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1
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COMPLAINT against Defendant David Maxwell-Jolly.(Filing fee $ 350 PAID), filed by plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen.(car) (Additional attachment(s) added on 11/12/2009: # 1 Notice of Assignment, # 2 Summons, # 3 Civil Cover Sheet) (ds). (Entered: 11/10/2009)
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Nov. 9, 2009
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30
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MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: On 12/10/2009, Plaintiffs filed an Application for a Temporary Restraining Order 22 . On 12/10/2009, defendant filed an Ex Parte Application for an Order Extending His Time to Respond to Plaintiffs ' Motion for Preliminary Injunction and to Oppose Plaintiffs' TRO Request, and for a Continuance of Both of the Hearings 23 . The Court hereby continues the hearing on plaintiffs' TRO 22 to 12/28/2009 at 10:00 AM. Defendant shall fi le its opposition no later than 12/18/2009. Plaintiffs shall file a reply no later than 12/23/2009. The Court vacates the hearing on plaintiffs' Motion for Preliminary Injunction 8 currently noticed for 12/28/2009. The Court will schedule a new hearing date and set a briefing schedule at the hearing on plaintiffs' TRO Application on 12/28/2009. Court Reporter: Not Present. (gk)
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Dec. 14, 2009
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RECAP
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2
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CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen (car) (ds). (Entered: 11/10/2009)
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Nov. 9, 2009
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3
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NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(car) (Entered: 11/10/2009)
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Nov. 9, 2009
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4
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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: 11/18/2009)
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Nov. 17, 2009
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5
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ORDER RE TRANSFER PURSUANT TO Local Rule 83-1.3.1 and General Order 08.05 -Related Case- filed. Related Case No: CV08-03315 CAS (MANx). Case referred from Magistrate Judge Ralph Zarefsky to Magistrate Judge Margaret A. Nagle for Discovery. The case number will now read as follows: CV09-08200 CAS (MANx). Signed by Magistrate Judge Margaret A. Nagle. (at) (Entered: 11/23/2009)
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Nov. 23, 2009
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6
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AMENDED DOCUMENT filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DEDCLARATORY RELIEF (Carman, Lynn) (Entered: 12/05/2009)
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Dec. 5, 2009
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7
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Pursuant to General Order 08-02, initiating documents (including amended complaints) should be manually filed and a conformed, filed stamped copy should be emailed in PDF format to CivilIntakeCourtDocs-LA@cacd.uscourts.gov RE: First Amended Complaint filed 12/5/2009 6 . 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: 12/07/2009)
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Dec. 7, 2009
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8
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NOTICE OF MOTION AND MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS filed by PLAINTIFFS Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. Motion set for hearing on 12/28/2009 at 10:00 AM before Judge Christina A. Snyder. (Carman, Lynn) (Entered: 12/07/2009)
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Dec. 7, 2009
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9
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DECLARATION of RICHARD D. WILSON, C.P.A. IN SUPPORT MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 EX A - D WIL;SON DECLARATION) (Carman, Lynn) (Entered: 12/08/2009)
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Dec. 8, 2009
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10
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DECLARATION of C.P.A. RICHARD D. WILSON IN SUPPORT MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 EXHIBITS B - F, WILSON SUPPLEMENTARY DECLARATION, # 2 EXHIBITS G - H, WILSON SUPPLEMENTR DECLARATION, # 3 EXHIBITS I - K, WILSON SUPPLEMENTARY DECLARATION)(Carman, Lynn) (Entered: 12/08/2009)
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Dec. 8, 2009
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11
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DECLARATION of ODETTE LEONELLI, PHARM.D.; SHARON STEEN; GERALD SHAPIRO, PHARM.D.; THU-HANG TRAN, PHARM.D.; PAUL LOFHOLM, PHARM.D.;LYNN ROLSTON o IN SUPPORT OF MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, (Attachments: # 1 SHARON STEEN DECLARATION, # 2 GERALD SHAPIRO, PHARM.D., DECLARATION, # 3 THU-HANG TRAN, PHARM.D., DECLARATION, # 4 PAUL LOFHOLM, PHARM.D., DECLARATION, # 5 LYNN ROLSTON DECLARATION, # 6 SCHEDULE OF DECLARATIONS, (PART ONE), # 7 SCHEDULE OF DECLARATIONS, (PART TWO))(Carman, Lynn) (Entered: 12/08/2009)
