Case: California Hospital Association v. Maxwell-Jolly

2:09-cv-08642 | U.S. District Court for the Central District of California

Filed Date: Nov. 23, 2009

Closed Date: Jan. 1, 2016

Clearinghouse coding complete

Case Summary

This suit was filed on November 23, 2009 in the United States District Court for the Central District of California by the California Hospital Association (CHA), against the Director of the California Department of Health Care Services in his official capacity. The plaintiff sought injunctive relief preventing the state from implementing reductions to the reimbursement rates paid for hospital services under Medi-Cal, the state's Medicaid program. In 2008 and 2009, the California Legislature pas…

This suit was filed on November 23, 2009 in the United States District Court for the Central District of California by the California Hospital Association (CHA), against the Director of the California Department of Health Care Services in his official capacity. The plaintiff sought injunctive relief preventing the state from implementing reductions to the reimbursement rates paid for hospital services under Medi-Cal, the state's Medicaid program. In 2008 and 2009, the California Legislature passed several acts modifying the state's Medicaid plan. Under the Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (the Medicaid Act), such modifications must be approved by the federal Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) prior to being put in place. As the result of litigation in related suits, at the time this suit was filed, preliminary injunctions were already in place preventing the defendant from implementing several of these rate reductions. See related cases.

The plaintiff in the instant case sought new injunctions preventing the reductions established by California Assembly Bill X4 5 (AB 5), passed on July 28, 2009. Unlike the state's earlier efforts to reduce its reimbursement rates, AB 5 was not a flat percentage reduction. In contrast to the plan submitted to and approved by CMS, which provided for annual updates, AB 5 limited the reimbursement of certain classes of hospital services and locked the reimbursement rates for hospital services to the rates paid in the 2008-09 year. The plaintiff argued this was a violation of the Medicaid Act.

The plaintiff brought the suit under the Supremacy Clause of the United States Constitution, arguing that the state's failure to submit a plan to amend its Medicaid program to CMS for approval prior to implementing the reductions made them unlawful and therefore preempted by the federally approved plan. The plaintiff also brought a claim under 42 U.S.C. § 1983, alleging violation of its members' civil rights. The plaintiff sought preliminary and permanent injunctions preventing the AB 5 rate reductions and a declaratory judgment holding the reductions unlawful.

On January 11, 2010, the plaintiff filed a motion for a preliminary injunction enjoining the enforcement of the contested effects of AB 5, which the Court (Judge Christina A. Snyder) granted on February 24, 2010. The defendant appealed this decision to the Ninth Circuit Court of Appeals on March 26, 2010; shortly thereafter it requested a stay of appellate proceedings because of a pending request for certiorari review by the Supreme Court in Douglas v. Independent Living Center of Southern California, a related case (Clearinghouse code PB-CA-0016). The Supreme Court accepted that case for review on the question of whether the Supremacy Clause could serve as a cause of action in this class of cases, and so on June 1, 2011, Judge Snyder issued an order removing this case from the District Court's active case list pending the outcome of Douglas. She ordered that the parties file quarterly joint status reports until the case was either reactivated or voluntarily dismissed.

The case was also stayed at the Appellate Court pending the decision of the Supreme Court in Douglas. CMS approved most of the California Medicaid plan amendments while Douglas was still awaiting adjudication. In light of this, on February 22, 2012, the Supreme Court declined to issue a ruling on whether the Supremacy Clause could serve as a basis for a private suit to enforce the Medicaid Act against a state. Instead, the Supreme Court vacated the Ninth Circuit Court's decision in Douglas and remanded that case to the Ninth Circuit for reconsideration. Douglas v. Independent Living Center of Southern California, 132 S. Ct. 1204 (U.S. 2012).

After the Supreme Court decision, the instant case as well as Douglas and several other cases entered joint settlement mediation in the Ninth Circuit. The Court of Appeals dismissed the appeal on May 28, 2014, pursuant to the parties' joint request for dismissal. The parties reached a settlement agreement on August 19, 2014, and their agreement was approved by the district court on September 22, 2014. The Settlement Agreement provided that the plaintiffs would release state and federal entities from all liability relating to the payment reductions. In return, the defendants agreed to release plaintiffs from liability relating to "DHCS’s Claimed Excess Payments." The court dismissed the case with prejudice on April 23, 2015, and determined that each party was required to bear its own costs in accordance with the dismissal. The district court retained jurisdiction until January 1, 2016 to entertain any applications for attorneys' fees, and to enforce the terms of the Settlement Agreement. The case is now closed.

