Case: California Pharmacists Association v. Maxwell-Jolly

2:09-cv-08200 | U.S. District Court for the Central District of California

Filed Date: Nov. 11, 2009

Closed Date: July 5, 2016

Clearinghouse coding complete

Case Summary

The California Pharmacists Association and several pharmacies filed this suit against David Maxwell-Jolly, then-Director of the California Department of Health Care Services. The suit was filed on November 11, 2009 in the United States District Court for the Central District of California. Plaintiffs brought the action under the Supremacy Clause of the U.S. Constitution, arguing that two provisions of a bill passed by the California Assembly on July 28, 2009 were contrary to and preempted by fe…

The California Pharmacists Association and several pharmacies filed this suit against David Maxwell-Jolly, then-Director of the California Department of Health Care Services. The suit was filed on November 11, 2009 in the United States District Court for the Central District of California. Plaintiffs brought the action under the Supremacy Clause of the U.S. Constitution, arguing that two provisions of a bill passed by the California Assembly on July 28, 2009 were contrary to and preempted by federal Medicaid law. Assembly Bill ("AB") X4 5, sections 38 and 39 would reduce the reimbursement rate paid to pharmacies for drugs provided to Medicaid recipients. This legislation was passed without prior approval from the United States Department of Health and Human Services' Centers for Medicare & Medicaid Services ("CMS"), which the plaintiffs argued was contrary to federal law. The California Legislature had also failed to study the potential effects of the rate reductions on the level of access to and quality of care available to Medi-Cal recipients, contrary to the requirements of § 1902(a)(30)(A) of the Social Security Act.

A related case between the same two parties was also filed and which eventually reached the Supreme Court (California Pharmacists Association v. Maxwell Jolly, Clearinghouse code PB-CA-0020.)

The plaintiffs also contested an additional 4% drop in the reimbursement rate, which was the result of changes to the Average Wholesale Prices (AWPs) for several thousand pharmaceuticals, as determined by data from First DataBank, Inc. California based its formula for calculating prescription drug reimbursement rates on these AWPs. A lawsuit filed against First DataBank alleging that the company set AWPs at artificially high levels resulted in a consent decree wherein the company agreed to reduce the AWPs for more than 2000 drugs by five percent. New England Carpenters Health Benefits Fund et al v. First Databank, Inc., 582 F.3d 30 (1st. Cir. 2009). First DataBank had voluntarily reduced its AWP for many thousand more drugs. The plaintiffs argued that California accepted the reduced reimbursement rates that resulted from the lowering of the AWPs without first considering the affects this would have on the "efficiency, economy, and quality of care," provided to Medicaid recipients as required by § 30(A).

Plaintiffs sought restraining orders and preliminary and permanent injunctions preventing the contested provisions of AB X4 5 from being implemented and preventing the State from using the reduced AWPs as the basis for its reimbursement rates. They also sought declaratory judgments holding the contested rate reductions to be unlawful.

On December 28, 2009 the Court declined to grant a temporary restraining order preventing the implementation of the rate reductions. The plaintiffs appealed the decision to the Ninth Circuit Court of Appeals, and then voluntarily dismissed the appeal when that Court found that it probably lacked jurisdiction to consider the appeal while the plaintiffs' motion for a preliminary injunction was still pending in the lower court.

On May 5, 2010, the Court granted in part and denied in part the plaintiffs' motion for a preliminary injunction, granting preliminary injunctions against the implementation of the contested effects of AB X4 5. Both parties filed appeals to the Ninth Circuit Court of Appeals. The appeals were stayed pending the petitions for certiorari review by the Supreme Court of several related cases involving the question of whether the Supremacy Clause could serve as a basis for a private suit to enforce the Medicaid Act against a state. This stay was continued after review was granted in these cases and while they remained pending before the Supreme Court. See, e.g., Douglas v. Independent Living Center of Southern California (Clearinghouse code PB-CA-0016), and the other California Pharmacists Association v. Maxwell-Jolly case, mentioned above (PB-CA-0020.)

The District Court proceedings were also stayed pending the outcome of these Supreme Court cases. CMS approved most of the California Medicaid plan amendments while the Supreme Court cases were still awaiting adjudication. In light of this, on February 22, 2012, the Supreme Court declined to issue a ruling on the Supremacy Clause question. Instead, the Supreme Court vacated the Ninth Circuit Court's decision in the cases before it and remanded those cases to the Ninth Circuit for reconsideration. Douglas v. Independent Living Center of Southern California, 132 S. Ct. 1204 (U.S. 2012).

On July 1, 2016, the defendant (now represented by the next director of the California Department of Health and Human Services) filed a joint motion to dismiss the case with prejudice. The court granted the request on July 5, 2016, with prejudice, ordering that each side bear its own costs and attorneys' fees. The case is now closed.

