Case: California Pharmacists Association v. Maxwell-Jolly

CA Pharmacists Association v. Maxwell-Jolly

CA Pharmacists Association v. Maxwell-Jolly

CA Pharmacists Association v. Maxwell-Jolly

California Pharmacists Assoc. v. Maxwell-Jolly

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)

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)

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(car) (Entered: 11/10/2009)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

NOTICE OF LODGING filed (PROPOSED) Order re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 (Carman, Lynn) (Entered: 12/08/2009)

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)

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)

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)

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)

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)

NOTICE OF CHANGE OF ATTORNEY INFORMATION filed by Defendant David Maxwell-Jolly (Kim, Jennifer) (Entered: 12/10/2009)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals 74 . (Dhadwal, S. Andrew) (Entered: 06/03/2010)

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)

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)

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)

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)

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)

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)

OPPOSITION Respondent's Opposition to Motion re: MOTION for Reconsideration 73 filed by Defendant David Maxwell-Jolly. (Dhadwal, S. Andrew) (Entered: 06/21/2010)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

SECOND AMENDED NOTICE OF APPEAL AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by PLAINTIFFS California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. Filed On: MAY 5, 2010 AND JULY 6, 2010; Entered On: MAY 5, 2010 AND JU.Y 7, 2010; (Carman, Lynn) (Entered: 07/30/2010)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 79 filed by Tran Pharmacy, Inc., Sharon Steen, Gerald Shapiro, Pharm.D., California Pharmacists Association, Notice of Appeal to 9th Circuit Court of Appeals 74 filed by David Maxwell-Jolly, CCA # 10-55883, 10-55893. Appellee'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. Shewry, 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, appellee 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 8/18/2010. (lr) (Entered: 08/18/2010)

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 79 filed by Tran Pharmacy, Inc., Sharon Steen, Gerald Shapiro, Pharm.D., California Pharmacists Association, Notice of Appeal to 9th Circuit Court of Appeals 74 filed by David Maxwell-Jolly, CCA # 10-55883, 10-55893. These consolidated cross-appeals are preliminary injunction appeals. Appellees' petition for rehearing en banc is construed as a motion for reconsideration of the court's 8/3/10 order staying appellate proceedings. So construed, the motion is denied. Appellees' motion to assign appellants' motion to stay appellate proceedings to the panel that decided Indep. Living Ctr. of S. Cal., Inc. v. Shewry, case Nos. 08-56422 and 08-56554, and Maxwell-Jolly v. California Pharmacists Ass'n, case No. 09-55532 (collectively, "the Independent Living Center cases"), is denied as moot because the motion has already been decided under the authority delegated under 9th Cir. R. 27-7. See General Orders, Appendix A(11). Appellees' motion to assign the merits decision in these consolidated appeals to the panel that decided the Independent Living Center cases has been referred to the panel for resolution. Appellants' motion to consolidate these aqppeals and the parties' joint motion to extend time to file the opening brief are denied as moot. Appellees are advised that they remain obligated to comly with the court's August 3, 2010 order. Order received in this district on 8/18/10. (car) (Entered: 08/18/2010)

NOTICE OF MOTION AND MOTION to Stay Case pending Petitions for Certiorari filed by Defendant David Maxwell-Jolly. Motion set for hearing on 10/18/2010 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Memorandum of Points and Authorities in Support of Defendant's Motion for Stay, # 2 Declaration of Deputy Attorney General Andrew Dhadwal in Support of Motion for Stay, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Proposed Order Granting Defendant's Motion for Stay)(Dhadwal, S. Andrew) (Entered: 09/09/2010)

EX PARTE APPLICATION to Stay Case pending Petitions for Certiorari or in the Alternative, for an Order Shortening Time to Hear Defendant's Motion for Stay filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Memorandum of Points and Authorities in Support of Defendant's Ex Parte Application for Stay, or in the Alternative, For an Order Shortening Time to Hear Defendant's Motion for Stay, # 2 Declaration of Deputy Attorney General Andrew Dhadwal in Support of Ex Parte Application for Stay, or in the Alternative, for an Order Shortening Time to Hear Defendant's Motion for Stay, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Proposed Order Granting Defendant's Ex Parte Application for Stay, or in the Alternative, for an Order Shortening Time on Defendant's Motion for Stay)(Dhadwal, S. Andrew) (Entered: 09/09/2010)