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Dec. 8, 2009
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12
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REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 REQUEST FOR FIRST DATABANK DOCUMENTS AND OTHER COURT DOCUMENTS filed by PLAINTIFFS Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 EXHIBITS A, B, C, D, E, F, G, H, I, J,, # 2 EXHIBIT B, # 3 LIST OF 8,000 NDCs, # 4 EXHIBIT C, # 5 MARCH 17, 2009 ORDER APPROVING SETTLEMENT, # 6 EXHIBIT D, # 7 CALOPTIMA ACTION OCT. 1, 2009, # 8 EXHIBIT E, # 9 1ST CIRCUIT OPINION, # 10 EXHIBIT F, # 11 D. COL. DECISION ON AMP, # 12 EXHIBIT G - D. COL. DECISION 6/23/09)(Carman, Lynn) (Entered: 12/08/2009)
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Dec. 8, 2009
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13
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REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 FURTHER REQUEST FOR JUDICIAL NOTICE filed by PLAINTIFFS Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 EXHIBITS A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R)(Carman, Lynn) (Entered: 12/08/2009)
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Dec. 8, 2009
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14
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NOTICE OF LODGING filed SUMMARIES OF PHARMACY DECLARATIONS re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 (Carman, Lynn) (Entered: 12/08/2009)
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Dec. 8, 2009
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15
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NOTICE OF LODGING filed (PROPOSED) Order re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 (Carman, Lynn) (Entered: 12/08/2009)
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Dec. 8, 2009
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16
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DECLARATION of JOHYN CRONIN IN SUPPORT MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Carman, Lynn) (Entered: 12/08/2009)
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Dec. 8, 2009
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17
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REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by PLAINTIFFS Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 EXHIBITS A - B, # 2 EXHIBITS C - J, # 3 EXHIBITS K - N, # 4 EXhHIBITS O - P, # 5 EXHIBITS Q - R, # 6 EXHIBITS Q - R, # 7 EXHIBITS S - V, # 8 EXHIBITS W - Y)(Carman, Lynn) (Entered: 12/08/2009)
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Dec. 8, 2009
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18
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DECLARATION of SUPPLEMENTARY SCHEDULE OF DECLARATIONS IN SUPPORT MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 FURTHER DECLARATIONS)(Carman, Lynn) (Entered: 12/08/2009)
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Dec. 8, 2009
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19
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NOTICE OF PROOF OF SERVICE OF SUMMONS, FIIRST AMENDED COMPLAINT, AND MOTION DOCUMENTS FOR DECEMBER 28, 2009 MOTIONS filed by PLAINTIFFS Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Carman, Lynn) (Entered: 12/08/2009)
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Dec. 8, 2009
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20
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NOTICE of Change of Attorney Information for attorney S. Andrew Dhadwal counsel for Defendant David Maxwell-Jolly. Adding S. Andrew Dhadwal as attorney as counsel of record for David Maxwell-Jolly, Director of CA Dept. of Health Care Services for the reason indicated in the G-06 Notice. Filed by Defendant David Maxwell-Jolly (Dhadwal, S. Andrew) (Entered: 12/09/2009)
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Dec. 9, 2009
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21
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NOTICE OF CHANGE OF ATTORNEY INFORMATION filed by Defendant David Maxwell-Jolly (Kim, Jennifer) (Entered: 12/10/2009)
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Dec. 10, 2009
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22
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APPLICATION for Temporary Restraining Order as to 4% REDUCTION IN REIMBURSEMENT TO PHARMACIES FOR THEIR COST TO ACQUIRE BRAND DRUG NDCS IN THE MEDI-CAL PROGRAM filed by PLAINTIFFS Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Carman, Lynn) (Entered: 12/10/2009)
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Dec. 10, 2009
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23
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First EXPARTE APPLICATION for Extension of Time to File Opposition to Motions for Preliminary Injunction and Temporary Restraining Order, First EX PARTE APPLICATION to Continue Hearing from December 28, 2009 to February 1, 2010 filed by Respondent David Maxwell-Jolly. (Attachments: # 1 Declaration Declaration of Andrew Dhadwal, # 2 Supplement Points and Authorities in Support of Application, # 3 Proposed Order Notice of Lodging of Proposed Order, # 4 Proposed Order Proposed Order)(Dhadwal, S. Andrew) (Entered: 12/10/2009)
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Dec. 10, 2009
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24
