Case: Valdivia v. California Department of Health Services

2:90-cv-01226 | U.S. District Court for the Eastern District of California

Filed Date: Oct. 1, 1990

Closed Date: March 16, 1999

Clearinghouse coding complete

Case Summary

On Oct. 1, 1990, two residents of California nursing homes filed this class action in the U.S. District Court for the Eastern District of California under the Medicaid Act against the California Department of Health Services. The plaintiffs asked the court for declaratory and injunctive relief, claiming that the state had failed to comply with the recently enacted federal nursing home reform law, 42 U.S.C. §§ 1395i-3(a)-(h) and 1396r(a)-(h). The plaintiffs also requested a preliminary injunctio…

On Oct. 1, 1990, two residents of California nursing homes filed this class action in the U.S. District Court for the Eastern District of California under the Medicaid Act against the California Department of Health Services. The plaintiffs asked the court for declaratory and injunctive relief, claiming that the state had failed to comply with the recently enacted federal nursing home reform law, 42 U.S.C. §§ 1395i-3(a)-(h) and 1396r(a)-(h). The plaintiffs also requested a preliminary injunction.

Specifically, the new law required all nursing homes to care for their residents "so as to promote maintenance or enhancement of each resident's quality of life." To this end, each facility was required to formulate a written plan of care for each resident, describing the medical, nursing, and pyschosocial needs of the resident, among other requirements. Under the law, each state is responsible for certifying the compliance of facilities with these requirements. The state claimed that its own statutory and regulatory scheme already complied with the reform law.

On Jan. 11, 1991, the court (Judge Garcia) granted the plaintiffs' motion for preliminary injunction and ordered the state to comply with the new federal requirements. On Feb. 25, 1991, he ordered that the injunction would remain in effect until final resolution on the merits of the case. The court also certified a class consisting of "all persons in California who are or will be residents in Medicare or Medicaid certified nursing facilities."

On Aug. 11, 1992, the Court granted the plaintiffs' motion for summary judgment in part and entered a permanent injunction against the state in the following areas: comprehensive resident assessments (the state has to ensure that the nursing home provide individualized care plans per the reform law); residents' rights (the state has to ensure that the nursing homes promote residents' rights in admissions policies); survey and certification requirements; and transfer and discharge appeals.

The court granted summary judgment to the plaintiffs on the question of the defendants' failure to timely comply with the nurse aid training and competency program, but granted summary judgment to the defendants on the question of their current compliance with the law. The court ruled similarly on the question of the nurse aid registry required by the reform law.

At the same time, the parties agreed to resolve all further issues through a settlement agreement. The agreement provided that the state would comply with all aspects of the reform law. The state also agreed to implement an enforcement program "including mechanisms and strategies to effectively apply appropriate remedies when federal requirements of participation are not met." The state also committed to new, comprehensive educational programs for facility staff, residents, and residents' representatives regarding resident assessments and car plans.

On April 13, 1993, the Court held that the stipulation was fair to the members of the class and approved the settlement. On March 16, 1999, the District Court (Judge Garcia granted the defendants' motion to dismiss the complaint in intervention for lack of subject matter jurisdiction and denied the intervenor's motion to enforce the settlement agreement. The court then directed the clerk of Court to close this file.

Summary Authors

Andrew Junker (12/9/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/9551372/parties/valdivia-v-hsdca/


Judge(s)

Garcia, Edward J. (California)

Nowinski, Peter A. (California)

Attorneys(s) for Plaintiff

Alexander, George (California)

Calame, Donna Schmitt (California)

Dudovitz, Neal S (District of Columbia)

Edelman, Toby (District of Columbia)

Finberg, Jeanne (California)

Girard, Lenore E (California)

Lammers, Kathleen A (California)

Miller, Kenneth P (California)

Judge(s)

Garcia, Edward J. (California)

Nowinski, Peter A. (California)

Attorneys(s) for Plaintiff

Alexander, George (California)

Calame, Donna Schmitt (California)

Dudovitz, Neal S (District of Columbia)

Edelman, Toby (District of Columbia)

