Case: National Association of Chain Drug Stores v. Schwarzenegger

2:09-cv-07097 | U.S. District Court for the Central District of California

Filed Date: Sept. 30, 2009

Closed Date: May 5, 2010

Clearinghouse coding complete

Case Summary

The National Association of Chain Drug Stores and the National Community Pharmacists Association filed this lawsuit in the U.S. District Court for the Central District of California on September 30, 2009. The suit was filed against California's Governor and the Secretary and Director of the Department of Healthcare Services, in their official capacities. The suit was one of several suits primarily filed in response to a series of California legislative acts that reduced the amount the State's M…

The National Association of Chain Drug Stores and the National Community Pharmacists Association filed this lawsuit in the U.S. District Court for the Central District of California on September 30, 2009. The suit was filed against California's Governor and the Secretary and Director of the Department of Healthcare Services, in their official capacities. The suit was one of several suits primarily filed in response to a series of California legislative acts that reduced the amount the State's Medicaid fee-for-service and medical product reimbursement rates. This legislation was passed without prior approval from the United States Department of Health and Human Services' Centers for Medicare & Medicaid Services ("CMS"), which the plaintiffs in these suits argued was contrary to federal and state law. The California Legislature had failed to study the potential effects of the rate reductions on the level of access to and quality of care available to Medi-Cal recipients, contrary to the requirements of § 1902(a)(30)(A) of the Social Security Act. For more information, see related cases, especially Douglas v. Independent Living Center (Clearinghouse code PB-CA-16) and Dominguez v. Schwarzenegger (PB-CA-16).

The Plaintiffs in this suit specifically sought to enjoin the State from implementing what amounted to a 4% cut in the Medicaid reimbursement rate paid to pharmacies for prescription drugs, and declarations that its efforts to do so were unlawful. Unlike the rate reductions in most of the related cases, the reduction here was not the direct outcome of legislation, but resulted from changes to the Average Wholesale Prices (AWPs) for several thousand pharmaceuticals, as determined by data from First DataBank, Inc. California based its formula for calculating prescription drug reimbursement rates on these AWPs. A lawsuits filed against First DataBank alleging the company had set AWPs at artificially high levels had resulted in a consent decree wherein the company agreed to reduce the AWPs for more than 2000 drugs by five percent. New England Carpenters Health Benefits Fund et al v. First Databank, Inc., 582 F.3d 30 (1st. Cir. 2009). The Plaintiffs in the instant case alleged that First DataBank also reduced its AWPs for an additional 18,000 drugs.

The Plaintiffs argued that California accepted the reduced reimbursement rates that resulted from the lowering of the AWPs without first considering the affects this would have on the "efficiency, economy, and quality of care," provided to Medicaid recipients as required by § 30(A). In addition, the Plaintiffs alleged that these rate reductions violated state law because the State failed to consult with interested parties regarding the effects of the reduced reimbursement rates; that the State violated federal law lowering the reimbursement rates to a level lower than the State's own estimates of pharmacies' actual acquisition costs; and that the cuts violated state law because they would reduce the quality of care delivered to the State's Medicaid recipients.

On October 2, 2009, the Plaintiffs filed an amended complaint which did not substantially change their allegations. On October 20, 2009, the suit was officially related to the case Douglas v. Independent Living Center and transferred to Judge Christina A. Snyder, who was the presiding over that case and many of the related cases.

On November 2, 2009, the Plaintiffs filed a motion for a preliminary injunction, which, on December 22, 2009, Judge Snyder denied, finding that the Plaintiffs' case did not have a high likelihood of succeeding on its merits because California's acceptance of the lowered AWPs did not constitute an affirmative act that created a new "'method or procedure' for establishing reimbursement rates." National Association of Chain Drug Stores v. Schwarzenegger, 678 F.Supp.2d 995 (C.D. Cal. 2009). On the same day, she denied the Defendants' motion to dismiss the suit.