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NOTICE OF ERRATA filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. correcting APPLICATION for Temporary Restraining Order as to 4% REDUCTION IN REIMBURSEMENT TO PHARMACIES FOR THEIR COST TO ACQUIRE BRAND DRUG NDCS IN THE MEDI-CAL PROGRAM 22 CORRECTION OF CAPTION OF NOTICE OF APPLICATDION FOR TEMPORARY RESTRAINING ORDER (Carman, Lynn) (Entered: 12/10/2009)
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Dec. 10, 2009
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25
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NOTICE OF LODGING filed OF (PROPOSED) TRO ORDER re APPLICATION for Temporary Restraining Order as to 4% REDUCTION IN REIMBURSEMENT TO PHARMACIES FOR THEIR COST TO ACQUIRE BRAND DRUG NDCS IN THE MEDI-CAL PROGRAM 22 (Carman, Lynn) (Entered: 12/10/2009)
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Dec. 10, 2009
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26
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NOTICE PROPOSED TRO ORDER filed by PLAINTIFFS Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Carman, Lynn) (Entered: 12/10/2009)
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Dec. 10, 2009
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27
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DECLARATION of STANLEY L. FRIEDMAN re APPLICATION for Temporary Restraining Order as to 4% REDUCTION IN REIMBURSEMENT TO PHARMACIES FOR THEIR COST TO ACQUIRE BRAND DRUG NDCS IN THE MEDI-CAL PROGRAM 22 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Carman, Lynn) (Entered: 12/11/2009)
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Dec. 11, 2009
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28
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Opposition Opposition re: First EXPARTE APPLICATION for Extension of Time to File Opposition to Motions for Preliminary Injunction and Temporary Restraining OrderFirst EX PARTE APPLICATION to Continue Hearing from December 28, 2009 to February 1, 2010 23 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Friedman, Stanley) (Entered: 12/11/2009)
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Dec. 11, 2009
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29
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is Notice - Change of Attorney Information. Miscellaneous Document event utilized in docketing this filing. A copy of this document has been forwarded to the Attorney Admissions Clerk RE: Notice of Change of Attorney Information (G-06) filed 12/10/2009 21 . 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: 12/11/2009)
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Dec. 11, 2009
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30 MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: On 12/10/2009, Plaintiffs filed an Application for a Temporary Restraining Order 22 . On 12/10/2009, defendant filed an Ex Parte Application for an Order Extending His Time to Respond to Plaintiffs' Motion for Preliminary Injunction and to Oppose Plaintiffs' TRO Request, and for a Continuance of Both of the Hearings 23 . The Court hereby continues the hearing on plaintiffs' TRO 22 to 12/28/2009 at 10:00 AM. Defendant shall file its opposition no later than 12/18/2009. Plaintiffs shall file a reply no later than 12/23/2009. The Court vacates the hearing on plaintiffs' Motion for Preliminary Injunction 8 currently noticed for 12/28/2009. The Court will schedule a new hearing date and set a briefing schedule at the hearing on plaintiffs' TRO Application on 12/28/2009. Court Reporter: Not Present. (gk) (Entered: 12/14/2009)
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31 NOTICE of Change of Attorney Information for attorney Jennifer M Kim counsel for Defendant David Maxwell-Jolly. Adding MICHELE L. WONG as attorney as counsel of record for DEFENDANTS DAVID MAXWELL-JOLLY, DIRECTOR OF DEPARTMENT OF HEALTH CARE SERVICES OF THE STATE OF CALIFORNIA for the reason indicated in the G-06 Notice. Filed by DEFENDANT DAVID MAXWELL-JOLLY, DIR OF CA DEPT OF HEALTH CARE SERVICES (Kim, Jennifer) (Entered: 12/18/2009)
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32 OPPOSITION to APPLICATION for Temporary Restraining Order as to 4% REDUCTION IN REIMBURSEMENT TO PHARMACIES FOR THEIR COST TO ACQUIRE BRAND DRUG NDCS IN THE MEDI-CAL PROGRAM 22 filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Declaration of Kevin Gorospe, # 2 Declaration of Stuart Busby)(Dhadwal, S. Andrew) (Entered: 12/18/2009)
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33 REQUEST FOR JUDICIAL NOTICE re APPLICATION for Temporary Restraining Order as to 4% REDUCTION IN REIMBURSEMENT TO PHARMACIES FOR THEIR COST TO ACQUIRE BRAND DRUG NDCS IN THE MEDI-CAL PROGRAM 22 In Support of Respondent's Opposition to Application for TRO filed by Respondent David Maxwell-Jolly. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Dhadwal, S. Andrew) (Entered: 12/18/2009)
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34 REPLY IN SUPPORT OF MOTIONS APPLICATION for Temporary Restraining Order as to 4% REDUCTION IN REIMBURSEMENT TO PHARMACIES FOR THEIR COST TO ACQUIRE BRAND DRUG NDCS IN THE MEDI-CAL PROGRAM 22 , MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Defendant David Maxwell-Jolly. (Attachments: # 1 EXHIBIT A, # 2 EXHIBIT B, # 3 SCHAFENMEYER REPLY DECLARATION, # 4 EXHIBITS C, D, E, F)(Carman, Lynn) (Entered: 12/23/2009)
