Case: Rodde v. Bonta

U. S. Court of Appeals for the Ninth Circuit

COMPLAINT filed Summons(es) 20 days issued referred to Discovery Patrick J. Walsh (rrey) (Entered: 03/12/2003)

NOTICE OF INTERESTED PARTIES filed by plaintiffs Susan Rodde, Kenneth Younger, Antonio Gaxiola (rrey) (Entered: 03/12/2003)

ORDER by Magistrate Judge Jeffrey W. Johnson granting petition [3-1]; IT IS THEREFORE ORDERED that Manuel Gaxiola be appointed as guardian ad litem for Antonio Gaxiola in this action (rrey) (Entered: 03/12/2003)

LODGED COMPLAINT submitted by plaintiff (FWD TO Duty Mag) (jag)

PROOF OF SERVICE executed upon defendant Los Angeles County; Service by Federal on 3/14/03 via substituted service by serving Summons and Complaint (mg) (Entered: 03/21/2003)

PROOF OF SERVICE executed upon defendant Los Angeles County; Service by Federal on 3/14/03 via substituted service by serving Summons and complaint to Thomas L Garthwaite, M.D. (mg) (Entered: 03/21/2003)

ORDER TO REASSIGN CASE DUE TO SELF-RECUSAL: by Judge Audrey B. Collins Case reassigned from Judge Audrey B. Collins to Judge Percy Anderson for all further proceedings (rn) (Entered: 03/24/2003)

NOTICE AND ACKNOWLEDGEMENT of Receipt Of Summons and Complaint by defendant Diana Bonta mailed on 3/12/03 received by Debra Rouger (title not specified) (mg) (Entered: 03/25/2003)

CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Diana Bonta, R.N., Dr. P.H. Director of the California Department of Health Services (ir) (Entered: 03/28/2003)

OPPOSITION by defendant Diana Bonta to to plaintiffs' ex parte request for leave to file over-length briefs. (bp) (Entered: 03/31/2003)

ORDER TO REASSIGN CASE DUE TO SELF-RECUSAL: by Judge Percy Anderson Case reassigned from Judge Percy Anderson to Judge Florence-Marie Cooper for all further proceedings (rn) (Entered: 03/28/2003)

NOTICE OF INTERESTED PARTIES filed by County of LA, Thomas L Garthwaite (nhac) (Entered: 03/31/2003)

OPPOSITION by defendant County of LA, defendant Thomas L Garthwaite to plaintiff's ex parte relief. (bp) (Entered: 04/04/2003)

MINUTES: This action has been reassigned to the Honorable Florence-Marie Cooper, United States District Judge by Judge Florence-Marie Cooper CR: N/A (bp) (Entered: 04/02/2003)

OPPOSITION by defendants' County of LA, and Thomas L Garthwaite to plaintiffs' request for ex parte application relief; declaration of Julie Ann Silva. (bp) (Entered: 04/03/2003)

OPPOSITION by defendant Diana Bonta to plaintiff's request for ex parte application. (bp) (Entered: 04/04/2003)

ANSWER filed by defendants County of Los Angeles, Thomas L Garthwaite to complaint [1-1]; jury demand (jp) (Entered: 04/07/2003)

NOTICE OF MOTION AND MOTION by plaintiffs for preliminary injunction ; motion hearing set for 10:00 4/28/03; Lodged Order (jp) (Entered: 04/07/2003)

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiffs in support of motion for preliminary injunction [17-1] (jp) (Entered: 04/07/2003)

EXHIBITS by plaintiffs in support of motion for preliminary injunction [17-1] (VOLUME I) -- Exhibits 1-51 (jp) (Entered: 04/07/2003)

EXHIBITS by plaintiffs in support of motion for preliminary injunction [17-1] (VOLUME II) -- Exhibits 52-82 (jp) (Entered: 04/07/2003)

NOTICE OF MOTION AND MOTION by plaintiffs for class certification ; Declarations in support; motion hearing set for 10:00 4/28/03 (jp) (Entered: 04/08/2003)

MINUTES before Discovery Patrick J. Walsh: Plaintiffs Ex Parte Application re Deposition (telephonic); The Cort GRANTS plaintiffs ex parte application for expedited depositons. Ms. Julia Silva is directed to prepare the proposed order for the Court. Tape No.: 03-18 (0-end), 03-19 (0-2275) (jp) (Entered: 04/17/2003)