Summary Authors

Alex Colbert-Taylor (7/24/2013)

Elizabeth Heise (11/17/2018)

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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5894938/parties/california-hospital-association-v-david-maxwell-jolly/


Judge(s)

Nagle, Margaret A. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Bookman, Lloyd A. (California)

Cannizzo, Craig J. (California)

Carman, Lynn S. (California)

Friedman, Stanley Lester (California)

Keville, Jordan B. (California)

Attorneys(s) for Defendant

Carson, Susan (California)

Ray, Brenda Ann (California)

Tillman, Lisa Anne (California)

Judge(s)

Nagle, Margaret A. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Bookman, Lloyd A. (California)

Cannizzo, Craig J. (California)

Carman, Lynn S. (California)

Friedman, Stanley Lester (California)

Keville, Jordan B. (California)

Attorneys(s) for Defendant

Carson, Susan (California)

Ray, Brenda Ann (California)

Tillman, Lisa Anne (California)

Documents in the Clearinghouse

Document

2:09-cv-08642

10-55462

Docket [PACER]

April 23, 2015

April 23, 2015

Docket
1

2:09-cv-08642

Complaint for Injunctive and Declaratory Relief

Nov. 23, 2009

Nov. 23, 2009

Complaint
36

2:09-cv-08642

Civil Minutes - General [Denying Defendant's Motion to Stay]

Feb. 22, 2010

Feb. 22, 2010

Order/Opinion
35

2:09-cv-08642

Civil Minutes - General [Denying Defendant's Motion for a more Definite Statement]

Feb. 22, 2010

Feb. 22, 2010

Order/Opinion
37

2:09-cv-08642

Order Granting Plaintiff's Motion for Preliminary Injunction

Feb. 24, 2010

Feb. 24, 2010

Order/Opinion
49

2:09-cv-08642

Civil Minutes - General [Granting Defendant’s Motion to Modify Ruling on Motion for Preliminary Injunction]

April 5, 2010

April 5, 2010

Order/Opinion
67-1

2:09-cv-08642

Memorandum of Points and Authorities in Support of Joint Motion for Approval of Settlement Agreement

Aug. 19, 2014

Aug. 19, 2014

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5894938/california-hospital-association-v-david-maxwell-jolly/

Last updated June 4, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants David Maxwell-Jolly, State of California. (Filing fee $ 350 PAID.), filed by Plaintiff California Hospital Association. (et) (ds). (Entered: 11/30/2009)

Nov. 24, 2009

Nov. 24, 2009

PACER

20 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant David Maxwell-Jolly. (et)

Nov. 24, 2009

Nov. 24, 2009

PACER
2

CERTIFICATE AND NOTICE of Interested Parties filed by Plaintiff California Hospital Association. (et) (ds). (Entered: 11/30/2009)

Nov. 24, 2009

Nov. 24, 2009

PACER
3

NOTICE of Related Case(s) filed by Plaintiff California Hospital Association. Related Case(s): CV 08-03315 CAS (MANx); CV 09-0382 CAS (MANx) and CV 09-0722 CAS (Ex). (et) (ds). (Entered: 11/30/2009)

Nov. 24, 2009

Nov. 24, 2009

PACER
4

PROOF OF SERVICE Executed by Plaintiff California Hospital Association, upon David Maxwell-Jolly served on 11/25/2009, answer due 12/15/2009. The Summons and Complaint were served by Personal service, by FRCP Rule 4 statute, upon Vince Blackburn, Staff Counsel authorized to accept service. Due Dilligence declaration no attachment. Original Summons not returned. (Keville, Jordan) (Entered: 12/07/2009)

Dec. 7, 2009

Dec. 7, 2009

PACER
5

ORDER RETURNING CASE FOR REASSIGNMENT by Judge Consuelo B. Marshall. ORDER case returned to the Clerk for random reassignment pursuant to General Order 08-05. Case randomly reassigned from Judge Consuelo B. Marshall to Judge J. Spencer Letts for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 09-08642 JSL (MANx). (rn) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

PACER
6

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 08-03315 CAS(MANx). Case transferred from Judge J. Spencer Letts to Judge Christina A. Snyder for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 09-08642 CAS(MANx).Signed by Judge Christina A. Snyder (rn) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

PACER
8

ORDER ON STIPULATION TO EXTENSION OF TIME TO RESPOND TO COMPLAINT by Judge Christina A. Snyder 7 . Court orders that Defendant's response to complaint is due on or before 1/15/2009. (kpa) (Entered: 12/21/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
7

STIPULATION for Extension of Time to File Response to Complaint as to Complaint - (Discovery) 1 filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Proposed Order on Stipulation for Extension of Time to Respond to Complaint)(Ray, Brenda) (Entered: 12/18/2009)