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35 DECLARATION of GERALD SHAPIRO, PHARM.D. IN SUPPORT OF APPLICATION for Temporary Restraining Order as to 4% REDUCTION IN REIMBURSEMENT TO PHARMACIES FOR THEIR COST TO ACQUIRE BRAND DRUG NDCS IN THE MEDI-CAL PROGRAM 22 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Friedman, Stanley) (Entered: 12/23/2009)
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https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?111263840930891-L_1_0-1 7/18 36 DECLARATION of LYNN S. CARMAN IN RESPECT TO ERRATA IN EXHIBITS B, D, E, F, I, J, AND K OF SUPPLEMENTAL DECLARATION OF RICHARD D. WILSON, C.P.A., IN SUPPORT OF PRELIMINARY INJUNCTIONS; TOGETHER WITH CORRECTED COPIES OF EXHIBITS B, D, E, F, I, J, AND K MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Friedman, Stanley) (Entered: 12/28/2009)
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37 MINUTES OF Motion Hearing held before Judge Christina A. Snyder: In accordance with the foregoing, the Court DENIES 22 plaintiff's Application for temporaty restraining order. Court Reporter: Laura Elias. (cbr) (Entered: 12/29/2009)
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38 MINUTES OF IN CHAMBERS ORDER held before Judge Christina A. Snyder: At the hearing on Plaintiffs Application for a Temporary Restraining Order on 12/28/09, the Court ordered the hearing date on Plaintiffs Motion for Preliminary Injunction 8 be continued to FEBRUARY 22, 2010 at 10:00 A.M. and established the following briefing schedule: Defendants Opposition: 02/01/2010Plaintiffs Reply: 02/08/2010. (lc) (Entered: 12/30/2009)
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39 NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. Appeal of Order on Application for TRO, Motion Hearing 37 . (Filing fee $455, receipt number 09730000000006340488.) (Friedman, Stanley) (Entered: 12/30/2009)
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40 NOTIFICATION by Circuit Court of Appellate Docket Number 09-57065, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 39 as to Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (cbr) (Entered: 01/04/2010)
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41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Exhibit B - attachment number 2 to main document is blank RE: Reply (Motion related), Reply (Motion related), Reply (Motion related) 34 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (vh) (Entered: 01/04/2010)
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42 ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 Answer to First Amended Complaint for Injunctive and Declaratory Relief [USDC Document 6] filed by Respondent David Maxwell-Jolly.(Dhadwal, S. Andrew) (Entered: 01/11/2010)
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43 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 to First Amended Complaint filed 1/11/2010 42 . 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: 01/12/2010)
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44 MINUTES OF IN CHAMBERS ORDER by Judge Christina A. Snyder: This matter is set for a Scheduling Conference on APRIL 19, 2010, at 11:00 a.m. The Scheduling Conference will be held pursuant to F.R.Civ.P 16(b). If this case has been assigned to the ADR Pilot Program, counsel shall concurrently file the ADR Questionnaire. Judge Snyder is located at 312 N. Spring Street Courthouse, in Courtroom 5, on the second floor. See order for details. (jre) (Entered: 01/13/2010)
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45 DEFENDANT'S CERTIFICATE OF INTERESTED PARTIES filed by Defendant David Maxwell-Jolly re: Answer to Complaint (Discovery) 42 (Dhadwal, S. Andrew) (Entered: 01/13/2010)
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https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?111263840930891-L_1_0-1 8/18 46 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. Miscellaneous Document event utilized in docketing this filing RE: Defendant's Certificate of Interested Parties filed 1/13/2010 45 . 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)
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47 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 39 filed by Tran Pharmacy, Inc., Sharon Steen, Gerald Shapiro, Pharm.D., California Pharmacists Association, CCA # 09-57065. Appellants' motion for voluntary dismissal of this appeal is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. Mandate received in this district on 1/21/2010. (lr) (Entered: 01/22/2010)
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48 NOTICE OF ADDITIONAL DECLARATIONS, WITH DECLARATIONS, FOR FEBRUARY 22, 2010 HEARING re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 SHARON STEEN DECLARATION, # 2 THU-HANG TRAN DECLARATION, # 3 LIATAUD DECLARATION, # 4 LIATAUD SIGNATURE, # 5 ERENBERG DECLARATION, # 6 ERENBERG SIGNATURE, # 7 BOONAM SHIN DECLARATION, # 8 GRAMLICH DECLARATION, # 9 GRAMLICH SIGNATURE, # 10 SHAPIRO DECLARATION, # 11 SHAPIRO SIGNATURE)(Carman, Lynn) (Entered: 01/25/2010)
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49 DECLARATION of DECLARATIONS OF KHANH-LONG THAI, AMIT KAVKAR, ALINE BOGNACKI, REGGIE SINGH, DON MacKELLAR, RONALD JENNISON, JEFF ESCALLIER, GEORGE BIJOU, AND LAWRENCE HOWEN IN SUPPORT OF PRELIMINARY INJUNCTIJON MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 HOWEN DECLARATION SIGNATURE, # 2 BIJOU DECLARATION, # 3 BIJOU SIGNATURE, # 4 ARNOLD FONG DECLARATION, # 5 FONG SIGNATURE, # 6 SAE KIM DECLARATION, # 7 ESCALLIER DECLARATION, # 8 ESCALLIER SIGNATURE, # 9 RONALDE JENNISON DECLARATION, # 10 JENNISON SIGNATURE, # 11 MacKELLAR DECLARATION, # 12 MacKELLAR SIGNATURE, # 13 REGGIE SINGH DECLARATION, # 14 REGGIE SINGH SIGNAGURE, # 15 ALINE BOGNACKI DECLARATION, # 16 BOGNACKI SIGNATURE, # 17 AMIT KAVKAR DECLARATION, # 18 AMIT KAVKAR SIGNATURE, # 19 KHANH-LONG THAI DECLARATION, # 20 THAI SIGNATURE)(Carman, Lynn) (Entered: 01/26/2010)