Finberg, Jeanne (California)

Girard, Lenore E (California)

Lammers, Kathleen A (California)

Miller, Kenneth P (California)

Mitchell, Eugenie (California)

Nemore, Patricia (District of Columbia)

Pearl, Richard M (California)

Shapiro, Robin Marc (California)

Weathered, Tom (California)

Attorneys(s) for Defendant

Hewing, Margaret S (District of Columbia)

Mansfield, Daryl Francis (California)

Simpson, W. Scott (District of Columbia)

Yanger, Thomas Robert (California)

Other Attorney(s)

Gerst, Robert J (California)

Reagan, Mark E. (California)

Waxman, J. Mark (California)

Documents in the Clearinghouse

Document

2:90-cv-01226

Docket [PACER]

April 16, 2001

April 16, 2001

Docket
91

2:90-cv-01226

Preliminary Injunction Order

Jan. 11, 1991

Jan. 11, 1991

Order/Opinion
142

2:90-cv-01226

Memorandum of Decision

Feb. 25, 1991

Feb. 25, 1991

Order/Opinion
323

2:90-cv-01226

Opinion

July 24, 1992

July 24, 1992

Order/Opinion
333

2:90-cv-01226

Order After Hearing and Order of Permanent Injunction

Aug. 11, 1992

Aug. 11, 1992

Order/Opinion
440

2:90-cv-01226

Order after Hearing

March 16, 1999

March 16, 1999

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9551372/valdivia-v-hsdca/

Last updated Nov. 28, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT FOR MANDAMUS AND DECLARATORY AND INJUNCTIVE RELIEF to Magistrate Esther Mix Summons issued; fee status paid; Receipt # 120651; Notice re: Consent forms. (old) (Entered: 10/03/1990)

Oct. 1, 1990

Oct. 1, 1990

PACER
2

ORDER setting scheduling conference for 9:30 1/18/91 before Judge Edward J. Garcia (old) (Entered: 10/03/1990)

Oct. 1, 1990

Oct. 1, 1990

PACER
3

NOTICE OF MOTION AND MOTION by plaintiff to certify class action before Judge Edward J. Garcia (old) (Entered: 10/03/1990)

Oct. 1, 1990

Oct. 1, 1990

PACER
4

MEMORANDUM by plaintiff in support of motion to certify class action before Judge Edward J. Garcia [3-1] (old) (Entered: 10/03/1990)

Oct. 1, 1990

Oct. 1, 1990

PACER
5

NOTICE OF MOTION AND MOTION by plaintiff Richard Valdiva, plaintiff Eldora Kaski for preliminary injunction before Judge Edward J. Garcia (date & time not specified) (old) (Entered: 10/03/1990)

Oct. 1, 1990

Oct. 1, 1990

PACER
6

MEMORANDUM by plaintiff Richard Valdiva, plaintiff Eldora Kaski in support of motion for preliminary injunction before Judge Edward J. Garcia (date & time not specified) [5-1] (old) (Entered: 10/03/1990)

Oct. 1, 1990

Oct. 1, 1990

PACER
7

DECLARATION re motion for preliminary injunction before Judge Edward J. Garcia (date & time not specified) [5-1] (old) (Entered: 10/03/1990)

Oct. 1, 1990

Oct. 1, 1990

PACER
8

DECLARATION of Roanne D Olonoff in support motion for preliminary injunction before Judge Edward J. Garcia (date & time not specified) [5-1] (old) (Entered: 10/03/1990)

Oct. 1, 1990

Oct. 1, 1990

PACER
9

DECLARATION of Benson Nadell in support of motion for preliminary injunction before Judge Edward J. Garcia (date & time not specified) [5-1] (old) (Entered: 10/03/1990)

Oct. 1, 1990

Oct. 1, 1990

PACER
10

AMENDED NOTICE OF MOTION by plaintiff Richard Valdiva & Eldora Kaski for preliminary injunction before Judge EJG and to certify class action (old) (Entered: 10/12/1990)

Oct. 9, 1990

Oct. 9, 1990

PACER
11

ERRATA by plaintiff to [6-1] (old) (Entered: 10/18/1990)