Summary Authors

Alex Colbert-Taylor (7/26/2013)

Rachel Carpman (12/7/2018)

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)

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

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

National Association of Chain Drug Stores v. Schwarzenegger, 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/5775189/parties/california-pharmacists-association-v-jennifer-kent/


Judge(s)

Nagle, Margaret A. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Carman, Lynn S. (California)

Friedman, Stanley Lester (California)

Gregorovic, Peter S. (California)

Attorneys(s) for Defendant

Antonen, Charles (California)

Carson, Susan (California)

Cribbs, Gregory Martin (California)

Dhadwal, S. Andrew (California)

Kim, Jennifer M. (California)

Judge(s)

Nagle, Margaret A. (California)

Snyder, Christina A. (California)

Attorneys(s) for Plaintiff

Carman, Lynn S. (California)

Friedman, Stanley Lester (California)

Gregorovic, Peter S. (California)

Attorneys(s) for Defendant

Antonen, Charles (California)

Carson, Susan (California)

Cribbs, Gregory Martin (California)

Dhadwal, S. Andrew (California)

Kim, Jennifer M. (California)

McElroy, Leslie P. (California)

Wong, Michele Li (California)

Documents in the Clearinghouse

Document

Docket

July 5, 2016 Docket
1

Complaint for Injunctive and Declaratory Relief

CA Pharmacists Association v. Maxwell-Jolly

Nov. 9, 2009 Complaint
6

First Amended Complaint

CA Pharmacists Association v. Maxwell-Jolly

Dec. 5, 2009 Complaint
67

Order Granting in Part and Denying in Part Plaintiffs' motion for Preliminary Injunction

CA Pharmacists Association v. Maxwell-Jolly

May 5, 2010 Order/Opinion
89

(In Chambers:) Order Denying Motion to Alter, Amend, Modify, and Reconsider

California Pharmacists Assoc. v. Maxwell-Jolly

July 6, 2010 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5775189/california-pharmacists-association-v-jennifer-kent/

Last updated May 20, 2022, 2:26 a.m.

ECF Number Description Date Link
1

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)

Nov. 9, 2009
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 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)

Dec. 14, 2009 RECAP
2

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)

Nov. 9, 2009
3

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

Nov. 9, 2009
4

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)

Nov. 17, 2009
5

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)

Nov. 23, 2009
6

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)

Dec. 5, 2009
7

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)

Dec. 7, 2009
8

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)

Dec. 7, 2009
9

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)

Dec. 8, 2009
10

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)

Dec. 8, 2009
11

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)

Dec. 8, 2009
12

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)

Dec. 8, 2009
13

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)

Dec. 8, 2009
14

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)

Dec. 8, 2009
15

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

Dec. 8, 2009
16

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)

Dec. 8, 2009
17

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)

Dec. 8, 2009
18

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)

Dec. 8, 2009
19

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)

Dec. 8, 2009
20

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)

Dec. 9, 2009
21

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

Dec. 10, 2009
22

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)

Dec. 10, 2009
23

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)

Dec. 10, 2009
24

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)

Dec. 10, 2009
25

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)

Dec. 10, 2009
26

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)

Dec. 10, 2009
27

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)

Dec. 11, 2009
28

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)

Dec. 11, 2009
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 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)

Dec. 11, 2009

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

53

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)

Feb. 1, 2010
54

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)

Feb. 1, 2010
55

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)

Feb. 1, 2010
56

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)

Feb. 8, 2010
57

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)

Feb. 10, 2010
58

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)

Feb. 12, 2010
59

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)

Feb. 22, 2010
60

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)

Feb. 22, 2010
61

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)

March 4, 2010

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)

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)

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)

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)

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)

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)

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)

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)

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)

71

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)

May 17, 2010
72

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)

May 27, 2010
73

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)

June 2, 2010
74

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)

June 3, 2010
75

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)

June 3, 2010
76

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

June 3, 2010
77

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)

June 3, 2010
78

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)

June 3, 2010
79

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)

June 4, 2010
80

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)

June 7, 2010
81

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)

June 8, 2010
82

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)

June 10, 2010
83

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

June 21, 2010
84

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)

June 22, 2010
85

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)

June 24, 2010
86

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)

June 28, 2010
87

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)

July 1, 2010
88

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)

July 1, 2010
89

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)

July 6, 2010
90

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)

July 12, 2010
91

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)

July 12, 2010
92

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)

July 12, 2010
94

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)

July 12, 2010
95

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)

July 12, 2010
93

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)

July 15, 2010
96

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)

July 16, 2010
97

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)

July 16, 2010
98

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)

July 16, 2010
99

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)

July 19, 2010

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Nov. 11, 2009

Closing Date: July 5, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The California Pharmacists Association and several pharmacies.

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:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

None

Order Duration: 2010 - 2010

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

Funding

Payment for care

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

Benefit Source:

Medicaid