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…

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.

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, Managed Pharmacy Care v. Maxwell-Jolly, Dominguez v. Schwarzenegger, 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.

	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	March 9, 2009	March 9, 2009 Order/Opinion 630 F.Supp.2d 1144
36 2:09-cv-00722	Order Denying Plaintiffs' Motion for Preliminary Injunction as to Hospitals California Pharmacists Association v. Jolly	March 9, 2009	March 9, 2009 Order/Opinion 630 F.Supp.2d 1154
2:09-cv-00722 09-55365	Ninth Circuit Order Re: Motion for Stay Pending Appeal U.S. Court of Appeals for the Ninth Circuit	April 6, 2009	April 6, 2009 Order/Opinion 563 F.3d 847
09-55532	Opinion U.S. Court of Appeals for the Ninth Circuit	Jan. 19, 2010	Jan. 19, 2010 Order/Opinion 596 F.3d 1098
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

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 View on PACER	Feb. 2, 2009	Feb. 2, 2009 PACER
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
9	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 View on PACER	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 View on PACER 3 request for judicial notice View on PACER 4 lodgment of state authorities View on PACER 5 Proposed Order proposed order View on PACER 6 Declaration Guadarrama decl View on PACER 7 Declaration gallagher decl. View on PACER 8 Declaration Garcia decl. View on PACER 9 Declaration dirks decl View on PACER 10 Declaration Mendez decl. View on PACER 11 Declaration Simmons decl. View on PACER 12 Declaration Traylor decl. View on PACER 13 Declaration Lamar decl. View on PACER 14 Declaration Crown decl. View on PACER 15 Declaration Regalia decl. View on PACER 16 Declaration Kauffman decl. View on PACER 17 Civil Cover Sheet Davis decl. View on PACER 18 Declaration puckett decl. View on PACER 19 Declaration Vega decl. View on PACER 20 Declaration nolcox View on PACER 21 Declaration Kakar decl. View on PACER 22 Declaration Dominguez decl. View on PACER 23 Declaration Harper decl. View on PACER 24 Declaration sharp decl. View on PACER 25 Declaration Mee decl. View on PACER 26 Civil Cover Sheet Salameh decl. View on PACER 27 Declaration Jeha decl. View on PACER 28 Declaration Medina decl. View on PACER 29 Declaration cable decl. View on PACER 30 Declaration davis decl. View on PACER 31 Declaration Light decl. View on PACER 32 Declaration Basrai decl. View on PACER 33 Declaration youredjian decl. View on PACER 34 Declaration Gaffney decl. View on PACER 35 Declaration Meyers View on PACER 36 Civil Cover Sheet Cronin decl. View on PACER 37 Civil Cover Sheet wandel decl. View on PACER 38 Declaration Simbeck decl. View on PACER 39 Declaration Brinton decl. View on PACER 40 Civil Cover Sheet Leonelli decl. View on PACER 41 Declaration Bains decl. View on PACER 42 Declaration Lofholm decl. View on PACER 43 Declaration Carrico decl. View on PACER 44 Declaration Lunagaria decl. View on PACER 45 Declaration bertelli decl. View on PACER 46 Declaration Markarian decl. View on PACER 47 Declaration Steen decl. View on PACER 48 Declaration Park decl. View on PACER 49 Declaration Akanwo decl. View on PACER 50 Declaration On decl. View on PACER 51 Declaration Prevost decl. View on PACER 52 Declaration Raymond decl. pt 1 View on PACER 53 Declaration Raymond decl. pt 2 View on PACER 54 Declaration Raymond decl. pt 3 View on PACER 55 Declaration Missaelides decl. View on PACER 56 Declaration Rolston decl. View on PACER 57 Declaration Schondelmeyer decl. View on PACER 58 proof of service View on PACER	Feb. 11, 2009	Feb. 11, 2009 PACER
14	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 View on PACER 3 Proposed Order View on PACER 4 Declaration of Abigail Wong View on PACER 5 Declaration of Ann Pumpian View on PACER 6 Declaration of Art DeNio View on PACER 7 Declaration of Byron Chell View on PACER 8 Declaration of C. Duane Dauner View on PACER 9 Declaration of Deborah Keel View on PACER 10 Declaration of Dennis Haghighat View on PACER 11 Declaration of Don Miller View on PACER 12 Declaration of Edward McDonald View on PACER 13 Declaration of Henry Zaretsky (part 1 of 2) View on PACER 14 Declaration of Henry Zaretsky (part 2 of 2) View on PACER 15 Declaration of Jim Vaughn View on PACER 16 Declaration of Karen Testman View on PACER 17 Declaration of Kathleen Farmer View on PACER 18 Declaration of Katie Delmore View on PACER 19 Declaration of Ken Jordan View on PACER 20 Declaration of Kirby McKague View on PACER 21 Declaration of Marcia Hall View on PACER 22 Declaration of Mich Riccioni View on PACER 23 Declaration of Robert Trautman View on PACER	Feb. 13, 2009	Feb. 13, 2009 PACER
