Case: California Medical Association v. Shewry

2:08-cv-03363 | U.S. District Court for the Central District of California

Filed Date: May 5, 2008

Clearinghouse coding complete

Case Summary

The plaintiffs in this case were a group of medical services and medical professionals associations in the state of California. On May 5, 2008, plaintiffs filed a petition for writ of mandate and a class action complaint in the Superior Court of California, County of Los Angeles, against the Director of the California Department of Health Services. The Department is charged with the administration of California's Medicaid program, Medi-Cal. The plaintiffs alleged that Assembly Bill X3 5 ("AB…

The plaintiffs in this case were a group of medical services and medical professionals associations in the state of California. On May 5, 2008, plaintiffs filed a petition for writ of mandate and a class action complaint in the Superior Court of California, County of Los Angeles, against the Director of the California Department of Health Services. The Department is charged with the administration of California's Medicaid program, Medi-Cal. The plaintiffs alleged that Assembly Bill X3 5 ("AB 5"), which reduced by ten percent payments under the Medi-Cal fee-for-service program, violated various state and federal laws, and therefore could not lawfully be implemented. They sought declaratory relief, and preliminary and permanent injunctive relief.

On May 21, 2008, the State removed the action to the Central District of California, because it raised a question under federal law. The plaintiffs asked the court to remand the case back to the Los Angeles Superior Court, and on June 23, 2008, Judge Christina A. Snyder agreed. Judge Snyder found that since a state law equivalent existed for all of the plaintiff's federal law claims, the case could not be said to be "arising under" federal law for the purposes of federal question jurisdiction. The case was then remanded to Los Angeles Superior Court as case number CV BC 390126.

The Clearinghouse has acquired the State Court case summary, which shows ongoing activity on the case through to at least May 2013, but it is unclear from this document whether the case has lead to any substantial orders in favor of either party, or if it is approaching a settlement. The summary of this case on the California Medical Association's own website provides little information, and focuses mostly on Douglas v. Independent Living Center (in the Clearinghouse as PB-CA-16), a related suit in federal court that reached the Supreme Court.

This summary is up-to-date as of July 2013.

Summary Authors

David Priddy (10/4/2011)

Alex Colbert-Taylor (7/23/2013)

Related Cases

Independent Living Center of Southern California v. Maxwell-Jolly, 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)

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

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

People


Judge(s)

Highberger, William F. (California)

Nagle, Margaret A. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Bookman, Lloyd A. (California)

Cannizzo, Craig J. (California)

Gross, Byron J. (California)

Keville, Jordan B. (California)

Sze, Felicia Y. (California)

Attorneys(s) for Defendant

Brown, Edmund G. Jr. (California)

Kim, Jennifer M. (California)

Judge(s)

Highberger, William F. (California)

Nagle, Margaret A. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Bookman, Lloyd A. (California)

Cannizzo, Craig J. (California)

Gross, Byron J. (California)

Keville, Jordan B. (California)

Sze, Felicia Y. (California)

Attorneys(s) for Defendant

Brown, Edmund G. Jr. (California)

Kim, Jennifer M. (California)

Matsumoto, Phillip J. (California)

Newman, Tara L. (California)

Ugaz, Sara (California)

Waldow, Richard T. (California)

Documents in the Clearinghouse

Document

BC390162

Case Summary [California Superior Court for Los Angeles County docket]

California Medical Assoc. v. Shewry

California state trial court

May 6, 2013

May 6, 2013

Docket

2:08-cv-03363

Docket

Nov. 5, 2013

Nov. 5, 2013

Docket
1

2:08-cv-03363

Notice of Removal [With Class Action Complaint Attached]

May 21, 2008

May 21, 2008

Pleading / Motion / Brief
27

2:08-cv-03363

Order Remanding the Action to the Los Angeles County Superior Court

June 23, 2008

June 23, 2008

Order/Opinion

Resources

Docket

Last updated Aug. 11, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Superior Court of CA for the County of Los Angeles, case number BC390126 with CONFORMED FILED copy of summons and complaint. Case assigned to Judge Dale S. Fischer, Discovery to Magistrate Judge Carolyn Turchin. (Filing fee $ 350 PAID. ), filed by Respondents Sandra Shewry, California Department of Health Care Services. (et) (Additional attachment(s) added on 5/29/2008: # 1 Notice of Assignment, # 2 Civil Cover Sheet) (ds). (Entered: 05/23/2008)