2 Proposed Order on Stipulation for Extension of Time to Respond to Complaint

View on PACER

Dec. 18, 2009

Dec. 18, 2009

PACER
9

NOTICE OF MOTION AND MOTION for Preliminary Injunction re: to enjoin Defendant from implementing/applying limitations to Medi-Cal Reimbursement to Hospitals filed by Plaintiff California Hospital Association. Motion set for hearing on 2/8/2010 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Memorandum of Points and Authorities in Support, # 2 Declaration of Duane C. Dauner, # 3 Declaration of Jan S. Raymond in Support, # 4 Exhibit A to Declaration of Jan S. Raymond, # 5 Exhibit B-1 to Declaration of Jan S. Raymond, # 6 Exhibit B-2 to Declaration of Jan S. Raymond, # 7 Exhibit C to Declaration of Jan S. Raymond, # 8 Declaration of Patricia Blaisdell in Support, # 9 Declaration of Jordan B. Keville in Support, # 10 Proposed Order, # 11 Request for Judicial Notice)(Keville, Jordan) (Entered: 01/11/2010)

2 Memorandum of Points and Authorities in Support

View on PACER

3 Declaration of Duane C. Dauner

View on PACER

4 Declaration of Jan S. Raymond in Support

View on PACER

5 Exhibit A to Declaration of Jan S. Raymond

View on PACER

6 Exhibit B-1 to Declaration of Jan S. Raymond

View on PACER

7 Exhibit B-2 to Declaration of Jan S. Raymond

View on PACER

8 Exhibit C to Declaration of Jan S. Raymond

View on PACER

9 Declaration of Patricia Blaisdell in Support

View on PACER

10 Declaration of Jordan B. Keville in Support

View on PACER

11 Proposed Order

View on PACER

12 Request for Judicial Notice

View on PACER

Jan. 11, 2010

Jan. 11, 2010

PACER
10

DECLARATION of Jordan B. Keville in Support of MOTION for Preliminary Injunction re: to enjoin Defendant from implementing/applying limitations to Medi-Cal Reimbursement to Hospitals 9 filed by Plaintiff California Hospital Association. (Keville, Jordan) (Entered: 01/11/2010)

Jan. 11, 2010

Jan. 11, 2010

PACER
11

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 further details. (jre) (Entered: 01/14/2010)

Jan. 13, 2010

Jan. 13, 2010

PACER
12

EX PARTE APPLICATION to Continue Hearing on Plaintiff's Motion for Preliminary Injunction from February 8, 2010 to February 22, 2010 Re: MOTION for Preliminary Injunction re: to enjoin Defendant from implementing/applying limitations to Medi-Cal Reimbursement to Hospitals 9 filed by Defendant David Maxwell-Jolly.(Tillman, Lisa) (Entered: 01/14/2010)

Jan. 14, 2010

Jan. 14, 2010

PACER
13

MEMORANDUM of Points and Authorities in Support filed by Defendant David Maxwell-Jolly. Re: EX PARTE APPLICATION to Continue Hearing on Plaintiff's Motion for Preliminary Injunction from February 8, 2010 to February 22, 2010 Re: MOTION for Preliminary Injunction re: to enjoin Defendant from implementing/applying limitations to Medi-Cal 12 (Tillman, Lisa) (Entered: 01/14/2010)

Jan. 14, 2010

Jan. 14, 2010

PACER
14

DECLARATION of Lisa Tillman re Memorandum of Points and Authorities in Support (non-motion), Memorandum of Points and Authorities in Support (non-motion) 13, EX PARTE APPLICATION to Continue Hearing on Plaintiff's Motion for Preliminary Injunction from February 8, 2010 to February 22, 2010 Re: MOTION for Preliminary Injunction re: to enjoin Defendant from implementing/applying limitations to Medi-Cal 12 filed by Defendant David Maxwell-Jolly. (Tillman, Lisa) (Entered: 01/14/2010)

Jan. 14, 2010

Jan. 14, 2010

PACER
15

EX PARTE APPLICATION for Order for [Proposed] Order for Continuance of Hearing filed by Defendant David Maxwell-Jolly.(Tillman, Lisa) (Entered: 01/14/2010)

Jan. 14, 2010

Jan. 14, 2010

PACER
16

NOTICE OF MOTION AND MOTION for More Definite Statement filed by Defendant David Maxwell-Jolly. Motion set for hearing on 2/22/2010 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Declaration of Lisa Tillman in Support, # 2 Request for Judicial Notice, # 3 Proposed Order)(Tillman, Lisa) (Entered: 01/15/2010)

2 Declaration of Lisa Tillman in Support

View on PACER

3 Request for Judicial Notice

View on PACER

4 Proposed Order

View on PACER

Jan. 15, 2010

Jan. 15, 2010

PACER
17

Plaintiffs' Opposition re: EX PARTE APPLICATION to Continue Hearing on Plaintiff's Motion for Preliminary Injunction from February 8, 2010 to February 22, 2010 Re: MOTION for Preliminary Injunction re: to enjoin Defendant from implementing/applying limitations to Medi-Cal 12 filed by Plaintiff California Hospital Association. (Keville, Jordan) (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
18

