Case: Valdivia v. California Department of Health Services

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)

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

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

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

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)

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)

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

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)

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)

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)

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

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

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)

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)

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)

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

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

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

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

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

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

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

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

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

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

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

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)

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

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

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

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)

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)

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

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

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

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

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

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

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

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

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

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

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

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)

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

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)

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

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

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

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

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

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)

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

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)

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

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

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

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

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)

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

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

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

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)

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

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

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)

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

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)

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

LODGED - pltf proposed order certifying the class (old)

LODGED - pltf proposed order granting preliminary injunction (old)

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

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

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

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

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

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

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

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)

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)

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)

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

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)

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

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

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

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

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)

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)

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

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

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

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

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

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

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)

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

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

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)

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)