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50 DECLARATION of PHILIP GERROE; PAUL W. LOFHOLM, Pharm.D. IN SUPPORT OF PRELIMINARY INUUNCTION MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 FOR HEARING FEB. 22, 2010 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 GERROE SIGNATURE, # 2 PAUL LOFHOLM DECLARATION, # 3 LOFHIOLM SIGNATURE)(Carman, Lynn) (Entered: 01/26/2010)
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51 NOTICE OF FILING OF SHAPIRO DECLARATION SIGNATURE PAGE filed by PLAINTIFFS Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. FOR SHAPIRO SUPPLEMENTARY DECLARATION FILED JANUARY 25, 2010 (Attachments: # 1 EXHIBIT A - SHAPIRO SIGNATURE PAGE, FOR SUPPLEMENTAL SHAPIRO DECLARATION FILED JANUARY 25, 2010) (Carman, Lynn) (Entered: 01/26/2010)
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https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?111263840930891-L_1_0-1 9/18 52 DECLARATION MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 HOWEN DECLARATION filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 HOWEN SIGNATURE)(Carman, Lynn) (Entered: 01/26/2010)
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53
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RESPONDENT'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PETITIONERS' MOTION FOR PRELIMINARY INJUNCTION IN OPPOSITION re: MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Defendant David Maxwell-Jolly. (Dhadwal, S. Andrew) (Entered: 02/01/2010)
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Feb. 1, 2010
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54
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RESPONDENT'S OBJECTIONS TO PETITIONERS' EVIDENCE IN OPPOSITION re: MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Defendant David Maxwell-Jolly. (Wong, Michele) (Entered: 02/01/2010)
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Feb. 1, 2010
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55
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REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 WITH EXHIBITS filed by Respondent David Maxwell-Jolly. (Attachments: # 1 Exhibit A-1 to A-5, # 2 Exhibit A-6 to A-7, # 3 Exhibit A-8 to A-9, # 4 Exhibit A-10 (Part 1 of 2), # 5 Exhibit A-10 (Part 2 of 2), # 6 Exhibit A-11 to A-18, # 7 Exhibit A-19 (Part 1 of 2), # 8 Exhibit A-19 (part 2 of 2), # 9 Exhibit A-20 to A-21, # 10 Exhibit A-22 (Part 1 of 3), # 11 Exhibit A-22 (Part 2 of 3), # 12 Exhibit A-22 (Part 3 of 3), # 13 Exhibit A-23 to A-26, # 14 Exhibit A-27 to A-29, # 15 Exhibit A-30 to A-34, # 16 Exhibit A-35 to A-39, # 17 Exhibit A-40 to A-42, # 18 Exhibit C (Part 1 of 3), # 19 Exhibit C (Part 2 of 3), # 20 Exhibit C (Part 3 of 3), # 21 Exhibit C, # 22 Exhibit D-1 to D-3, # 23 Exhibit D-4 to D-6, # 24 Exhibit D-7 to D-8, # 25 Exhibit D-9, # 26 Exhibit D-10 (Part 1 of 2), # 27 Exhibit D-10 (Part 2 of 2), # 28 Exhibit D-11 to D-14, # 29 Exhibit E)(Wong, Michele) (Entered: 02/01/2010)
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Feb. 1, 2010
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56
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REPLY SUPPORT OF MOTION MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 EXHIBIT A)(Carman, Lynn) (Entered: 02/08/2010)
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Feb. 8, 2010
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57
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Memorandum/brief exceeding 10 pages shall contain table of contents, Local Rule 11-8 RE: Plaintiffs' Reply in Support of Preliminary Injunctions and Rule 8, F.R.A.P. Request for Preliminary Injunction Pending Appeal, If Any Preliminary Injunction Motions are Denied filed 2/8/2010 56 . 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: 02/10/2010)
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Feb. 10, 2010
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58
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REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 Respondent's Supplemental Request for Judicial Notice of 2/10/10 decision filed by Respondent David Maxwell-Jolly. (Attachments: # 1 Exhibit A)(Dhadwal, S. Andrew) (Entered: 02/12/2010)
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Feb. 12, 2010
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59
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NOTICE Plaintiffs' Objection to Respondent's Supplemental Request for Judical Notice in Support of Opposition to Motion for Preliminay Injunction filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Friedman, Stanley) (Entered: 02/22/2010)
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Feb. 22, 2010
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60
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MINUTES of Motion Hearing held before Judge Christina A. Snyder: Proceedings: Hearing on Plaintiff's Motion for Preliminary Injunction 8 . The Court advises counsel that no tentative ruling is available and invites counsel to present their respective arguments. The Court Orders the above-referenced motion be taken under submission and that a written order will follow. Court Reporter: Laura Elias. (mg) (Entered: 03/03/2010)
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Feb. 22, 2010