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Filer used the Ex Parte Application for Order event in docketing this filing, creating a pending matter for the judge. This document tendered for the judge's approval should have been submitted as a separate PDF attachment to the ex parte application, document #12, or a Notice of Lodging. Clerk has terminated the proposed order, only, from the judge's pending report RE: Proposed Order filed 1/14/2010 15 . 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: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
19

ORDER by Judge Christina A. Snyder: Defendant's Application for a Continuance of the hearing on Plaintiff's Motion for a Preliminary Injunction 12 is hereby granted. Plaintiff's Motion for a Preliminary Injunction 9 will be heard on 2/22/2010 at 10:00 AM. In accord with Local Rule 7-11, Defendant's opposition, if any, to the Preliminary Injunction Motion is now due on 2/1/2010. (gk) (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
20

NOTICE OF MOTION AND MOTION to Stay Case pending Issuance of 9th Circuit Court of Appeals Decisions filed by Defendant David Maxwell-Jolly. Motion set for hearing on 2/22/2010 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Declaration of Lisa Tillman in Support of Defendant's Motion for Stay, # 2 Defendant's Request for Judicial Notice in Support of Motion for Stay, # 3 Proposed Order)(Tillman, Lisa) (Entered: 01/20/2010)

2 Declaration of Lisa Tillman in Support of Defendant's Motion for Stay

View on PACER

3 Defendant's Request for Judicial Notice in Support of Motion for Stay

View on PACER

4 Proposed Order

View on PACER

Jan. 20, 2010

Jan. 20, 2010

PACER
21

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 Notice of Motion and Motion to Stay filed 1/20/2010 20 . 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. 21, 2010

Jan. 21, 2010

PACER
22

Opposition re: MOTION to Stay Case pending Issuance of 9th Circuit Court of Appeals Decisions 20 filed by Plaintiff California Hospital Association. (Keville, Jordan) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
23

OPPOSITION re: MOTION for More Definite Statement 16 filed by Plaintiff California Hospital Association. (Keville, Jordan) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
24

MEMORANDUM in Opposition to MOTION for Preliminary Injunction re: to enjoin Defendant from implementing/applying limitations to Medi-Cal Reimbursement to Hospitals 9 filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Declaration of Lisa Tillman in Support of Def. Opp. to Mtn for Preliminary Injunction, # 2 Declaration of Larry Brown in Support of Def. Opp. to Mtn for Preliminary Injunction, # 3 Declaration of J. Callori in Support of Def. Opp. to Mtn for Preliminary Injunction, # 4 Declaration of Susan Flores in Support of Def. Opp. to Mtn for Preliminary Injunction, # 5 Declaration of A. Harjala in Support of Def. Opp. to Mtn for Preliminary Injunction, # 6 Declaration of Ong in Support of Def. Opp. to Mtn for Preliminary Injunction, # 7 Declaration of S. Yien in Support of Def. Opp. to Mtn for Preliminary Injunction, # 8 Declaration of Matsumoto in Support of Def. Opp. to Mtn for Preliminary Injunction, # 9 Proposed Order On Plaintiff's Mtn for Prelim. Injunc.)(Tillman, Lisa) ** DOCUMENT STRICKEN PURSUANT TO CIVIL MINUTES OF 2/4/2010 30 ** Modified on 2/5/2010 (gk). (Entered: 02/01/2010)

2 Declaration of Lisa Tillman in Support of Def. Opp. to Mtn for Preliminary Injun

View on PACER

3 Declaration of Larry Brown in Support of Def. Opp. to Mtn for Preliminary Injunc

View on PACER

4 Declaration of J. Callori in Support of Def. Opp. to Mtn for Preliminary Injunct

View on PACER

5 Declaration of Susan Flores in Support of Def. Opp. to Mtn for Preliminary Injun

View on PACER

6 Declaration of A. Harjala in Support of Def. Opp. to Mtn for Preliminary Injunct

View on PACER

7 Declaration of Ong in Support of Def. Opp. to Mtn for Preliminary Injunction

View on PACER

8 Declaration of S. Yien in Support of Def. Opp. to Mtn for Preliminary Injunction

View on PACER

9 Declaration of Matsumoto in Support of Def. Opp. to Mtn for Preliminary Injuncti

View on PACER

10 Proposed Order On Plaintiff's Mtn for Prelim. Injunc.

View on PACER

Feb. 1, 2010

Feb. 1, 2010

PACER
25

REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: to enjoin Defendant from implementing/applying limitations to Medi-Cal Reimbursement to Hospitals 9 filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Exhibit 1 to RJN, # 2 Exhibit 2 to RJN, # 3 Declaration 3-12 to RJN, # 4 Declaration 13-A to RJN, # 5 Exhibit 13-B to RJN, # 6 Exhibit 14-20 to RJN, # 7 Declaration 21-28 to RJN)(Tillman, Lisa) (Entered: 02/01/2010)

