Under the circumstances, and pursuant to Circuit Rule 27-10 (a), we enlarge the said fourteen-day period, and consider the motion. We resolve the Hospital Plaintiffs' motion and clarify our April 6, 2009 Order as follows: Those sections, or portions of sections, of the California Welfare and Institutions Code added or amended by Assembly Bill 5 that were not purportedly amended or deleted by the text of California Assembly Bill 1183 are not covered by, nor is the implementation thereof stayed by, our April 6, 2009 Order. Order received in this district on 5/28/09. (lr) (Entered: 06/01/2009)

May 28, 2009

May 28, 2009

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ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 40 filed by Sharp Chula Vista Medical Center, Charles Gallagher, South Sacramento Pharmacy, Sharp Memorial Hospital, Fey Garcia, California Pharmacists Association, Grossmont Hospital Corporation, Sharp Coronado Hospital and Healthcare Center, California Dental Association, California Association For Adult Day Services, California Medical Association, Marin Apothecary, Inc., Farmacia Remedios, Inc., California Hospital Association, Acacia Adult Day Services, CCA # 09-55365. The Reply Brief submitted on June 1, 2009 is filed. Within five(5) working days of the filing of this order, Appellants are ordered to file tne (10) copies of the brief in paper format, with a Grey cover, accompanied by certification (attached to the end of each copy of the biref) that the brief is identical to the version submitted electronically. A sample certificate is available on the Court's website, www.ca9uscourts.gov, at the CM/ECF button. Order received in this district on 6/15/09. (lr) (Entered: 06/17/2009)

June 15, 2009

June 15, 2009

PACER
67

STIPULATION to Continue Scheduling Conference from 7/13/09 to 10/19/09 Re: Status Conference, Set Hearings,, 62 filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Proposed Order to Continue Scheduling Conference)(Cribbs, Gregory) (Entered: 06/29/2009)

2 Proposed Order to Continue Scheduling Conference

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June 29, 2009

June 29, 2009

PACER
68

ORDER TO CONTINUE SCHEDULING CONFERENCE by Judge Christina A. Snyder: Upon Stipulation 67, the Scheduling Conference is continued to 10/19/2009 11:00 AM before Judge Christina A. Snyder. The status conference, currently scheduled for 7/13/2009 at 11:00 AM, will remain on calendar. (gk) (Entered: 07/01/2009)

July 1, 2009

July 1, 2009

PACER
69

MINUTES OF Status Conference Re Case and Appeal held before Judge Christina A. Snyder: The Court confers with counsel regarding the parties pending Notice of Appeals before the 9th Circuit. The Court continues the Status Conference re: Case and Appeals to 10/19/2009 11:00 AM before Judge Christina A. Snyder. Court Reporter: Laura Elias. (gk) (Entered: 07/14/2009)

July 13, 2009

July 13, 2009

PACER
70

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

PACER
71

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals,, 40 filed by Sharp Chula Vista Medical Center, Charles Gallagher, South Sacramento Pharmacy, Sharp Memorial Hospital, Fey Garcia, California Pharmacists Association, Grossmont Hospital Corporation, Sharp Coronado Hospital and Healthcare Center, California Dental Association, California Association For Adult Day Services, California Medical Association, Marin Apothecary, Inc., Farmacia Remedios, Inc., California Hospital Association, Acacia Adult Day Services, CCA # 09-55365. The panel has unanimously voted to deny the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on it. Fed. R. App. P. 35. The petition for rehearing en banc is DENIED. Order received in this district on 8/24/09. (lr) (Entered: 08/25/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
72

STIPULATION to Continue Scheduling Conference from 10/19/09 to 1/18/10 filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Proposed Order to Continue Scheduling Conference)(Cribbs, Gregory) (Entered: 09/28/2009)

2 Proposed Order to Continue Scheduling Conference

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Sept. 28, 2009

Sept. 28, 2009

PACER
73

ORDER TO CONTINUE SCHEDULING CONFERENCE by Judge Christina A. Snyder(Note: Changes Made by the Court): Upon Stipulation of the parties 72, the Scheduling Conference, currently set for October 19, 2009, at 11:00 a.m., is continued to January 11, 2010, at 11:00 a.m. The status conference, currently scheduled to be heard simultaneously with the requested continued Scheduling Conference, on October 19, 2009, at 11:00 a.m., will remain on calendar. (jre) (Entered: 10/15/2009)