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61
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NOTICE Plaintiffs' Request for Judicial Notice Filed Pursuant to Federal Rule of Evidence 201 filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Friedman, Stanley) (Entered: 03/04/2010)
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March 4, 2010
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62 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiffs' Request for Judicial Notice Notice Filed Pursuant to Federal Rule of Evidence 201 filed 3/4/2010 61 . The following error(s) was found: Incorrect event selected. The correct event is: Requests - For Judicial Notice. Notice (other) event utilized in docketing this filing. 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: 03/09/2010)
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63 STIPULATION to Continue The Scheduling Conference from April 19, 2010 to July 12, 2010 filed by Respondent David Maxwell-Jolly. (Attachments: # 1 Proposed Order To Take Scheduling Conference Off Calendar Or, In The Alternative, Continue the Scheduling Conference)(Dhadwal, S. Andrew) (Entered: 04/12/2010)
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64 ORDER by Judge Christina A. Snyder granting Stipulation to Continue 63 Scheduling Conference to 7/12/2010 at 11:00 AM. (pp) (Entered: 04/13/2010)
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65 NOTICE PLAINTIFFS' OBJECTION TO DELAY IN RULING, AND NOTICE OF INTENT TO FILE PETITION FOR MANDAMUS AND/OR PRELIMINARY INJUNCTION APPEAL filed by PLAINTIFFS California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Attachments: # 1 EXHIBITS A, B, C, D)(Carman, Lynn) (Entered: 04/30/2010)
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66 NOTICE PLAINTIFFS' OBJECTIONS TO FALE REPRESENTATIONS filed by PLAINTIFFS California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Attachments: # 1 EXHIBIT A)(Carman, Lynn) (Entered: 04/30/2010)
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67 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION by Judge Christina A. Snyder: The Court GRANTS in part and DENIES in part Plaintiffs' Motion for Preliminary Injunction 8 . The Court hereby orders respondent Director, his agents, servants, employees, attorneys, and all those working in concert with him to (1) refrain from enforcing the Upper Billing Limit codified at Cal. Welf. & Inst. Code Section 14105.455; and (2) to refrain from enforcing that portion of Cal. Welf. & Inst. Code Section 14105.45, as amended by AB 5, which provides a new maximum ingredient cost ("MAIC"). (gk) (Entered: 05/05/2010)
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68 NOTICE OF MOTION AND MOTION to Strike Petitioners' Objections (docket 65 & docket 66) Notice (Other), Notice (Other) 65 , Notice (Other) 66 filed by Respondent David Maxwell-Jolly. Motion set for hearing on 6/7/2010 at 10:00 AM before Judge Christina A. Snyder. (Dhadwal, S. Andrew) (Entered: 05/07/2010)
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69 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents re: Objection and Motion to Strike Petitioners' Objections. The following error was found: 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. (pp) (Entered: 05/11/2010)
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https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?111263840930891-L_1_0-1 11/18 70 NOTICE OF LODGING filed of Proposed Order re MOTION to Strike Petitioners' Objections (docket 65 & docket 66) Notice (Other), Notice (Other) 65 , Notice (Other) 66 MOTION to Strike Petitioners' Objections (docket 65 & docket 66) Notice (Other), Notice (Other) 65 , Notice (Other) 66 68 (Attachments: # 1 Proposed Order GRANTING RESPONDENTS MOTION TO STRIKE PETITIONERS OBJECTIONS, DOCKET NUMBERS 65 AND 66)(Dhadwal, S. Andrew) (Entered: 05/12/2010)
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71
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OPPOSITION TO MOTION OF DEFENDANT OPPOSITION TO re: MOTION to Strike Petitioners' Objections (docket 65 & docket 66) Notice (Other), Notice (Other) 65 , Notice (Other) 66 MOTION to Strike Petitioners' Objections (docket 65 & docket 66) Notice (Other), Notice (Other) 65 , Notice (Other) 66 68 filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Carman, Lynn) (Entered: 05/17/2010)
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May 17, 2010
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72
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MINUTE ORDER (In Chambers) by Judge Christina A. Snyder. RESPONDENTS OBJECTION TO AND MOTION TO STRIKE PETITIONERS OBJECTIONS (filed 05/07/10). The Court finds this motion appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing date of 6/7/10, is hereby vacated, and the matter is hereby taken under submission. On 5/5/10, the Court granted in part and denied in part plaintiffs motion for preliminary injunction. Defendants motion to strike plaintiffs objections [65 & 66] regarding the then-pending motion, is thus moot. Accordingly, the Court DENIES the motion. (pp) (Entered: 05/27/2010)
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May 27, 2010
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73
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NOTICE OF MOTION AND MOTION for Reconsideration filed by PLAINTIFFS California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. Motion set for hearing on 7/12/2010 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Exhibit (PROPOSED) ORDER)(Carman, Lynn) (Entered: 06/02/2010)