2 Exhibit 1 to RJN

View on PACER

3 Exhibit 2 to RJN

View on PACER

4 Declaration 3-12 to RJN

View on PACER

5 Declaration 13-A to RJN

View on PACER

6 Exhibit 13-B to RJN

View on PACER

7 Exhibit 14-20 to RJN

View on PACER

8 Declaration 21-28 to RJN

View on PACER

Feb. 1, 2010

Feb. 1, 2010

PACER
26

NOTICE Notice of Interested Parties filed by Defendant David Maxwell-Jolly. (Tillman, Lisa) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
27

EX PARTE APPLICATION to Exceed Page Limitation Defendant's Oppo. to Mtn. for Prelim. Injunction filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Declaration of L. Tillman in Support of Ex Parte App. to Exceed Page Limit, # 2 Proposed Order Granting Def. Ex Parte App. to Exceed Page Limit)(Tillman, Lisa) (Entered: 02/01/2010)

2 Declaration of L. Tillman in Support of Ex Parte App. to Exceed Page Limit

View on PACER

3 Proposed Order Granting Def. Ex Parte App. to Exceed Page Limit

View on PACER

Feb. 1, 2010

Feb. 1, 2010

PACER
28

ORDER by Judge Christina A. Snyder denying 27 Ex Parte Application to Exceed Page Limite for Briefing on Motion for Preliminary Injunction. (bm) (Entered: 02/03/2010)

Feb. 3, 2010

Feb. 3, 2010

PACER
29

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is Certificate/Notice of Interested Parties. Notice (other) event utilized in docketing this filing RE: Notice of Interested Parties filed 2/1/2010 26 . 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: 02/04/2010)

Feb. 3, 2010

Feb. 3, 2010

PACER
30

MINUTES (In Chambers) Order Striking Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction Filed 2/1/2010 by Judge Christina A. Snyder: The Court hereby strikes defendant's 36 page Opposition to Plaintiff's Motion for Preliminary Injunction filed on 2/1/2010 24 . The Court orders defendant to file an opposition that complies with the Local Rules of Court, on or before 2/5/2010. Plaintiffs shall file their reply no later than 2/10/2010. Court Reporter: Not Reported. (gk) (Entered: 02/05/2010)

Feb. 4, 2010

Feb. 4, 2010

PACER
31

AMENDED OPPOSITION re: MOTION for Preliminary Injunction re: to enjoin Defendant from implementing/applying limitations to Medi-Cal Reimbursement to Hospitals 9 filed by Defendant David Maxwell-Jolly. (Tillman, Lisa) (Entered: 02/05/2010)

Feb. 5, 2010

Feb. 5, 2010

PACER
32

REPLY to Opposition to MOTION for More Definite Statement 16 or, in the Alternative, Motion to Dismiss filed by Defendant David Maxwell-Jolly. (Tillman, Lisa) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

PACER
33

REPLY to Opposition to MOTION to Stay Case pending Issuance of 9th Circuit Court of Appeals Decisions 20 filed by Defendant David Maxwell-Jolly. (Tillman, Lisa) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

PACER
34

RESPONSE IN SUPPORT of MOTION for Preliminary Injunction re: to enjoin Defendant from implementing/applying limitations to Medi-Cal Reimbursement to Hospitals 9 filed by Plaintiff California Hospital Association. (Attachments: # 1 Declaration (Supplemental) of Patricia Blaisdell, # 2 Declaration (Supplemental) of Jan S. Raymond, # 3 Declaration of Henry W. Zaretsky; Exhibits)(Keville, Jordan) (Entered: 02/10/2010)

2 Declaration (Supplemental) of Patricia Blaisdell

View on PACER

3 Declaration (Supplemental) of Jan S. Raymond

View on PACER

4 Declaration of Henry W. Zaretsky; Exhibits

View on PACER

Feb. 10, 2010

Feb. 10, 2010

PACER
35

MINUTES OF Motion Hearing held before Judge Christina A. Snyder: The Court DENIES defendant David Maxwell-Jolly, Director of the California Department of Health Care Services's Motion for More Definite Statement, and in the Alternative, Motion to Dismiss the Complaint 16 . Court Reporter: Laura Elias. (gk) (Entered: 02/24/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
36

MINUTES OF Motion Hearing held before Judge Christina A. Snyder: The Court DENIES defendant David Maxwell-Jolly, Director of the California Department of Health Care Services's Motion to Stay 20 . Court Reporter: Laura Elias. (gk) (Entered: 02/24/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
37