Oct. 14, 2009

Oct. 14, 2009

PACER
74

MINUTES OF Status Conference held before Judge Christina A. Snyder: The matter is continued to January 11, 2010, at 11:00 a.m.Court Reporter: Margaret Babykin. (pso) (Entered: 10/20/2009)

Oct. 19, 2009

Oct. 19, 2009

PACER
75

STIPULATION to Continue Scheduling Conference and Status Conference from 1/11/10 to 4/12/10 filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Proposed Order to Continue Scheduling Conference and Status Conference)(Cribbs, Gregory) (Entered: 01/04/2010)

2 Proposed Order to Continue Scheduling Conference and Status Conference

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Jan. 4, 2010

Jan. 4, 2010

PACER
76

ORDER TO CONTINUE SCHEDULING CONFERENCE AND STATUS CONFERENCE by Judge Christina A. Snyder: Upon Stipulation 75, the Scheduling Conference and Status Conference are continued to 4/12/2010 11:00 AM before Judge Christina A. Snyder. (gk) (Entered: 01/07/2010)

Jan. 5, 2010

Jan. 5, 2010

PACER
79

MINUTES (IN CHAMBERS) HEARING ON MANDATE OF THE NINTH CIRCUIT COURT OF APPEAL by Judge Christina A. Snyder: THE COURT REVIEWS the mandate (judgment or order) of the Ninth Circuit Court of Appeals Reversing and Remanding 78 . The Court will address the mandate in the appeal no. 09-55365 at the current scheduled Status Conference and Scheduling Conference set on 4/12/2010 at 11:00 AM. Court Reporter: Not Present. (gk) (Entered: 04/01/2010)

March 17, 2010

March 17, 2010

PACER
77

MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 50, CCA # 09-55532. The decision of the district court is affirmed. Mandate received in this district on 3/25/2010. (dmap) (Entered: 03/26/2010)

March 25, 2010

March 25, 2010

PACER
78

MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 40, CCA # 09-55365. The decision of the district court is affirmed. Mandate received in this district on 3/25/2010. (dmap) (Entered: 03/26/2010)

March 25, 2010

March 25, 2010

PACER
80

JOINT RULE 26f CONFERENCE REPORT filed by Plaintiff California Pharmacists Association. (Gross, Byron) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
82

MINUTES OF Scheduling Conference held before Judge Christina A. Snyder:Hearing held and counsel are present. The Court confers with counsel. The Court spreads the 9th Circuit Mandates for appeal nos. 09-55532 and 09/55365. The Court denies defendant's oral motion to stay the above-referenced action and schedules the following dates: Amended Pleadings due by 5/14/2010. Discovery cut-off 12/31/2010. Final Pretrial Conference set for 5/2/2011 11:00 AM before Judge Christina A. Snyder. Jury Trial set for 6/14/2011 09:30 AM before Judge Christina A. Snyder.Court Reporter: Laura Elias. (yl) (Entered: 04/30/2010)

April 12, 2010

April 12, 2010

PACER
83

AMENDED MINUTES of Scheduling Conference 82 held before Judge Christina A. Snyder: The Court spreads the 9th Circuit Mandates for appeal nos. 09-55532 and 09-55365. The Court denies defendant's oral motion to stay the action and schedules the following dates: Request for leave to file amended pleadings or to add parties 5/14/2010; Discovery Cut-off 12/31/2010; Last Day to File Motions 2/28/2011; Pretrial Conference/Hearing on Motions in Limine 11:00 AM 5/2/2011; and Jury Trial 9:30 AM 6/14/2011. Court Reporter Laura Elias. (gk) (Entered: 05/04/2010)

April 12, 2010

April 12, 2010

PACER
81

MINUTES (IN CHAMBERS): Order Vacating this Court's 3/9/2009 Order and Granting Plaintiffs' Motion for Preliminary Injunction Pursuant to the Ninth Circuit Court of Appeals Mandate Issued 3/25/2010 (09-55365) by Judge Christina A. Snyder: Pursuant to the mandate from the Ninth Circuit, this Court hereby vacates the 3/9/2009 order denying plaintiffs' motion for preliminary injunction with regard to AB 1183's reimbursement rate reduction to hospitals 36 . Accordingly, the Court hereby grants plaintiffs' Motion for Preliminary Injunction 46 and orders respondent Director, his agents, servants, employees, attorneys, successors, and all those working in concert with him to refrain from enforcing Cal. Welf. & Inst. Code Section 14105.191 and 14166.245, as modified by AB 1183, beginning on April 16, 2010, by refraining from reducing by five percent payments to hospitals for services provided under the Medi-Cal fee-for-service program, which include non-contract inpatient hospital services, outpatient services, Distinct Part Nursing Facilities, and subacute services. Court Reporter: Not Present. (gk) (Entered: 04/16/2010)