The Plaintiffs appealed this denial to the Nine Circuit Court of Appeals. While this appeal was pending, the Plaintiffs filed a motion for a preliminary injunction preventing the implementation of the rate reductions during the period before the Appellate Court issued a ruling. Judge Snyder denied this motion on February 22, 2010. On April 13, 2010, Judge Snyder stayed the case pending the outcome of the appeal.

On April 15, 2010, the Ninth Circuit Court of Appeals affirmed the District Court's denial of the preliminary injunction. National Association of Chain Drug Stores v. Schwarzenegger, 376 Fed.Appx. 674 (9th Cir. 2010).

On May 5, the parties filed a joint stipulation requesting the case be dismissed without prejudice. Judge Snyder dismissed the case the following day.

It is unclear from the record whether this dismissal occurred because of a private settlement between the parties or some other event that resolved the rate reduction issue, or if the Plaintiffs withdrew from the suit because success appeared unlikely after the Appellate Court decision.

Summary Authors

Alex Colbert-Taylor (7/24/2013)

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)

Independent Living Center v. Maxwell-Jolly, Central District of California (2009)

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

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

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

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12674502/parties/national-association-of-chain-drug-stores-v-arnold-schwarzenegger/


Judge(s)

Gertner, Nancy (Massachusetts)

Kozinski, Alex (California)

Nagle, Margaret A. (California)

Nelson, Dorothy Wright (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Ball, Frederick R. (Illinois)

Darke, Richard P. (Illinois)

Lynn, Nicholas James (Illinois)

Petelle, Chrstopher (Illinois)

Roland, Yvette D. (California)

Judge(s)

Gertner, Nancy (Massachusetts)

Kozinski, Alex (California)

Nagle, Margaret A. (California)

Nelson, Dorothy Wright (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Ball, Frederick R. (Illinois)

Darke, Richard P. (Illinois)

Lynn, Nicholas James (Illinois)

Petelle, Chrstopher (Illinois)

Roland, Yvette D. (California)

Thompson, Audra L. (California)

Attorneys(s) for Defendant

Castro, Ismael A. (California)

Weng-Gutierrez, Julie (California)

Documents in the Clearinghouse

Document

2:09-cv-07097

Docket

May 7, 2010

May 7, 2010

Docket
1

2:09-cv-07097

Complaint for Injunction and Declaratory Relief

Sept. 30, 2009

Sept. 30, 2009

Complaint
11

2:09-cv-07097

First Amended Complaint for Injunctive and Declaratory Relief

Oct. 2, 2009

Oct. 2, 2009

Complaint
68

2:09-cv-07097

Civil Minutes - General [Denying Motion to Dismiss]

Dec. 22, 2009

Dec. 22, 2009

Order/Opinion
69

2:09-cv-07097

Order Denying Plaintiffs' Motion for Preliminary Injunction

678 F.Supp.2d 995

Dec. 22, 2009

Dec. 22, 2009

Order/Opinion
101

2:09-cv-07097

Order Denying Plaintiffs' Motion for Preliminary Injunction Pending Appeal

Feb. 22, 2010

Feb. 22, 2010

Order/Opinion
107

2:09-cv-07097

09-57051

USCA Mandate [With Memorandum Attached]

U. S. Court of Appeals for the Ninth Circuit

376 Fed.Appx. 674

May 7, 2010

May 7, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12674502/national-association-of-chain-drug-stores-v-arnold-schwarzenegger/

Last updated July 29, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants Arnold Schwarzenegger, David Maxwell-Jolly, The California Deparment of Healthcare Services. (Filing fee $ 350 PAID), filed by plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association.(car) (esa). (Entered: 10/02/2009)

Sept. 30, 2009

Sept. 30, 2009

Clearinghouse

20 DAY Summons Issued re Complaint - (Discovery), 1 as to Defendants Arnold Schwarzenegger, David Maxwell-Jolly, The California Deparment of Healthcare Services. (car)

Sept. 30, 2009

Sept. 30, 2009

PACER
2

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association (car) (esa). (Entered: 10/02/2009)

Sept. 30, 2009

Sept. 30, 2009

PACER
3

NOTICE of Pendency of Other Actions or Proceedings filed by plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (car) (esa). (Entered: 10/02/2009)