ORDER Granting Plaintiff's Motion for Preliminary Injunction 9 by Judge Christina A. Snyder. The Court GRANTS plaintiff's 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(f), including refraining from effectively freezing the Medi-Cal reimbursement rates for services provided by nursing facilities that are part of hospitals, and by subacute and pediatric subacute care units that are part of hospitals, "rendered during the 2009-2010 rate year and each rate year thereafter" at 2008-2009 levels. Further, the Court ORDERS the Director, et al., to refrain from enforcing that portion of Cal. Welf. & Inst. Code 14166.245(g)(1) which reduces by 10% payments to small and rural hospitals, not under contract with the Department, for inpatient services provided on or after 7/1/2009. (csi) (Entered: 02/25/2010)

Feb. 24, 2010

Feb. 24, 2010

RECAP
38

NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Preliminary Injunction,,,, 37 . filed by Defendant David Maxwell-Jolly. Motion set for hearing on 4/12/2010 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Proposed Order)(Tillman, Lisa) (Entered: 03/08/2010)

1 Proposed Order

View on PACER

March 8, 2010

March 8, 2010

PACER
39

EX PARTE APPLICATION for Consideration of Filing a Corrected Declaration filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Declaration of Lisa Tillman in Support of Ex Parte Application, # 2 Declaration of Susan Flores in Support of Ex Parte Application, # 3 Corrected Declaration of Susan Flores in Support of Motion for Preliminary Injunction, # 4 Proposed Order)(Tillman, Lisa) (Entered: 03/09/2010)

1 Declaration of Lisa Tillman in Support of Ex Parte Application

View on PACER

2 Declaration of Susan Flores in Support of Ex Parte Application

View on PACER

3 Corrected Declaration of Susan Flores in Support of Motion for Preliminary Inju

View on PACER

4 Proposed Order

View on PACER

March 9, 2010

March 9, 2010

PACER
40

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Modify Ruling on Motion for Preliminary Injunction 38 . The following error(s) was found: Other error(s) with document(s) are specified below: Lacking statement re conference of counsel, pursuant to Local Rule 7-3. Proposed order not submitted pursuant to Local Rule 52-4.1. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (jp) (Entered: 03/11/2010)

March 10, 2010

March 10, 2010

PACER
41

CORRECTED NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents 40 RE: Defendant's Notice of and Motion to Modify Ruling on Motion for Preliminary Injunction filed 3/8/2010 38 . The following error(s) was found: Lacking statement re conference of counsel, pursuant to Local Rule 7-3. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) (Entered: 03/11/2010)

March 11, 2010

March 11, 2010

PACER
42

NOTICE OF MOTION AND Amended MOTION to Alter Judgment re Order on Motion for Preliminary Injunction,,,, 37 . filed by Defendant David Maxwell-Jolly. Motion set for hearing on 4/12/2010 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Declaration, # 2 Proposed Order)(Tillman, Lisa) (Entered: 03/11/2010)

1 Declaration

View on PACER

2 Proposed Order

View on PACER

March 11, 2010

March 11, 2010

PACER
43

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendant's Amended Notice of and Motion to Modify Ruling on Motion for Preliminary Injunction filed 3/11/2010 42 . The following error(s) was found: Incorrect event selected. The correct event is: Amendment (Motion related). Filer used the Motion to Alter Judgment event in docketing this filing, and set this Amended Notice for hearing on 4/12/2010. As the motion appears on the judge's calendar (see document number 38), the clerk has terminated this entry, only, from the calendar. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) (Entered: 03/16/2010)

March 15, 2010

March 15, 2010

PACER
44

NOTICE OF NON-OPPOSITION to Amended MOTION to Alter Judgment re Order on Motion for Preliminary Injunction,,,, 37 .Amended MOTION to Alter Judgment re Order on Motion for Preliminary Injunction,,,, 37 . 42 filed by Plaintiff California Hospital Association. (Keville, Jordan) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
45

ORDER by Judge Christina A. Snyder: Upon good cause appearing, Defendants Ex Parte Application to permit the filing of a corrected declaration of Susan Flores 39 is GRANTED. (jp) (Entered: 03/18/2010)

March 17, 2010

March 17, 2010

PACER
46

NOTICE OF APPEAL to the 9th CCA filed by Defendant David Maxwell-Jolly. (Filing Fee NOT PAID.) (Attachments: # 1 Civil Appeals Docketing Statement)(Tillman, Lisa) (Entered: 03/26/2010)

1 Civil Appeals Docketing Statement

View on PACER

March 26, 2010

March 26, 2010

PACER
47

NOTIFICATION by Circuit Court of Appellate Docket Number 10-55462, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 46 as to Defendant David Maxwell-Jolly. (cbr) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