Oct. 15, 1990

Oct. 15, 1990

PACER

LODGED - proposed stipulation for order and order continuing hearing on pltf motions for preliminary injunction and class certification (old)

Oct. 16, 1990

Oct. 16, 1990

PACER
13

PROOF OF SERVICE by plaintiff Richard Valdiva, plaintiff Eldora Kaski of motion for preliminary injunction before Judge EJG and [10-1], motion [10-2], amend [10-1] (old) (Entered: 10/26/1990)

Oct. 22, 1990

Oct. 22, 1990

PACER
14

STIPULATION and ORDER by Judge Edward J. Garcia : the motions for preliminary injunction and class certification are continued to 11/30/90, all papers filed on behalf of state defts due 11/9/90, state defts answer to complaint due 11/29/90 (see order for more details) (Returned to attorney Pierson for servcie) (old) (Entered: 10/26/1990)

Oct. 23, 1990

Oct. 23, 1990

PACER
12

LETTER to court from plaintiff counsel Edelman to confrim that the hearing on pltf motion for preliminary injunction and for class certification is set for 11/30/90 @ 9:00 (old) (Entered: 10/26/1990)

Oct. 24, 1990

Oct. 24, 1990

PACER
15

RETURN OF SERVICE executed upon US Attonrey for defendant HHS on 10/1/90 (old) (Entered: 11/02/1990)

Oct. 29, 1990

Oct. 29, 1990

PACER
16

RETURN OF SERVICE executed upon US Attorney for defendant Gail Wilensky on 10/1/90 (old) (Entered: 11/02/1990)

Oct. 29, 1990

Oct. 29, 1990

PACER
17

RETURN OF SERVICE executed upon defendant Kenneth W Kizer on 10/1/90 (old) (Entered: 11/02/1990)

Oct. 29, 1990

Oct. 29, 1990

PACER
18

RETURN OF SERVICE executed upon defendant HSDCA on 10/1/90 (old) (Entered: 11/02/1990)

Oct. 29, 1990

Oct. 29, 1990

PACER
19

NOTICE OF MOTION AND MOTION by Health Facilitiest to intervene before Judge Edward J. Garcia (old) (Entered: 11/02/1990)

Oct. 30, 1990

Oct. 30, 1990

PACER
20

PROOF OF SERVICE by defendant of stipulation [14-1] (old) (Entered: 11/06/1990)

Oct. 30, 1990

Oct. 30, 1990

PACER

LODGED - pro hac vice application ( & order) for Patricia Nemore (old)

Oct. 31, 1990

Oct. 31, 1990

PACER

LODGED - pro hac vice application (order) for Toby Edelman (old)

Oct. 31, 1990

Oct. 31, 1990

PACER
21

PROOF OF SERVICE by plaintiff of lodged proposed pro hac vice orders (old) (Entered: 11/09/1990)

Nov. 7, 1990

Nov. 7, 1990

PACER
22

NOTICE by defendant of non-opposition to class certification (old) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

PACER
23

MEMORANDUM by defendant in opposition to motion for preliminary injunction before Judge EJG and [10-1] (old) (Entered: 11/13/1990)

Nov. 9, 1990

Nov. 9, 1990

PACER
24

NOTICE OF RELATED MOTION AND MOTION by defendant HHS to dismiss before Judge Edward J. Garcia, or in the alternative for summary judgment before Judge Edward J. Garcia on 11/30/90 @ 9:00 (old) (Entered: 11/13/1990)

Nov. 13, 1990

Nov. 13, 1990

PACER
25

MOTION by plaintiff to compel attendance at depositon (not dates or further information provided) (old) (Entered: 11/16/1990)

Nov. 15, 1990

Nov. 15, 1990

PACER
26

STIPULATION by pltfs re discovery disputes (old) (Entered: 11/16/1990)

Nov. 15, 1990

Nov. 15, 1990

PACER
27

DECLARATION, by intervenor CA Association of Health, of James F Geary in support of ex parte application to attend depositions (old) (Entered: 11/16/1990)