Sept. 30, 2009

Sept. 30, 2009

PACER
4

PLIANTIFFS DISCLOSURE STATEMENT filed by National Association of Chain Drug Stores, National Cummunity Pharmacists' Association (car) (esa). (Entered: 10/02/2009)

Sept. 30, 2009

Sept. 30, 2009

PACER
5

NOTICE of Related Case(s) filed by plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. Related Case(s): No related cases (car) (esa). (Entered: 10/02/2009)

Sept. 30, 2009

Sept. 30, 2009

PACER
6

NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Frederick R. Ball for Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear, form G-64, or a copy of the Notice of Electronic filing of your application and the $185.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Departmnet of Justice are required to file a Pro Hac Vice application; no filing fee is required. (car) (Entered: 10/02/2009)

Sept. 30, 2009

Sept. 30, 2009

PACER
7

NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Nicholas J. Lynn for Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear, form G-64, or a copy of the Notice of Electronic filing of your application and the $185.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Departmnet of Justice are required to file a Pro Hac Vice application; no filing fee is required. (car) (Entered: 10/02/2009)

Sept. 30, 2009

Sept. 30, 2009

PACER
8

NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Richard P. Darke for Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear, form G-64, or a copy of the Notice of Electronic filing of your application and the $185.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Departmnet of Justice are required to file a Pro Hac Vice application; no filing fee is required. (car) (Entered: 10/02/2009)

Sept. 30, 2009

Sept. 30, 2009

PACER
9

NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Christopher Petelle for Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear, form G-64, or a copy of the Notice of Electronic filing of your application and the $185.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Departmnet of Justice are required to file a Pro Hac Vice application; no filing fee is required. (car) (Entered: 10/02/2009)

Sept. 30, 2009

Sept. 30, 2009

PACER
10

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(car) (Entered: 10/02/2009)

Sept. 30, 2009

Sept. 30, 2009

PACER
11

FIRST AMENDED COMPLAINT against defendants Kim Belshe, Arnold Schwarzenegger, David Maxwell-Jolly, The California Deparment of Healthcare Services amending Complaint - (Discovery), Complaint - (Discovery) 1, filed by plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Attachments: # 1 20 Days Summons). (jp) (Entered: 10/08/2009)

Oct. 2, 2009

Oct. 2, 2009

Clearinghouse

20 DAY Summons Issued re First Amended Complaint 11 as to Defendants Arnold Schwarzenegger, David Maxwell-Jolly, The California Deparment of Healthcare Services, Kim Belshe. (jp)

Oct. 2, 2009

Oct. 2, 2009

PACER
12

STANDING ORDER by Judge Valerie Baker Fairbank (se) (Entered: 10/13/2009)

Oct. 13, 2009

Oct. 13, 2009

PACER
13

PROOF OF SERVICE Executed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association, upon The California Deparment of Healthcare Services served on 10/13/2009, answer due 11/2/2009. Original Summons not returned. (Roland, Yvette) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

PACER
14

PROOF OF SERVICE Executed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association, upon Kim Belshe served on 10/13/2009, answer due 11/2/2009. Original Summons not returned. (Roland, Yvette) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

PACER
15

PROOF OF SERVICE Executed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association, upon Arnold Schwarzenegger served on 10/6/2009, answer due 10/26/2009. Original Summons not returned. (Roland, Yvette) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

PACER
16

PROOF OF SERVICE Executed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association, upon David Maxwell-Jolly served on 10/13/2009, answer due 11/2/2009. Original Summons not returned. (Roland, Yvette) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

PACER
17

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 08-03315 CAS(MANx). Case transferred from Judge Valerie Baker Fairbank and Magistrate Judge Frederick F. Mumm to Judge Christina A. Snyder and Magistrate Judge Margaret A. Nagle for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 09-07097 CAS (MANx).Signed by Judge Christina A. Snyder (rn) (Entered: 10/20/2009)

Oct. 20, 2009

Oct. 20, 2009

PACER
18

APPLICATION for attorney Frederick R. Ball to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Attachments: # 1 Proposed Order)(Roland, Yvette) (Entered: 10/20/2009)