PACER
48

APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 46 as to Defendant David Maxwell-Jolly; Receipt Number: 134845 in the amount of $455. (dmap) (Entered: 03/30/2010)

March 29, 2010

March 29, 2010

PACER
51

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 46 filed by David Maxwell-Jolly, CCA # 10-55462. The appeal filed March 26, 2010, is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangement to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than April 23, 2010; the answering brief is due May 21, 2010 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days after service of the answering brief. See 9th Cir. R. 3-3(b). If appellant fails to file timely the opening brief, this appeal will be dismissed automatically by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. Order received in this district on 9/27/2010. (lr) (Entered: 09/28/2010)

March 31, 2010

March 31, 2010

PACER
49

MINUTE ORDER (IN CHAMBERS) by Judge Christina A. Snyder granting 38 Motion to Modify Ruling on Motion for Preliminary Injunction (filed 3/8/10 & 3/11/10). (pp) (Entered: 04/07/2010)

April 5, 2010

April 5, 2010

PACER
50

TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: February 22, 2010; Court Reporter: Laura M. Elias; Court of Appeals Case Number: 10-55462; Re: 46 (Tillman, Lisa) (Entered: 04/15/2010)

April 15, 2010

April 15, 2010

PACER
52

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 46 filed by David Maxwell-Jolly, CCA # 10-55462. Appellant's unopposed amended motion for a stay of appellate proceedings is granted in light of the pending petitions for certiorari in Independent Living Center of Southern California, Inc. v. Shewry, U.S.S.C. Case No. 09-958, and Maxwell-Jolly v. California Pharmacists Ass'n, U.S.S.C. Case No. 09-115. Within 90 days from the date of this order, or upon resolution of the petitions for certiorari, whichever is sooner, appellant shall file a status report or a motion for appropriate relief. Briefing is stayed until further order of this court. Order received in this district on 9/27/2010. (lr) (Entered: 09/28/2010)

April 26, 2010

April 26, 2010

PACER
53

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 46 filed by David Maxwell-Jolly, CCA # 10-55462. Appellant's motion for a continued stay of appellate proceedings is granted in light of the pending petitions for certiorari in Independent Living Center of Southern California, Inc. v. Shewy, U.S. Sup. Ct. Case No. 09-958, and Maxwell-Jolly v. California Pharmacists Ass'n, U.S. Sup. Ct. Case No. 09-115. Within 90 days from the date of this order, or upon resolution of the petitions for certiorari, whichever is sooner, appellant shall file a status report or a motion for appropriate relief. Briefing is stayed until further order of this court. Order received in this district on 9/27/2010. (lr) (Entered: 09/28/2010)

July 27, 2010

July 27, 2010

PACER
54

MINUTE ORDER IN CHAMBERS by Judge Christina A. Snyder: This action is hereby removed from this Courts active caseload until further application by the parties or order of this Court. Counsel shall file a joint report detailing thestatus of the case within 30 days and every quarter thereafter until the action has been reactivated on this Courts active caseload or a stipulation for dismissal is filed. SEE ORDER. (Made JS-6. Case Terminated.) (im) (Entered: 06/03/2011)

June 1, 2011

June 1, 2011

PACER
55

STATUS REPORT Joint filed by Defendant David Maxwell-Jolly. (Tillman, Lisa) (Entered: 06/30/2011)

June 30, 2011

June 30, 2011

PACER
56

STATUS REPORT Joint Status Report filed by Defendant David Maxwell-Jolly. (Tillman, Lisa) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
57

STATUS REPORT Joint Status Report filed by Defendant David Maxwell-Jolly. (Tillman, Lisa) (Entered: 12/22/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER
58

STATUS REPORT Joint Status Report filed by Defendant David Maxwell-Jolly. (Tillman, Lisa) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
59

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 46 filed by David Maxwell-Jolly CCA # 10-55462. Appellant's motion for a 60-day stay of proceedings in this preliminary injunction appeal is granted in part. Within 60 days after the date of this order, appellant shall file the opening brief or a motion for appropriate relief. If appellant files the opening brief, the answering brief is due 28 days after service of the opening brief, and the optional reply brief is due within 14 days after service of the answering brief. Order received in this district on 3/30/2012. (dmap) (Entered: 04/03/2012)

March 30, 2012

March 30, 2012

PACER
60

STATUS REPORT Joint Status Report filed by Defendant David Maxwell-Jolly. (Tillman, Lisa) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER
61

STATUS REPORT Joint Status Report filed by Defendant David Maxwell-Jolly. (Tillman, Lisa) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

PACER
62

STATUS REPORT Joint filed by Defendant David Maxwell-Jolly. (Tillman, Lisa) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
63