Nov. 15, 1990

Nov. 15, 1990

PACER
28

MINUTES granting motion to compel attendance at depositon 25, Virgil Peney deposition on 11/19/90, 1 day and Joyce Fuku's deposition on 11/16/90, 1 day; denying motion by Health Facilities (treated as motion for protective order) to intervene 19 (old) (Entered: 11/16/1990)

Nov. 15, 1990

Nov. 15, 1990

PACER

LODGED - pltf apllication and proposed order shortening time re motion to compel attendance at deposition (old) Modified on 11/16/1990

Nov. 15, 1990

Nov. 15, 1990

PACER
29

RESPONSE by federal defendant response to motion to intervene (old) (Entered: 11/16/1990)

Nov. 16, 1990

Nov. 16, 1990

PACER
30

MEMORANDUM by plaintiff in opposition to motion by Health Facilitiest to intervene before Judge Edward J. Garcia [19-1] (old) (Entered: 11/16/1990)

Nov. 16, 1990

Nov. 16, 1990

PACER
31

EX PARTE APPLICATION by intervenor for TRO; MEMORANDUM OF POINTS AND AUTHORITIES in support of TRO and preliminary injunction (old) (Entered: 11/16/1990)

Nov. 16, 1990

Nov. 16, 1990

PACER
32

DECLARATION of Tami S Smason in support of application 31 (old) (Entered: 11/16/1990)

Nov. 16, 1990

Nov. 16, 1990

PACER
33

DECLARATION of Fred B Frank in support of application 31 (old) (Entered: 11/16/1990)

Nov. 16, 1990

Nov. 16, 1990

PACER
34

DECLARATION of Mark E Reagan in support of application 31 (old) (Entered: 11/16/1990)

Nov. 16, 1990

Nov. 16, 1990

PACER
35

DECLARATION of Lori Costa in support of application [31-1] (old) (Entered: 11/16/1990)

Nov. 16, 1990

Nov. 16, 1990

PACER
36

PROOF OF SERVICE by plaintiff of pro hav vice order (old) (Entered: 11/19/1990)

Nov. 16, 1990

Nov. 16, 1990

PACER
37

JOINDER by defts HSDCA and Kenneth W Kizer to pltf memorandum in opposition [30-1] to motion to intervene (old) (Entered: 11/20/1990)

Nov. 16, 1990

Nov. 16, 1990

PACER

LODGED - (intervenor) proposed TRO and order to show cause re preliminary injunction (old)

Nov. 16, 1990

Nov. 16, 1990

PACER
38

NOTICE by plaintiff of change of address of attorney George Alexander, Toby Edelman, Patricia Nemore, Leonard Gerard & Tom Weathered (old) (Entered: 11/21/1990)

Nov. 19, 1990

Nov. 19, 1990

PACER
39

DECLARATION of Ronald Kurtz in support of intervenor CA Association of Health Facilieties ex parte application [31-1] for TRO (old) (Entered: 11/21/1990)

Nov. 19, 1990

Nov. 19, 1990

PACER
40

ANSWER by HSDCA, Kenneth W Kizer (old) (Entered: 11/26/1990)

Nov. 20, 1990

Nov. 20, 1990

PACER
41

ORDER by Judge Edward J. Garcia vacating hearing re motion to dismiss or in the alternative for summary judgment before EJG on 11/30/90 @ 9:00 24 (no hearing date presently set), resetting hearing on motion by Health Facilitiest to intervene 19 & motion for preliminary injunction before Judge EJG 10 to 10:30 12/6/90 any opposition or response to application for TRO due 11/29/90 (cc: all counsel) (old) (Entered: 11/26/1990)

Nov. 21, 1990

Nov. 21, 1990

PACER
42

REPLY by plaintiff in support of their motion for preliminary injunction [10-1] (old) (Entered: 11/26/1990)

Nov. 21, 1990

Nov. 21, 1990

PACER
43

DECLARATION of Neal S Dudovitz in support of motion for preliminary injunction before Judge EJG and [10-1] (old) (Entered: 11/26/1990)