Oct. 20, 2009

Oct. 20, 2009

PACER
19

APPLICATION for attorney Nicholas J. Lynn to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Attachments: # 1 Proposed Order)(Roland, Yvette) (Entered: 10/20/2009)

Oct. 20, 2009

Oct. 20, 2009

PACER
20

APPLICATION for attorney Christopher J. Petelle to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Attachments: # 1 Proposed Order)(Roland, Yvette) (Entered: 10/20/2009)

Oct. 20, 2009

Oct. 20, 2009

PACER
21

APPLICATION for attorney Richard P. Darke to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Attachments: # 1 Proposed Order)(Roland, Yvette) (Entered: 10/20/2009)

Oct. 20, 2009

Oct. 20, 2009

PACER
22

ORDER by Judge Christina A. Snyder granting Application of Non-Resident Attorney Christopher J. Petelle to appear on behalf of Plaintiffs National Association of Chain Drug Stores and National Community Pharmacists Association 20, designating Yvette D. Roland as local counsel. (gk) (Entered: 10/21/2009)

Oct. 20, 2009

Oct. 20, 2009

PACER
23

ORDER by Judge Christina A. Snyder granting Application of Non-Resident Attorney Nicholas J. Lynn to appear on behalf of Plaintiffs National Association of Chain Drug Stores and National Community Pharmacists Association 19, designating Yvette D. Roland as local counsel. (gk) (Entered: 10/21/2009)

Oct. 20, 2009

Oct. 20, 2009

PACER
24

ORDER by Judge Christina A. Snyder granting Application of Non-Resident Attorney Frederick R. Ball to appear on behalf of Plaintiffs National Association of Chain Drug Stores and National Community Pharmacists Association 18, designating Yvette D. Roland as local counsel. (gk) Modified on 10/21/2009 (gk). (Entered: 10/21/2009)

Oct. 20, 2009

Oct. 20, 2009

PACER
25

ORDER by Judge Christina A. Snyder granting Application of Non-Resident Attorney Richard P. Darke to appear on behalf of Plaintiffs National Association of Chain Drug Stores and National Community Pharmacists Association 21, designating Yvette D. Roland as local counsel. (gk) (Entered: 10/21/2009)

Oct. 20, 2009

Oct. 20, 2009

PACER
26

NOTICE TO COUNSEL by Judge Christina A. Snyder: This case has been assigned to the calendar of Judge Christina A. Snyder. This Notice to Counsel shall be to all parties appearing in propria persona, and for purposes of this notice, the term counsel shall include any person appearing in pro per. (see document for details) (kpa) (Entered: 10/22/2009)

Oct. 21, 2009

Oct. 21, 2009

PACER
27

FIRST STIPULATION Extending Time to Answer the complaint as to Arnold Schwarzenegger answer now due 11/20/2009; David Maxwell-Jolly answer now due 11/20/2009; The California Deparment of Healthcare Services answer now due 11/20/2009; Kim Belshe answer now due 11/20/2009, filed by defendants Arnold Schwarzenegger; David Maxwell-Jolly; The California Deparment of Healthcare Services; Kim Belshe. (Attachments: # 1 Proposed Order for Extension of Time)(Weng-Gutierrez, Julie) (Entered: 10/27/2009)

Oct. 27, 2009

Oct. 27, 2009

PACER
28

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is Stipulations - Extending Time to Answer (More than 30 days). Stipulations - Extending Time to Answer (30 days or less) event was utilized in docketing this filing. The "30 days or less" event is used for Stipulations as to an initial complaint, pursuant to Local Rule 8-3, which do not require an order of the Court RE: Stipulation for Extension of Time to Respond to First Amended Complaint filed 10/27/2009 27 . 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: 10/28/2009)

Oct. 28, 2009

Oct. 28, 2009

PACER
29

ORDER ON STIPULATION TO EXTEND THE TIME TO RESPOND TO FIRST AMENDED COMPLAINT by Judge Christina A. Snyder: Upon Stipulation 27, The Court does hereby ORDER that Defendants' response to Plaintiffs' First Amended Complaint 11 is due on or before 11/20/2009. (gk) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