OPPOSITION TO MOTION AND EX PARTE APPLICATION FOR STAY OPPOSITION re: MOTION to Stay Case pending Petitions for Certiorari 104 , EX PARTE APPLICATION to Stay Case pending Petitions for Certiorari or in the Alternative, for an Order Shortening Time to Hear Defendant's Motion for Stay 105 filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Carman, Lynn) (Entered: 09/13/2010)

STIPULATION to Continue Scheduling Conference from October 4, 2010 to January 10, 2011 filed by Defendant 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: 09/17/2010)

ORDER by Judge Christina A. Snyder: Defendant's ex parte application to stay proceedings is granted in light of the pending petitions for certiorari in Independent Living Center of Southern California, Inc.v. Shewry, 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, the parties shall file a status report or a motion for appropriate reliefgranting 104 Motion to Stay Case ; granting 105 Ex Parte Application to Stay Case (bp) (Entered: 09/20/2010)

ORDER TO TAKE SCHEDULING CONFERENCE OFF CALENDAR OR, IN THE ALTERNATIVE, CONTINUE THE SCHEDULING CONFERENCE by Judge Christina A. Snyder: Upon Stipulation 107 , the Scheduling Conference is continued to 1/10/2011 11:00 AM before Judge Christina A. Snyder. (gk) (Entered: 09/21/2010)

STATUS REPORT Pursuant to the Court's September 20, 2010 Order filed by Defendant David Maxwell-Jolly. (Wong, Michele) (Entered: 12/16/2010)

MINUTE IN CHAMBERS by Judge Christina A. Snyder: IT IS ORDERED that counsel shall file a Joint Status Report within 90 days and every quarter thereafter or upon disposition of the petitions for certiorari, whichever occurs first. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. All dates in this action are hereby VACATED. (jp) (Entered: 12/17/2010)

STATUS REPORT OF PLAINTIFFS filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Friedman, Stanley) (Entered: 02/04/2011)

STATUS REPORT re: Petitions for Certiorari filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Declaration Certificate of Service) (Dhadwal, S. Andrew) (Entered: 02/04/2011)

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)

STATUS REPORT filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc., Defendant David Maxwell-Jolly. (Wong, Michele) (Entered: 07/12/2011)

STATUS REPORT JOINT STATUS REPORT PURSUANT TO THE COURT'S MINUTE ORDER DATED JUNE 1, 2011 filed by Defendant David Maxwell-Jolly. (Wong, Michele) (Entered: 10/06/2011)

NOTICE OF TERMINATION OF ASSCIATION OF STANLEY L. FRIEDMAN AS AN ATTORNEY FOR PLAINTIFFS GERALD SHAPIRO; TRAN PHARMACY, INC.; AND SHARON STEEN filed by PLAINTIFF Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Carman, Lynn) (Entered: 11/05/2015)

Errata

NOTICE OF CHANGE IN DESIGNATION OF COUNSEL FOR SERVICE filed by DEFENDANT David Maxwell-Jolly. (Antonen, Charles) (Entered: 06/28/2016)

NOTICE OF SUBSTITUTION OF DEFENDANT filed by DEFENDANT David Maxwell-Jolly. (Antonen, Charles) (Entered: 06/28/2016)

Dismiss Case

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 79 filed by Tran Pharmacy, Inc., Sharon Steen, Gerald Shapiro, Pharm.D., California Pharmacists Association, Notice of Appeal to 9th Circuit Court of Appeals 74 filed by Jennifer Kent. CCA # 10-55883, and 10-55893. Pursuant to the parties' stipulation (Docket Entry 86), 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. (mat) (Entered: 07/01/2016)

Dismiss Case