Nov. 21, 1990

Nov. 21, 1990

PACER
44

DECLARATION by pltfs in support of their motion for preliminary injunction before Judge EJG and [10-1] (old) (Entered: 11/26/1990)

Nov. 21, 1990

Nov. 21, 1990

PACER
45

EXHIBITS by plaintiff in support of their motion for preliminary injunction (old) (Entered: 11/26/1990)

Nov. 21, 1990

Nov. 21, 1990

PACER
46

REPLY by porposed intervenor CA Associated Health Facilities to pltf opposition 30 to motion to intervene (old) (Entered: 11/26/1990)

Nov. 21, 1990

Nov. 21, 1990

PACER
47

DECLARATION of Jay N Hartz in support of CA Association of Health Facilities motion to intervene & ex parte application for temporary restraining order before Judge Edward J. Garcia [19-1] (old) (Entered: 11/26/1990)

Nov. 21, 1990

Nov. 21, 1990

PACER
48

ORDER by Magistrate Esther Mix granting lodged [0-1] granting motion to compel attendance at depositon (not dates or further information provided) [25-1] (cc: all counsel) (old) (Entered: 11/28/1990)

Nov. 27, 1990

Nov. 27, 1990

PACER

LODGED Application for order shortening time and proposed order. (old)

Nov. 27, 1990

Nov. 27, 1990

PACER
49

REQUEST by defts HSDCA & Kenneth W Kizer for continuance of hearing on motion for preliminary injunction (old) (Entered: 11/30/1990)

Nov. 28, 1990

Nov. 28, 1990

PACER
50

DECLARATION of John R Pierson in support of request [49-1] for continuance (old) (Entered: 11/30/1990)

Nov. 28, 1990

Nov. 28, 1990

PACER
51

MEMORANDUM by plaintiff in opposition to request [49-1] for continuance of pltf motion for preliminary injunction (old) (Entered: 11/30/1990)

Nov. 29, 1990

Nov. 29, 1990

PACER
52

MEMORANDUM by defendant HHS in opposition to application [31-1] for TRO (old) (Entered: 11/30/1990)

Nov. 29, 1990

Nov. 29, 1990

PACER
53

MEMORANDUM by potential Intervenor California Association of Health Facilities in support of application [31-1] for TRO and motion by Health Facilitiest to intervene before Judge Edward J. Garcia [19-1] (old) (Entered: 11/30/1990)

Nov. 29, 1990

Nov. 29, 1990

PACER
54

MEMORANDUM by State defendants in opposition to application [31-1] for TRO (old) (Entered: 11/30/1990)

Nov. 29, 1990

Nov. 29, 1990

PACER
55

PROOF OF SERVICE by State defendants of declaration [50-1] (old) (Entered: 11/30/1990)

Nov. 29, 1990

Nov. 29, 1990

PACER
56

REPLY by plaintiff to proposed intervenor's ex parte application for TRO [31-1] (old) (Entered: 12/04/1990)

Nov. 29, 1990

Nov. 29, 1990

PACER
58

NOTICE by state defendant of adoption of federal defts factual representations and legal arguments contained in federal defts motion to dimiss and in response to pltf motions for preliminary injunction (old) (Entered: 12/04/1990)

Nov. 30, 1990

Nov. 30, 1990

PACER
57

REPLY by proposed intervenor to opposition to application for TRO [31-1] (old) (Entered: 12/04/1990)

Dec. 3, 1990

Dec. 3, 1990

PACER
59

AMENDED PROOF OF SERVICE by defendant of notice [58-1] (old) (Entered: 12/04/1990)

Dec. 3, 1990

Dec. 3, 1990

PACER
60

ORDER by Magistrate Esther Mix for appearance of Virgil J Toney Jr for a full day of deposition on 11/19/90 & of Joyce Fukui for a full day of deposition reset for 11/16/90, reasonable hour of commencement and place of deposition to be set by pltf (cc: all counsel) (old) (Entered: 12/06/1990)