PACER
30

NOTICE OF MOTION AND MOTION for Preliminary Injunction re: State Reimbursement Reduction filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. Motion set for hearing on 11/23/2009 at 10:00 AM before Judge Christina A. Snyder. (Roland, Yvette) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
31

MEMORANDUM in Support of MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
32

DECLARATION of Yvette D. Roland in support of MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Roland, Yvette) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
33

DECLARATION of Kenneth W. Schafermeyer in support of MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Roland, Yvette) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
34

DECLARATION of William F. Wolfe in support of MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
35

DECLARATION of John Wilson in support of MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
36

DECLARATION of Laura Miller in support of MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
37

DECLARATION of John Cronin in support of MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
38

DECLARATION of Brian Komoto in support of MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
39

DECLARATION of Victor Curtis in support of MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
40

DECLARATION of Gary Tewell in support of MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
41

DECLARATION of John Rector in support of MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
42

COMPENDIUM OF CERTAIN AUTHORITIES CITED IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION re MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Roland, Yvette) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
43

NOTICE OF LODGING filed re MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 (Attachments: # 1 Proposed Order)(Roland, Yvette) (Entered: 11/03/2009)

Nov. 3, 2009

Nov. 3, 2009

PACER
44

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Separately attached proposed order regarding motion for preliminary injunction is made ready for a Superior Court Judge's signature RE: Notice of Lodging of Proposed Order filed 11/3/2009 43 . 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: 11/04/2009)

Nov. 4, 2009

Nov. 4, 2009

PACER
45

First EXPARTE APPLICATION for Extension of Time to File Respond to Plaintiff's Motion for Preliminary Injunction filed by defendants Arnold Schwarzenegger, David Maxwell-Jolly, The California Deparment of Healthcare Services, Kim Belshe. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration iof Julie Weng Gutierrez, # 3 Declaration of Ismael Castro, # 4 Notice of Lodging, # 5 Proposed Order)(Weng-Gutierrez, Julie) (Entered: 11/05/2009)

Nov. 5, 2009

Nov. 5, 2009

PACER
46

OPPOSITION to First EXPARTE APPLICATION for Extension of Time to File Respond to Plaintiff's Motion for Preliminary Injunction 45 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/06/2009)

Nov. 6, 2009

Nov. 6, 2009

PACER
47

DECLARATION of Julie Weng-Gutierrez in support of First EXPARTE APPLICATION for Extension of Time to File Respond to Plaintiff's Motion for Preliminary Injunction 45 Supplemental Declaration filed by Defendants Arnold Schwarzenegger, David Maxwell-Jolly, The California Deparment of Healthcare Services, Kim Belshe. (Weng-Gutierrez, Julie) (Entered: 11/09/2009)

Nov. 9, 2009

Nov. 9, 2009

PACER
48

ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION FOR CONTINUANCE AND EXTENSION OF TIME by Judge Christina A. Snyder: Defendants' Ex Parte Application 45 is GRANTED. The hearing on Plaintiffs' Motion for Preliminary Injunction 30 is continued to 12/7/2009 at 10:00 AM. The current hearing date of 11/23/2009 is hereby vacated. Defendants' opposition to the Motion for Preliminary Injunction is due on or before 11/23/2009. (gk) (Entered: 11/09/2009)

Nov. 9, 2009

Nov. 9, 2009

PACER
49

NOTICE OF MOTION AND First MOTION to Dismiss Case filed by defendants Arnold Schwarzenegger, David Maxwell-Jolly, The California Deparment of Healthcare Services, Kim Belshe. Motion set for hearing on 12/14/2009 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Motion to Dismiss-Points and Authoriities, # 2 Request for Judicial Notice, # 3 Request for Judiical Notice Exhibits 1-6, # 4 Request for Judicial Notice Exhibits 7-9, # 5 Proposed Order)(Castro, Ismael) (Entered: 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