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

PACER
64

STATUS REPORT JOINT STATUS REPORT filed by Defendant David Maxwell-Jolly. (Tillman, Lisa) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
65

STATUS REPORT (Joint) filed by Defendant David Maxwell-Jolly. (Tillman, Lisa) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER
66

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 46 filed by David Maxwell-Jolly, CCA # 10-55462. Pursuant to the parties' joint request for dismissal, these appeals are voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and fees on appeal. A copy of this order shall serve as and for the mandate of this court. Order received in this district on 5/28/14. (mat) (Entered: 05/30/2014)

May 28, 2014

May 28, 2014

PACER
67

NOTICE OF MOTION AND Joint MOTION for Settlement Approval of AGREEMENT filed by Petitioner California Hospital Association. Motion set for hearing on 9/22/2014 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Proposed Order)(Keville, Jordan) (Entered: 08/19/2014)

1 Memorandum

View on PACER

2 Declaration

View on PACER

3 Proposed Order

View on PACER

Aug. 19, 2014

Aug. 19, 2014

PACER
68

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

Aug. 28, 2014

Aug. 28, 2014

PACER
69

MINUTES OF MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT 67 hearing held before Judge Christina A. Snyder. The Court confers with counsel. The Court grants the above-referenced motion. The Court will issue the Proposed Order Granting Joint Motion for Approval of Settlement Agreement forthwith. Court Reporter: Laura Elias. (lom) (Entered: 09/25/2014)

Sept. 22, 2014

Sept. 22, 2014

RECAP
70

ORDER GRANTING JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT 67 by Judge Christina A. Snyder. (lom) (Entered: 09/25/2014)

Sept. 22, 2014

Sept. 22, 2014

PACER
71

NOTICE filed by Plaintiff California Hospital Association. re Settlement Effective Date (Cannizzo, Craig) (Entered: 03/31/2015)

March 31, 2015

March 31, 2015

PACER
72

NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED.R.CIV. PRO. 41(a)(1) (Keville, Jordan) (Entered: 04/13/2015)

April 13, 2015

April 13, 2015

PACER
73

NOTICE OF ERRATA AND WITHDRAWAL OF VOLUNTARY DISMISSAL filed by Plaintiff California Hospital Association. (Keville, Jordan) (Entered: 04/20/2015)

April 20, 2015

April 20, 2015

PACER
74

STIPULATION for Hearing re Motions for Attorneys' Fees filed by Plaintiff California Hospital Association. (Attachments: # 1 Proposed Order Re Briefing Schedule for Motions for Attorneys' Fees)(Keville, Jordan) (Entered: 04/21/2015)

1 Proposed Order Re Briefing Schedule for Motions for Attorneys' Fees

View on PACER

April 21, 2015

April 21, 2015

PACER
75

NOTICE OF MOTION AND Joint MOTION to Dismiss Case filed by Plaintiff California Hospital Association. (Attachments: # 1 Memorandum of Points and Authorities iso Application for Voluntary Dismissal, # 2 Declaration of Craig J. Cannizzo iso Application for Voluntary Dismissal, # 3 Proposed Order Dismissing Action)(Attorney Craig J Cannizzo added to party California Hospital Association(pty:pla))(Cannizzo, Craig) (Entered: 04/22/2015)

1 Memorandum of Points and Authorities iso Application for Voluntary Dismissal

View on PACER

2 Declaration of Craig J. Cannizzo iso Application for Voluntary Dismissal

View on PACER

3 Proposed Order Dismissing Action

View on PACER

April 22, 2015

April 22, 2015

PACER
76

ORDER ON PLAINTIFFS' EX PARTE APPLICATION FOR DISMISSAL OF ACTION by Judge Christina A. Snyder: Upon Plaintiff's Ex Parte Application 75, IT IS HEREBY ORDERED that, pursuant to Federal Rule of Civil Procedure 41(a)(2), Case No. CV 09-8642 is hereby dismissed with prejudice, each party to bear its own costs in accordance with Part III.A.3 of the Settlement Agreement of the parties on file herein, with the Court retaining jurisdiction, pursuant to Parts III.A.3 and III.D.17 of the Settlement Agreement, to entertain any application for attorneys' fees as described in Part III.C. of the Settlement Agreement, and for purposes of enforcement of the Settlement Agreement by any parties in the within action, up to and including 1/1/2016. (gk) (Entered: 04/24/2015)

April 23, 2015

April 23, 2015

PACER

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Nov. 23, 2009

Closing Date: Jan. 1, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

California Hospital 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):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

None yet

Order Duration: 2010 - 2016

Content of Injunction:

Preliminary relief granted

Issues

General:

Funding

Payment for care

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

Benefit Source:

Medicaid