May 21, 2008

May 21, 2008

2

NOTICE of Interested Parties filed by Respondents Sandra Shewry, California Department of Health Care Services. (et) (ds). (Entered: 05/23/2008)

May 21, 2008

May 21, 2008

3

CERTIFICATE OF SERVICE of Respondents Notice to Adverse Party of Removal to Federal Court filed by Respondents Sandra Shewry, California Department of Health Care Services, served on 5/21/2008. (et) (ds). (Entered: 05/23/2008)

May 21, 2008

May 21, 2008

4

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (et) (Entered: 05/23/2008)

May 21, 2008

May 21, 2008

FAX number for Attorney Lloyd A Bookman, Byron J Gross, Jordan Brian Keville is 310−551−8181. (et) (Entered: 05/23/2008)

May 21, 2008

May 21, 2008

FAX number for Attorney Craig J Cannizzo, Felicia Y Sze is 415−875−8519. (et) (Entered: 05/23/2008)

May 21, 2008

May 21, 2008

FAX number for Attorney Phillip J Matsumoto, Tara L Newman, Sara Ugaz is 213−897−2805. (et) (Entered: 05/23/2008)

May 21, 2008

May 21, 2008

5

STANDING ORDER For Cases Assigned to Judge Dale S. Fischer 1 . (bm) (Entered: 05/23/2008)

May 22, 2008

May 22, 2008

6

ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. Date: 7/14/08 Time: 11:00 a.m. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES (see document for further details). (bm) (Entered: 05/23/2008)

May 22, 2008

May 22, 2008

7

NOTICE of Related Case(s) filed by Respondents Sandra Shewry, California Department of Health Care Services. Related Case(s): 08−03315 (Ugaz, Sara) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

8

CORPORATE DISCLOSURE STATEMENT identifying NONE as Corporate Parent. (Gross, Byron) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

9

EX PARTE APPLICATION to Shorten Time for Hearing filed by Petitioners California Medical Association, et al.. (Attachments: # 1 Supplement Memorandum of Points and Authorities in Support of Ex Parte Application# 2 Declaration Declaration of Byron J. Gross re Notice# 3 Proposed Order Granting Ex Parte Application)(Gross, Byron) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

10

MEMORANDUM of Points and Authorities in Opposition filed by Respondents Sandra Shewry, California Department of Health Care Services. Re: EX PARTE APPLICATION to Shorten Time for Hearing 9 (Ugaz, Sara) (Entered: 05/27/2008)

May 27, 2008

May 27, 2008

11

ANSWER TO COMPLAINT AND PETITION FOR INJUNCTIVE RELIEF; DECLARATORY RELIEF; AND WRIT OF MANDATE filed by Respondents Sandra Shewry, California Department of Health Care Services.(Ugaz, Sara) (Entered: 05/27/2008)

May 27, 2008

May 27, 2008

12

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event is Motions and Related Filings / Responses/Replies. In response to this notice the court may order: (1) an amended or corrected document to be filed; (2) the document stricken; or (3) take other action as the court deems appropriate. RE: Memorandum of Points and Authorities in Opposition (non−motion) 10 . (mg) (Entered: 05/28/2008)

May 27, 2008

May 27, 2008

13

MINUTES OF IN CHAMBERS ORDER held before Judge Dale S. Fischer re Order DENYING Petitioners' Ex Parte Motion for Order Shortening Time For Scheduling of Motion To Remand 9 : On May 23, 2008, Petitioners filed an Ex Parte Motion for Order Shortening Time For Scheduling of Motion To Remand (Motion). As Petitioners have not filed the motion they seek to expedite, the Court cannot properly evaluate the request. The Court therefore DENIES Petitioners Motion. (bm) (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

15

EX PARTE APPLICATION to Shorten Time for Hearing to June 16, 2008 on Motion for Remand filed by PETITIONERS California Dental Association, California Association For Adult Day Services, American College of Emergency Physicians, Inc., State Chapter of California, Inc., California Pharmacists Association, California Medical Association, California Association of Public Hospitals and Health Systems, California Medical Association, et al., California Hospital Association.(Keville, Jordan) (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

16

NOTICE OF MOTION AND MOTION to Shorten Time for Hearing on to June 16, 2008 on Motion for Remand filed by PETITIONERS California Dental Association, California Association For Adult Day Services, American College of Emergency Physicians, Inc., State Chapter of California, Inc., California Pharmacists Association, California Medical Association, California Association of Public Hospitals and Health Systems, California Medical Association, et al., California Hospital Association. Motion set for hearing on 6/23/2008 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Declaration OF BYRON J. GROSS, # 2 Proposed Order)(Keville, Jordan) (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