PACER
50

MEMORANDUM in Opposition to MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Defendants Arnold Schwarzenegger, David Maxwell-Jolly, The California Deparment of Healthcare Services, Kim Belshe. (Weng-Gutierrez, Julie) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER
51

DECLARATION of Kevin Gorospe in Opposition to MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Defendants Arnold Schwarzenegger, David Maxwell-Jolly, The California Deparment of Healthcare Services, Kim Belshe. (Attachments: # 1 Exhibit A - part 1, # 2 Exhibit Exhibit A - part 2, # 3 Exhibits B-F, # 4 Exhibits G-I)(Weng-Gutierrez, Julie) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER
52

DECLARATION of Susan Flores in Opposition to MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Defendants Arnold Schwarzenegger, David Maxwell-Jolly, The California Deparment of Healthcare Services, Kim Belshe. (Weng-Gutierrez, Julie) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER
53

OBJECTION to Plaintiff's Proposed Order re: MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Defendants Arnold Schwarzenegger, David Maxwell-Jolly, The California Deparment of Healthcare Services, Kim Belshe. (Weng-Gutierrez, Julie) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER
54

OBJECTION to Plaintiff's Evidence re: MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Defendants Arnold Schwarzenegger, David Maxwell-Jolly, The California Deparment of Healthcare Services, Kim Belshe. (Weng-Gutierrez, Julie) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER
55

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents Re: Defendants' Notice of Motion and Motion to Dismiss First Amended Complaint 49 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and/or no copies. 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. (jre) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER
56

MEMORANDUM in Opposition to First MOTION to Dismiss Case 49 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/30/2009)

Nov. 30, 2009

Nov. 30, 2009

PACER
57

DECLARATION of YVETTE D. ROLAND IN OPPOSITION TO First MOTION to Dismiss Case 49 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/30/2009)

Nov. 30, 2009

Nov. 30, 2009

PACER
58

REPLY IN SUPPORT OF MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/30/2009)

Nov. 30, 2009

Nov. 30, 2009

PACER
59

DECLARATION of KENNETH W. SCHAFERMEYER IN SUPPORT OF MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/30/2009)

Nov. 30, 2009

Nov. 30, 2009

PACER
60

RESPONSE IN SUPPORT of MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/30/2009)

Nov. 30, 2009

Nov. 30, 2009

PACER
61

Objections in support of re: MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 11/30/2009)

Nov. 30, 2009

Nov. 30, 2009

PACER
65

STATEMENT of Interest filed by the United States of America. (gk) (Entered: 12/07/2009)

Dec. 4, 2009

Dec. 4, 2009

PACER
62

PLAINTIFFS' RESPONSE TO DEPARTMENT OF JUSTICE STATEMENT OF INTEREST re MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 12/06/2009)

Dec. 6, 2009

Dec. 6, 2009

PACER
63

MINUTES of Hearing on Plaintiffs' Motion for Preliminary Injunction held before Judge Christina A. Snyder: Hearing held and counsel are present. Tentative order provided. The Court confers with counsel and counsel argue. Plaintiffs motion is taken under submission. As discussed in Court, the Court orders the Government to file further briefing as to its Statement of Interest filed on December 4, 2009. Court Reporter: Laura Elias. (jre) (Entered: 12/07/2009)

Dec. 7, 2009

Dec. 7, 2009

PACER
64

REPLY to Opposition to First MOTION to Dismiss Case 49 filed by Defendants Arnold Schwarzenegger, David Maxwell-Jolly, The California Deparment of Healthcare Services, Kim Belshe. (Castro, Ismael) (Entered: 12/07/2009)

Dec. 7, 2009

Dec. 7, 2009

PACER
66

MINUTE ORDER (In Chambers) by Judge Christina A. Snyder. On the Courts own motion, the defendants Motion to Dismiss First Amended Complaint 49 (filed 11/20/09) is hereby taken under submission. Pursuant to Federal Rule of Civil Procedure 78 and Local Rule 7-15, the Court hereby dispenses with oral argument on the above motion and will decide the motion on the basis of the papers submitted. Therefore, the parties are not to appear before this Court on December 14, 2009 at 10:00 A.M. (pp) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