April 16, 2010

April 16, 2010

RECAP
84

NOTICE OF MOTION AND Joint MOTION to AMEND Order on Motion for Preliminary Injunction,,,, 81 filed by Plaintiff California Pharmacists Association. Motion set for hearing on 6/28/2010 at 10:00 AM before Judge Christina A. Snyder. (Keville, Jordan) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

PACER
85

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion and Joint Motion for Modification of Court's 4/16/2010 Preliminary Injunction Order filed 5/27/2010 84 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. The proposed order is within the motion papers, pages 8 and 9. It lacks a separate title page, Local Rule 11-3.8, and two lines of text on the page that has the line provided for the signature of the judge, Local Rule 58-10. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) (Entered: 06/07/2010)

June 4, 2010

June 4, 2010

PACER
86

ORDER by Judge Christina A. Snyder GRANTING Joint Motion for Modification of Court's April 16, 2010 Preliminary Injunction Order 84 . The Court's April 16 order will be amended to read as follows: Pursuant to the mandate from the Ninth Circuit, this Court hereby vacates the March 9, 2009 order denying plaintiffs' motion for a preliminary injunction with regard to AB 1183's reimbursement rate reduction to hospitals. According, the Court hereby grants plaintiffs' motion for preliminary injunction and orders respondent Director, his agents, servants, employees, attorneys, successors, and all those working in concert with him to refrain from enforcing Cal. Welf. & Inst. Code 14105.191 and 14166.245 with respect to services provided under the fee-for-service Medi-Cal program, by refraining. (See attached Order for further information). (jp) (Entered: 06/17/2010)

June 16, 2010

June 16, 2010

PACER
87

MINUTES IN CHAMBERS by Judge Christina A. Snyder: Plaintiffs Joint MOTION for Modification of Court's April 16, 2010 Preliminary Injunction Order 84 and noticed for hearing on 6/28/2010 at 10:00 AM. Pursuant to FRCP 78 and Local Rule 7-15, the Court hereby dispenses with oral argument on the above-referenced motion and decides the motion on the basis of the papers submitted. Therefore, the parties are not to appear before this Court on 6/28/2010 at 10:00 AM. The Court hereby GRANTS Plaintiffs' Motion and Joint Motion for Modification of Courts April 16, 2010 Preliminary Injunction Order forthwith. The Court will issue a separate order. (jp) (Entered: 06/17/2010)

June 16, 2010

June 16, 2010

PACER
88

STIPULATION to Stay Case pending decision by the Supreme Court, STIPULATION to Vacate Existing Dates and deadlines filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Proposed Order to Vacate Existing Dates and for a Stay of the Proceedings)(Kim, Jennifer) (Entered: 02/02/2011)

1 Proposed Order to Vacate Existing Dates and for a Stay of the Proceedings

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Feb. 2, 2011

Feb. 2, 2011

PACER
89

ORDER TO VACATE EXISTING DATES AND FOR A STAY OF THE PROCEEDINGS by Judge Christina A. Snyder: Upon Stipulation 88, the dates and deadlines previously set by the Court, by order dated 4/12/2010, are hereby vacated and the action is stayed pending a decision by the Supreme Court in the case of Maxwell-Jolly v. California Pharmacists Ass'n, U.S.S.C. Case No. 09-1158 and/or matter consolidated therewith. (gk) (Entered: 02/07/2011)

Feb. 4, 2011

Feb. 4, 2011

PACER
91

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 50 filed by David Maxwell−Jolly, CCA # 09−55532. The parties are directed to file contemporaneous supplemental briefs in their respective cases concerning the effect of Douglas v. Independent Living Center of Southern California, Inc., 132 S.Ct.1204(2012). Briefs shall be due 45 days from the filing of this order and shall not exceed 30 pages in length. Order received in this district on 4/26/12. (car) (Entered: 04/30/2012)

April 26, 2012

April 26, 2012

90

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 2/4/2011; 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

PACER
92

ORDER from 9th CCA filed, CCA # 08−56422, 08−57016, 09−55532, 09−55692. The parties' unanimous joint motion to refer Case Nos. 08−56422, 08−57016, 09−55532, and 09−55692 to mediation, and to continue the supplemental briefing schedule during the pendency of mediation [D.E. 49−1], is hereby GRANTED. Order received in this district on 5/22/12 (car) (Entered: 05/24/2012)