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June 2, 2010
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74
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NOTICE OF APPEAL to the 9th CCA filed by Respondent David Maxwell-Jolly. Appeal of Order on Motion for Preliminary Injunction,, 67 . (Filing Fee WAIVED.) (Dhadwal, S. Andrew) (Entered: 06/03/2010)
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June 3, 2010
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75
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Civil Appeals Docketing Statement received from Respondent David Maxwell-Jolly forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals 74 (Dhadwal, S. Andrew) (Entered: 06/03/2010)
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June 3, 2010
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76
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REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals 74 . (Dhadwal, S. Andrew) (Entered: 06/03/2010)
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June 3, 2010
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77
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NOTIFICATION by Circuit Court of Appellate Docket Number 10-55883, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 74 as to Respondent David Maxwell-Jolly. (car) (Entered: 06/03/2010)
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June 3, 2010
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78
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MINUTES IN CHAMBERS by Judge Christina A. Snyder: On the Court's own motion, the Court advances the 7/12/2010 Scheduling Conference from 11:00 AM., to 10:00 AM., to be heard simultaneously with plaintiffs' motion. (jp) (Entered: 06/04/2010)
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June 3, 2010
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79
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NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. Appeal of Order on Motion for Preliminary Injunction,, 67 . (Filing fee $455, receipt number 0973- 7048294.) (Friedman, Stanley) (Entered: 06/04/2010)
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June 4, 2010
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80
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NOTIFICATION by Circuit Court of Appellate Docket Number 10-55893, 9TH CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 79 as to Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc. (car) (Entered: 06/07/2010)
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June 7, 2010
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81
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APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 74 as to Defendant David Maxwell-Jolly; Receipt Number: 139764 in the amount of $455. (car) (Entered: 06/09/2010)
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June 8, 2010
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82
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ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 79 Pharmacists Association, Notice of Appeal to 9th Circuit Court of Appeals 74 filed by David Maxwell-Jolly, CCA # 10-55883 and 10-55893. These appeals are consolidated for purposes of disposition. Order received in this district on 6/10/2010. (dmap) (Entered: 06/15/2010)
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June 10, 2010
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83
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OPPOSITION Respondent's Opposition to Motion re: MOTION for Reconsideration 73 filed by Defendant David Maxwell-Jolly. (Dhadwal, S. Andrew) (Entered: 06/21/2010)
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June 21, 2010
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84
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STIPULATION to Continue To Take Scheduling Conference Off Calendar or, in the Alternative, Continue the Scheduling Conference from July 12, 2010 to October 4, 2010 filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Proposed Order To Take Scheduling Conference Off Calendar or, in the Alternative, Continue the Scheduling Conference)(Wong, Michele) (Entered: 06/22/2010)
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June 22, 2010
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85
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ORDER by Judge Christina A. Snyder: Upon the Stipulation of the parties 84 , the Scheduling Conference currently set for July 12, 2010, is taken off calendar. In the alternative, upon the stipulation of the parties and good cause appearing, the Scheduling Conference is continued to 10/4/2010 at 11:00 AM before Judge Christina A. Snyder. (mg) (Entered: 06/24/2010)
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June 24, 2010
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86
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REPLY MOTION for Reconsideration 73 filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Friedman, Stanley) (Entered: 06/28/2010)
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June 28, 2010
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87
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REQUEST FOR JUDICIAL NOTICE re MOTION for Reconsideration 73 filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Friedman, Stanley) (Entered: 07/01/2010)