PACER
67

STATEMENT of Interest of the United States of America MOTION for Preliminary Injunction re: State Reimbursement Reduction 30 filed by Interested Party United States of America. (Davis, Ethan) (Entered: 12/21/2009)

Dec. 21, 2009

Dec. 21, 2009

PACER
68

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: denying 49 Motion to Dismiss Case. (See document for details) (kpa) (Entered: 12/22/2009)

Dec. 22, 2009

Dec. 22, 2009

Clearinghouse
69

ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION by Judge Christina A. Snyder 30 : In accordance with the foregoing, Court DENIES plaintiffs' motion for preliminary injunction. (See Order for details) (kpa) (Entered: 12/22/2009)

Dec. 22, 2009

Dec. 22, 2009

Clearinghouse
70

NOTICE OF APPEAL to the 9th CCA filed by plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. Appeal of Order on Motion for Preliminary Injunction 69 . (Attachments: # 1 Exhibit Exhibit A to Notice of Appeal re Order on Preliminary Injunction, # 2 Exhibit Exhibit B to Notice of Appeal re Order on Preliminary Injunction)(Roland, Yvette) (Entered: 12/28/2009)

Dec. 28, 2009

Dec. 28, 2009

PACER
71

FILING FEE LETTER issued as to Plaintiff National Association of Chain Drug Stores, National Cummunity Pharmacists' Association, re Notice of Appeal to 9th Circuit Court of Appeals, 70 . (dmap) (Entered: 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

PACER
72

APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals, 70 as to Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association; Receipt Number: 128925 in the amount of $455. (dmap) (Entered: 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

PACER
73

NOTIFICATION by Circuit Court of Appellate Docket Number 09-57051, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 70 as to plaintiff National Association of Chain Drug Stores. (lra) (Entered: 12/30/2009)

Dec. 29, 2009

Dec. 29, 2009

PACER
74

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 70 filed by National Association of Chain Drug Stores, National Cummunity Pharmacists' Association, CCA # 09-57051. The motion is denied. order received in this district on 1/12/2010. Appllant's urgen motion to vacate the district court's December 22, 2009 order and to enjoin appellees from continuing to implement prescription drug reimbursement reductions, pending appeal is denied without prejudice to renewal, if necessary, upon the filing and disposition of such request in the district court. Appellant's request for an expedited briefing schedule and hearing date is granted in part. (lra) (Entered: 01/13/2010)

Jan. 12, 2010

Jan. 12, 2010

PACER
75

EX PARTE APPLICATION to Shorten Time for Hearing filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Attachments: # 1 Proposed Order Proposed Order)(Roland, Yvette) (Entered: 01/14/2010)

Jan. 14, 2010

Jan. 14, 2010

PACER
76

MEMORANDUM in Support of EX PARTE APPLICATION to Shorten Time for Hearing 75 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 01/14/2010)

Jan. 14, 2010

Jan. 14, 2010

PACER
77

DECLARATION of Yvette D. Roland in support of EX PARTE APPLICATION to Shorten Time for Hearing 75 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Roland, Yvette) (Entered: 01/14/2010)

Jan. 14, 2010

Jan. 14, 2010

PACER
78

TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: December 7, 2009; Court Reporter: Laura Elias; Court of Appeals Case Number: 09-57051; Re: 70 (Thompson, Audra) (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
79

MEMORANDUM in Opposition to EX PARTE APPLICATION to Shorten Time for Hearing 75 filed by Defendants Arnold Schwarzenegger, David Maxwell-Jolly, The California Deparment of Healthcare Services, Kim Belshe. (Attachments: # 1 Declaration of Julie WengGutierrez)(Weng-Gutierrez, Julie) (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
80

MINUTE ORDER (IN CHAMBERS) by Judge Christina A. Snyder: the Court DENIES plaintiffs' ex parte application to shorten time 75 without prejudice to plaintiffs bringing a request for preliminary injunction pending appeal, pursuant to Fed. R. Civ. P. 62(c), on noticed motion. The hearing date for such a motion may be set for Monday, February 22, 2010, at 10:00 AM. See document for details. (jre) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