May 22, 2012

May 22, 2012

93

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 50 filed by David Maxwell−Jolly, CCA # 09−55532. The Attorney General's Motion to Remove Certain Counsel from ServiceList is GRANTED. Order received in this district on 10/25/13. (mat) (Entered: 10/30/2013)

Oct. 25, 2013

Oct. 25, 2013

99

MINUTES OF MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT 97 Hearing held before Judge Christina A. Snyder. The Court confers with counsel. The Court grants the above-referenced motion. The Court will issue the Proposed Order Granting Joint Motion for Approval of Settlement Agreement forthwith. Court Reporter: Laura Elias. (lom)

Sept. 22, 2014

Sept. 22, 2014

RECAP
94

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

95

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 50 filed by David Maxwell−Jolly, Notice of Appeal to 9th Circuit Court of Appeals 40 filed by Sharp Chula Vista Medical Center, Charles Gallagher, South Sacramento Pharmacy, Sharp Memorial Hospital, Fey Garcia, California Pharmacists Association, Grossmont Hospital Corporation, Sharp Coronado Hospital and Healthcare Center, California Dental Association, California Association For Adult Day Services, California Medical Association, Marin Apothecary, Inc., Farmacia Remedios, Inc., California Hospital Association, Acacia Adult Day Services, CCA # 09−55365 and 09−55532. Pursuant to the parties' joint request for dismissal, these appeals are voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and fees on appeal. A copy of this order shall serve as and for the mandate of this court. Order received in this district on 5/28/14. (mat) (Entered: 05/30/2014)

May 28, 2014

May 28, 2014

96

Notice of Electronic Filing re USCA Order 95 e−mailed to Attorney Byron J Gross at gross@healthlaw.org bounced due to invaild email. Primary e−mail address corrected. Notice of Electronic Filing resent addressed to byronjgross@gmail.com. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e−mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

97

NOTICE OF MOTION AND Joint MOTION for Settlement Approval of Settlement Agreement filed by Plaintiffs Acacia Adult Day Services, California Association For Adult Day Services, California Dental Association, California Hospital Association, California Medical Association, California Pharmacists Association, Charles Gallagher, Fey Garcia, Grossmont Hospital Corporation, Marin Apothecary, Inc., Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, Sharp Memorial Hospital, South Sacramento Pharmacy. Motion set for hearing on 9/22/2014 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Craig J. Cannizzo in Support of Joint Motion for Approval of Settlement Agreement, # 3 Proposed Order Granting Joint Motion for Approval of Settlement Agreement)(Cannizzo, Craig) (Entered: 08/19/2014)

Aug. 19, 2014

Aug. 19, 2014

98

Notice of Appearance or Withdrawal of Counsel: for attorney Susan Marie Carson counsel for Defendant David Maxwell−Jolly. Adding Susan M. Carson as attorney as counsel of record for Toby Douglas for the reason indicated in the G−123 Notice. Filed by Defendant Toby Douglas, Director of the Department of Health Care Services, State of California. (Attorney Susan Marie Carson added to party David Maxwell−Jolly(pty:dft))(Carson, Susan) (Entered: 08/28/2014)

Aug. 28, 2014

Aug. 28, 2014

100

ORDER GRANTING JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT 97 by Judge Christina A. Snyder. (lom) (Entered: 09/25/2014)

Sept. 22, 2014

Sept. 22, 2014

101

NOTICE filed by Plaintiffs Acacia Adult Day Services, California Association For Adult Day Services, California Dental Association, California Hospital Association, California Medical Association, California Pharmacists Association, Charles Gallagher, Fey Garcia, Grossmont Hospital Corporation, Marin Apothecary, Inc., Sharp Chula Vista Medical Center, Sharp Coronado Hospital and Healthcare Center, Sharp Memorial Hospital, South Sacramento Pharmacy. re Settlement Effective Date (Cannizzo, Craig) (Entered: 03/31/2015)

March 31, 2015

March 31, 2015

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Jan. 29, 2009

Closing Date: Jan. 1, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of associations of California medical professionals, pharmacies, and hospitals.

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

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Supremacy Clause

Special Case Type(s):

Multi-District Litigation (MDL)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Order Duration: 2014 - 2016

Content of Injunction:

Preliminary relief denied

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