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July 1, 2010
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88
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REQUEST FOR JUDICIAL NOTICE re MOTION for Reconsideration 73 (CORRECTED) filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Friedman, Stanley) (Entered: 07/01/2010)
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July 1, 2010
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89
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MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court DENIES Plaintiffs' Motion for Rehearing and to Alter, Amend, Modify, and Reconsider 5/5/2010 Order Relating to the Seventh Claim for Relief 73 . Court Reporter: Not Present. (gk) (Entered: 07/07/2010)
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July 6, 2010
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90
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NOTICE ADDRESS CHANGE, ATTORNEY LYNN S. CARMAN filed by PLAINTIFFS California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Carman, Lynn) (Entered: 07/12/2010)
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July 12, 2010
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91
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NOTICE PLAINTIFFS' FIRST AMENDED NOTICE OF APPEAL filed by PLAINTIFFS California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Carman, Lynn) (Entered: 07/12/2010)
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July 12, 2010
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92
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NOTICE filed by Respondent-Appellant David Maxwell-Jolly. Respondent-Appellant's First Amended Notice of Preliminary Injunction Appeal (Dhadwal, S. Andrew) (Entered: 07/12/2010)
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July 12, 2010
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94
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AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. Amending Notice of Appeal to 9th Circuit Court of Appeals, 79 Filed On: 6/04/2010; Entered On: 6/04/2010; (lr) (Entered: 07/15/2010)
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July 12, 2010
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95
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RESPONDENT - APPELLANT'S FIRST AMENDED NOTICE OF APPEAL PRELIMINARY INJUNCTION APPEAL to 9th CIRCUIT filed by Defendant David Maxwell-Jolly. Amending Notice of Appeal to 9th Circuit Court of Appeals, 74 Filed On: 6/03/2010; Entered On: 6/03/2010; (lr) (Entered: 07/16/2010)
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July 12, 2010
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93
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 90 . The following error(s) was found: Incorrect event selected. The correct event is: Change of Attorney Information (G-06). Other error(s) with document(s): Account information (new address) was not updated in the ECF system. Your account information must be updated immediately by going to Utilities - Maintain Your Address or Maintain Your E-mail Address. 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. (vh) (Entered: 07/15/2010)
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July 15, 2010
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96
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NOTICE OF CLERICAL ERROR: Due to clerical error The attorney used incorrect event code Notice(Other) for Plaintiffs' First Amended Notice of Appeal, item control number 91. Counsel's office has been notified to used the correct event Appeals, Amended Appeal to 9th Circuit Court of Appeals. The Plaintiffs' First Amended Notice of Appeal has been re docketed, item control number 94. Re: Notice (Other) 91 (lr) (Entered: 07/16/2010)
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July 16, 2010
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97
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NOTICE OF CLERICAL ERROR: Due to clerical error The attorney used incorrect event code Notice (Other) for Respondent - Appellant's First Amended Notice of Preliminary Injunction Appeal, item control number 92. Counsel's office has been notified to used the correct event Appeals, Amended Appeal to 9th Circuit Court of Appeals. The Respondent - Appellant's First Amended Notice of Preliminary Injunction Appeal, has been re docketed, item control number 95. Re: Notice (Other) 92 (lr) (Entered: 07/16/2010)
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July 16, 2010
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98
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NOTICE OF ERRATA filed by Defendant David Maxwell-Jolly. correcting Notice of Clerical Error (G-11), Notice of Clerical Error (G-11), Notice of Clerical Error (G-11) 97 , Notice (Other) 92 , Amended Appeal to 9th Circuit Court of Appeals, 95 (Attachments: # 1 Respondent's Appellant's First Amended Notice of Prelim Inj. Appeal.pdf)(Dhadwal, S. Andrew) (Entered: 07/16/2010)
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July 16, 2010
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99
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TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 02/22/2010; Court Reporter: Laura Elias; Court of Appeals Case Number: 10-55883; 10-55893; Re: 74 (Dhadwal, S. Andrew) (Entered: 07/19/2010)
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July 19, 2010
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