PACER
81

ANSWER to Amended Complaint, 11 with JURY DEMAND filed by defendants Arnold Schwarzenegger, David Maxwell-Jolly, The California Deparment of Healthcare Services, Kim Belshe.(Castro, Ismael) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

PACER
82

TRANSCRIPT for proceedings held on 12-07-09. Court Reporter/Electronic Court Recorder: LAURA ELIAS, phone number 213-620-0890. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/11/2010. Redacted Transcript Deadline set for 2/21/2010. Release of Transcript Restriction set for 4/21/2010. (Elias, Laura) (Entered: 01/21/2010)

Jan. 21, 2010

Jan. 21, 2010

PACER
83

NOTICE OF FILING TRANSCRIPT filed for proceedings 12-07-09 (Elias, Laura) (Entered: 01/21/2010)

Jan. 21, 2010

Jan. 21, 2010

PACER
84

MINUTES (IN CHAMBERS) - ORDER SETTING SCHEDULING CONFERENCE by Judge Christina A. Snyder: Scheduling Conference set for 4/26/2010 11:00 AM before Judge Christina A. Snyder. 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. If this case has been assigned to the ADR Pilot Program, counsel shall concurrently file the ADR Questionnaire. Court Reporter Not Present. (gk) (Entered: 01/22/2010)

Jan. 21, 2010

Jan. 21, 2010

PACER
85

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: Answer of Defendants to First Amended Complaint filed 1/20/2010 81 . 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: 01/22/2010)

Jan. 22, 2010

Jan. 22, 2010

PACER
86

CERTIFICATE OF RECORD Transmitted to USCA re Notice of Appeal to 9th Circuit Court of Appeals, 70 filed by National Association of Chain Drug Stores, National Cummunity Pharmacists' Association ; Court of Appeals Case Number: 09-50565. (dmap) (Entered: 01/22/2010)

Jan. 22, 2010

Jan. 22, 2010

PACER
87

NOTICE OF MOTION AND MOTION for Preliminary Injunction re: Pending Appeal filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. Motion set for hearing on 2/22/2010 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Proposed Order)(Roland, Yvette) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
88

MEMORANDUM in Support of MOTION for Preliminary Injunction re: Pending Appeal 87 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
89

DECLARATION of Yvette D. Roland in support of MOTION for Preliminary Injunction re: Pending Appeal 87 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Attachments: # 1 Exhibit A)(Roland, Yvette) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
90

DECLARATION of Yvette D. Roland in support of MOTION for Preliminary Injunction re: Pending Appeal 87 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Roland, Yvette) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
91

DECLARATION of Kenneth W. Schafermeyer in support of MOTION for Preliminary Injunction re: Pending Appeal 87 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Roland, Yvette) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
92

DECLARATION of William F. Wolfe in support of MOTION for Preliminary Injunction re: Pending Appeal 87 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
93

DECLARATION of John Wilson in support of MOTION for Preliminary Injunction re: Pending Appeal 87 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
94

DECLARATION of John Cronin in support of MOTION for Preliminary Injunction re: Pending Appeal 87 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
95

DECLARATION of Brian Komoto in support of MOTION for Preliminary Injunction re: Pending Appeal 87 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
96

DECLARATION of Victor Curtis in support of MOTION for Preliminary Injunction re: Pending Appeal 87 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
97

DECLARATION of Gary Tewell in support of MOTION for Preliminary Injunction re: Pending Appeal 87 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Roland, Yvette) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
98

STIPULATION for Hearing re MOTION for Preliminary Injunction re: Pending Appeal 87 filed by Plaintiffs National Association of Chain Drug Stores, National Cummunity Pharmacists' Association. (Attachments: # 1 Proposed Order)(Roland, Yvette) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

PACER

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2009

Closing Date: May 5, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The National Association of Chain Drug Stores and the National Community Pharmacists Association.

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):

Jurisdiction-wide

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)

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Content of Injunction:

Preliminary relief denied

Issues

General:

Funding

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

Benefit Source:

Medicaid