17

NOTICE OF MOTION AND MOTION to Remand Case to LOS ANGELES SUPERIOR COURT filed by PETITIONERS California Dental Association, California Association For Adult Day Services, American College of Emergency Physicians, Inc., State Chapter of California, Inc., California Pharmacists Association, California Medical Association, California Association of Public Hospitals and Health Systems, California Medical Association, et al., California Hospital Association. Motion set for hearing on 6/23/2008 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Supplement Memorandum of Points and Authorities, # 2 Proposed Order)(Keville, Jordan) (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

18

OF SERVICE filed by PETITIONERS California Dental Association, California Association For Adult Day Services, American College of Emergency Physicians, Inc., State Chapter of California, Inc., California Pharmacists Association, California Medical Association, California Association of Public Hospitals and Health Systems, California Medical Association, et al., California Hospital Association, re EX PARTE APPLICATION to Shorten Time for Hearing to June 16, 2008 on Motion for Remand 15 , MOTION to Remand Case to LOS ANGELES SUPERIOR COURT 17 , MOTION to Shorten Time for Hearing on to June 16, 2008 on Motion for Remand 16 served on May 30, 2008. (Keville, Jordan) (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

19

MEMORANDUM in Opposition to EX PARTE APPLICATION to Shorten Time for Hearing to June 16, 2008 on Motion for Remand 15 filed by Respondents Sandra Shewry, California Department of Health Care Services. (Ugaz, Sara) (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

20

DENIED BY ORDER of Judge Christina A. Snyder Proposed Order Granting Ex Parte Application for Order Shortening Time for Scheduling of Motion for Remand 15 . (gk) (Entered: 06/04/2008)

June 3, 2008

June 3, 2008

21

MEMORANDUM in Opposition to MOTION to Remand Case to LOS ANGELES SUPERIOR COURT 17 filed by Respondents Sandra Shewry, California Department of Health Care Services. (Ugaz, Sara) (Entered: 06/09/2008)

June 9, 2008

June 9, 2008

22

REPLY to OPPOSITION to MOTION to Remand Case to LOS ANGELES SUPERIOR COURT 17 filed by Petitioner California Medical Association, et al.. (Gross, Byron) (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

23

DECLARATION of CRAIG J. CANNIZZO re Abstention in Support of MOTION to Remand Case to LOS ANGELES SUPERIOR COURT 17 filed by Petitioner California Medical Association, et al.. (Gross, Byron) (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

25

NOTICE OF MOTION AND MOTION to Dismiss Petitoner's Complaint and Petition for Injunctive Relief, Declaratory Relief, and Writ of Mandate filed by Respondents Sandra Shewry, California Department of Health Care Services. Motion set for hearing on 7/14/2008 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Supplement Request for Judicial Notice in Support of Motion to Dimiss, # 2 Proposed Order Granting Request for Judicial Notice)(Ugaz, Sara) (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

26

MINUTES OF Motion Hearing on Petitioner's Motion for Remand 17 held before Judge Christina A. Snyder. Motion is taken under submission. The Court will issue a final order. Court Reporter: Laura Elias. (cj) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

27

ORDER REMANDING THE ACTION TO THE LOS ANGELES COUNTY SUPERIOR COURT by Judge Christina A. Snyder: The Court finds and concludes that petitioners' claims for relief do not give rise to a federal question, such that this action was improperly removed from state court. The Court GRANTS Petitioners' Motion to Remand 17 ; remanding case to Los Angeles Superior Court, Case number BC 390126. ( MD JS−6. Case Terminated ) (Attachments: # 1 CV−103 Remand Transmittal Letter) (gk) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

28

Receipt of copy of remand transmittal letter from Los Angeles Superior Court, Case No. CV BC 390126, acknowledging receipt on 6/27/2008. (gk) (Entered: 07/08/2008)

July 7, 2008

July 7, 2008

29

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

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 5, 2008

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

A group of medical services and medical professionals associations in the state of California.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

State of California, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

State law

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Funding

Habilitation (training/treatment)

Payment for care

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

Reassessment and care planning

Rehabilitation

Disability:

disability, unspecified

Type of Facility:

Government-run

Benefit Source:

Medicaid