17	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 View on PACER 3 Declaration of James Lott, part 3 View on PACER 4 Declaration of James Lott, Part 4 View on PACER 5 Declaration of James Lott, Part 5 View on PACER 6 Declaration of James Lott, Part 6 View on PACER 7 Declaration of James Lott, Part 7 View on PACER	Feb. 13, 2009	Feb. 13, 2009 PACER
18	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 View on PACER 3 Appendix Part 3 View on PACER	Feb. 13, 2009	Feb. 13, 2009 PACER
19	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 View on PACER 3 Exhibit RJN Part 3 View on PACER 4 Exhibit RJN Part 4 View on PACER 5 Exhibit Part 5 View on PACER 6 Exhibit RJN Part 6 View on PACER 7 Exhibit RJN Part 7 View on PACER 8 Exhibit RJN Part 8 View on PACER	Feb. 13, 2009	Feb. 13, 2009 PACER
20	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 View on PACER	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 PACER
24	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 PACER
22	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 View on PACER 3 Declaration of Alan Eng View on PACER 4 Declaration of Connie Kwan View on PACER 5 Declaration of Debra Ferreria View on PACER 6 Declaration of Eric Lazarus View on PACER 7 Declaration of Joe Ann Carroll View on PACER 8 Declaration Judith Phelps View on PACER 9 Declaration of Kevi Gorospe View on PACER 10 Declaration of Susan Flores View on PACER 11 Declaration of T Allan Hansen View on PACER 12 Declaration of K. Truworthy View on PACER 13 Declaration of Douglas - Part 1 View on PACER 14 Declaration of Douglas - Pharm - Part 2 View on PACER 15 Declaration of DOuglas - Pharm - Part 3 View on PACER 16 Declaration of Douglas - Pharm - Part 4 View on PACER 17 Declaration of Douglas - Pharm - Part 5 View on PACER 18 Declaration of Douglas - Pharm - Part 6 View on PACER 19 Declaration of Douglas - Pharm - Part 7 View on PACER 20 Declaration of Douglas - Pharm - Part 8 View on PACER 21 Supplement Proof of Service re Pharmacies View on PACER	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 View on PACER 3 Declaration of Alan Eng View on PACER 4 Declaration of Donna Shine View on PACER 5 Declaration of Eric Lazarus View on PACER 6 Declaration Ernest Ong View on PACER 7 Declaration Joe Ann Carroll View on PACER 8 Declaration of Keith Berger View on PACER 9 Declaration of Linda Machado View on PACER 10 Declaration of Nancy Hutchison View on PACER 11 Declaration of Sandra Yien View on PACER 12 Declaration of Timothy Matsumoto View on PACER 13 Declaration of William Lau View on PACER 14 Declaration of William Liu View on PACER 15 Declaration of Douglas - Hospital - Part 1 View on PACER 16 Declaration of Douglas - Hospital - Part 2 View on PACER 17 Declaration of Douglas - Hospital - Part 3 View on PACER 18 Declaration of Douglas - Hospital - Part 4 View on PACER 19 Declaration of Douglas - Hospital - Part 5 View on PACER 20 Declaration of Douglas - Hospital - Part 6 View on PACER 21 Declaration of Douglas - Hospital - Part 7 View on PACER 22 Declaration of Douglas - Hospital - Part 8 View on PACER 23 Supplement Proof of Service - Hospital View on PACER	Feb. 27, 2009	Feb. 27, 2009 PACER
25	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 View on PACER	March 4, 2009	March 4, 2009 PACER
26	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 PACER
27	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 PACER
28	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 PACER
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 PACER
30	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 PACER
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) View on PACER 3 Lodgment, part 3 of 3 View on PACER	March 5, 2009	March 5, 2009 PACER
32	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 PACER
33	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 View on PACER 3 Declaration Declaration of Jordan B. Keville in support of Ex PArte Application View on PACER 4 Supplemental MPA in support of Motion for Preliminary Injunction of AB 1183 Rat View on PACER 5 Proposed Order Proposed Order Granting Ex Parte Application View on PACER	March 9, 2009	March 9, 2009 PACER
34	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 PACER
35	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 PACER
36	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 PACER
37	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 PACER
38	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 PACER
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 View on PACER 3 Representation Statement View on PACER	March 11, 2009	March 11, 2009 PACER
41	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 View on PACER	March 11, 2009	March 11, 2009 PACER

Case: California Pharmacists Association v. Maxwell-Jolly

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

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