Dec. 4, 1990

Dec. 4, 1990

PACER
61

MEMORANDUM by HSDCA, Kenneth W Kizer in opposition to motion for preliminary injunction before Judge EJG and [10-1] (old) (Entered: 12/07/1990)

Dec. 5, 1990

Dec. 5, 1990

PACER
62

MINUTES denying application [31-1], granting motion by Health Facilitiest to intervene before Judge Edward J. Garcia [19-1], that the motion for preliminary injunction before Judge EJG and [10-1] is submitted, granting motion [10-2] ; state defts may file additional brief by 12/28/90, complaint in intervention ordered filed, re dismissal motions: oppoisition due 12/28/90, replies due 1/11/91 and hearing set 1/25/91; (old) (Entered: 12/11/1990)

Dec. 6, 1990

Dec. 6, 1990

PACER
63

INTERVENOR'S COMPLAINT by California Association of Health Facilities (old) (Entered: 12/13/1990)

Dec. 6, 1990

Dec. 6, 1990

PACER

LODGED - pltf proposed order granting preliminary injunction (old)

Dec. 13, 1990

Dec. 13, 1990

PACER

LODGED - pltf proposed order certifying the class (old)

Dec. 13, 1990

Dec. 13, 1990

PACER
64

PROOF OF SERVICE by plaintiff of class action order (old) (Entered: 12/17/1990)

Dec. 17, 1990

Dec. 17, 1990

PACER
65

DECLARATION of Catherine Hawes (old) (Entered: 12/17/1990)

Dec. 17, 1990

Dec. 17, 1990

PACER

LODGED - intervenors proposed order granting motion to intervene (old)

Dec. 17, 1990

Dec. 17, 1990

PACER

LODGED - Federal parties proposed order denying intervenors application for TRO (old)

Dec. 17, 1990

Dec. 17, 1990

PACER
66

NOTICE by intervenor CA Assoc of Health of change of address of attorney. (old) (Entered: 12/19/1990)

Dec. 18, 1990

Dec. 18, 1990

PACER
67

AMENDED COMPLAINT IN INTERVENTION [63-1] (old) (Entered: 12/19/1990)

Dec. 19, 1990

Dec. 19, 1990

PACER
68

MOTION by defendant HHS to stay discovery set for 1/17/91 @ 10:00 (old) Modified on 12/27/1990 (Entered: 12/27/1990)

Dec. 26, 1990

Dec. 26, 1990

PACER
69

MEMORANDUM by defendant HHS in support of motion to stay discovery set for 1/17/91 @ 10:00 [68-1] (old) (Entered: 12/27/1990)

Dec. 26, 1990

Dec. 26, 1990

PACER
70

MOTION by defendant HHS to dismiss California Association of Health Facilities' amended complaint in intervention set for 1/17/91 @ 10:00 (old) (Entered: 12/27/1990)

Dec. 26, 1990

Dec. 26, 1990

PACER
71

MEMORANDUM by defendant HHS in support of motion to dismiss California Association of Health Facilities' amended complaint in intervention set for 1/17/91 @ 10:00 [70-1] (old) (Entered: 12/27/1990)

Dec. 26, 1990

Dec. 26, 1990

PACER
72

MEMORANDUM by defendant HSDCA in opposition to motion for preliminary injunction before Judge EJG and [10-1] (old) (Entered: 12/28/1990)

Dec. 28, 1990

Dec. 28, 1990

PACER
73

MEMORANDUM by plaintiff Richard Valdivia, plaintiff Eldora Kaski in opposition to motion to dismiss California Association of Health Facilities' amended complaint in intervention set for 1/17/91 @ 10:00 [70-1] (old) (Entered: 01/02/1991)

Dec. 28, 1990

Dec. 28, 1990

PACER
74

STIPULATION extending time for State defendants' to respond to complaint in intervention. (old) (Entered: 01/02/1991)

Jan. 2, 1991

Jan. 2, 1991

PACER

LODGED: Stipulation and order for continuance of status conference. (old)

Jan. 2, 1991

Jan. 2, 1991

PACER
75

ORDER by Judge Edward J. Garcia: Granting California Association of Health Facilities to intervene. (cc: all counsel) (old) (Entered: 01/08/1991)

Jan. 4, 1991

Jan. 4, 1991

PACER
76

ORDER by Judge Edward J. Garcia: Certifying Class. (cc: all counsel) (old) (Entered: 01/08/1991)

Jan. 8, 1991

Jan. 8, 1991

PACER
77

ORDER by Judge Edward J. Garcia ; In-court hearing on motion to dismiss set for 1/25/91 @ 9:00 That California Association of Health Facilities application for a temporary restraining order is denied. (cc: all counsel) (old) (Entered: 01/08/1991)

Jan. 8, 1991

Jan. 8, 1991

PACER
78

REQUEST (MOTION) by plaintiff Richard Valdivia, plaintiff Eldora Kaski for permission to file supplemental memorandum in support of plaintiff's motion for preliminary injunction. (old) (Entered: 01/08/1991)

Jan. 8, 1991

Jan. 8, 1991

PACER
79

MEMORANDUM by plaintiff Richard Valdivia, plaintiff Eldora Kaski in support of motion for preliminary injunction. (old) (Entered: 01/08/1991)

Jan. 8, 1991

Jan. 8, 1991

PACER
80

ORDER by Judge Edward J. Garcia ; Scheduling conf continued to 1/25/91 @ 9:30 (cc: all counsel) (old) (Entered: 01/08/1991)

Jan. 8, 1991

Jan. 8, 1991

PACER
81

OBJECTIONS by intervenor CA Assoc of Health to plaintiff's proposed order granting preliminary injunction. (old) (Entered: 01/08/1991)

Jan. 8, 1991

Jan. 8, 1991

PACER
90

NOTICE by intervenor CA Assoc of Health of change of address (kh) (Entered: 01/11/1991)

Jan. 8, 1991

Jan. 8, 1991

PACER
82

MOTION by intervenor CA Assoc of Health for protective order set for 1/17/91 @ 10:00 (old) (Entered: 01/09/1991)

Jan. 9, 1991

Jan. 9, 1991

PACER
83

LODGED: Order permitting plaintiffs to file supplemental memorandum in support of their motion for preliminary injunction. (old) (Entered: 01/10/1991)

Jan. 10, 1991

Jan. 10, 1991

PACER
84

NOTICE by plaintiff Richard Valdivia of publication in Federal Register, 1/2/91, concerning California's non-compliance with nursing home reform law. (old) (Entered: 01/10/1991)

Jan. 10, 1991

Jan. 10, 1991

PACER
85

REPLY by defendant HSDCA re motion to dismiss and or for summary judgment.[24-1], re [24-2] (old) (Entered: 01/10/1991)

Jan. 10, 1991

Jan. 10, 1991

PACER
86

MOTION by defendant HHS for protective order staying discovery set for 1/14/91 @ 1:00 (old) (Entered: 01/10/1991)

Jan. 10, 1991

Jan. 10, 1991

PACER
87

MOTION by defendant HHS for protective order staying discovery set for 1/14/91 @ 1:00 memo of points and authority in support. (old) (Entered: 01/10/1991)

Jan. 10, 1991

Jan. 10, 1991

PACER
88

PROOF OF SERVICE by defendant HHS of motion for protective order staying discovery set for 1/14/91 @ 1:00 [87-1], motion for protective order staying discovery set for 1/14/91 @ 1:00 [86-1] (old) (Entered: 01/10/1991)

Jan. 10, 1991

Jan. 10, 1991

PACER

Case Details

State / Territory: California

Case Type(s):

Nursing Home Conditions

Key Dates

Filing Date: Oct. 1, 1990

Closing Date: March 16, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of California nursing homes

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Implement complaint/dispute resolution process

Monitor/Master

Goals (e.g., for hiring, admissions)

Issues

General:

Habilitation (training/treatment)

Housing

Individualized planning

Reassessment and care planning

Restraints : chemical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Type of Facility:

Non-government for-profit

Non-government non-profit

Benefit Source:

Medicaid

Medicare