EX PARTE APPLICATION filed by defendants County of LA, Thomas L Garthwaite for an extension of time to respond to plaintiffs motions for preliminary injunction and class certification ; Declaration of Julie Ann Silva. (jp) (Entered: 04/09/2003)

NOTICE OF DISCREPANCY AND ORDER by Judge S. J. Otero ordering first amended complaint submitted by plaintiff Susan Rodde received on 4/8/03 is not to be fld but instead rejected (bp) (Entered: 04/10/2003)

NOTICE OF ERRATA by plaintiff correcting motion for preliminary injunction [17-1] (bp) (Entered: 04/10/2003)

NOTICE OF ERRATA by plaintiff correcting plaintiffs' memorandum of points and authorities in support of motion for preliminary injunctions [18-1] (bp) (Entered: 04/10/2003)

OPPOSITION by plaintiffs' to ex parte application for an extension of time to respond to plaintiffs motions for preliminary injunction [22-1] (bp) (Entered: 04/11/2003)

ORDER by Judge Florence-Marie Cooper Re: County Defendants' ex parte application for an extension of time to respond to plaintiffs motions for preliminary injunction [22-1], and class certification [22-2]; It is Ordered that the plaintiffs' motion for class certification [21-1], currently scheduled for 4/28/03, be continued for hearing to 5/27/03; Accordingly, pursuant to Local Rule 7-11, this order continuing the hearing of plaintiffs' motion class certification extends the time for filing and serving opposing papers and reply papers to 14 days and 7 days, respectively, preceding the new hearing date of 5/12/03; Defendnants' motion to continue the hearing on plaintiff's request for preliminary injunction is denied (nhac) (Entered: 04/11/2003)

MINUTES before Discovery Patrick J. Walsh: Plaintiffs Ex Parte Application Re Depositions (telephonic); The case is called, and appearances are made on the record. Defendants can attend the deposition of Dr. Segar in person on 04/11/03 from 11:45 a.m. to 2:30 p.m. Eastern time. Tape No.: 03-18 (0-end), 03-19 (0-2275) (jp) (Entered: 04/17/2003)

NOTICE OF ASSOCIATION of Counsel for defendants' County of LA, and Thomas L Garthwaite by attorney Gordon T Walker. Please take notice that defendants County of Los Angeles and Thomas L. Garthwaite will be associating with Gordon T. Walker of Sullivan, Weinstein & McQuay, P.C., to assist in representing defendants. (bp) (Entered: 04/14/2003)

OPPOSITION by defendant Diana Bonta to motion for preliminary injunction [17-1] (bp) (Entered: 04/15/2003)

Compendium of Declarations and exhibits by defendant Diana Bonta in support of opposition to motion for preliminary injunction [17-1] (bp) (Entered: 04/15/2003)

Exhibits by defendants' County of LA, and Thomas L Garthwaite in support of opposition to motion for preliminary injunction [17-1] (bp) (Entered: 04/15/2003)

REQUEST by defendants' County of LA, and Thomas L Garthwaite for Judicial Notice in support of opposition to motion for preliminary injunction [17-1] (bp) (Entered: 04/15/2003)

OPPOSITION by defendants' County of LA, and Thomas L Garthwaite to motion for preliminary injunction [17-1] (bp) (Entered: 04/15/2003)

Index of exhibits by defendants' County of LA, and Thomas L Garthwaite in support of opposition to motion for preliminary injunction [17-1] (bp) (Entered: 04/15/2003)

Objections by defendants' County of LA, and Thomas L Garthwaite to evidence offered in suport of motion for preliminary injunction [17-1] (bp) (Entered: 04/15/2003)

MINUTES: Plaintiffs' ex parte application re depositions (telephonic) The case is called, and appearances are made on the record. The court confers with counsel regarding the scheduling of depositions. Defendants are to provide plaintffs with the date and time of Mr. Leif's deposition by April 15, 2003, at noon by Discovery Patrick J. Walsh CR: 03-20 (391-1478) (bp) (Entered: 04/22/2003)

STIPULATION filed to extend time to answer complaint [1-1] to 4/28/03 as to defendant Diana Bonta (bp) (Entered: 04/17/2003)

EX PARTE APPLICATION filed by plaintiff for order reconsidering ruling of April 11, 2003 and advancing hearing on plaintiff's motion for class certification Lodged proposed order (bp) (Entered: 04/17/2003)

PLACED IN FILE - NOT USED: Plaintiffs ex parte application for expedited depositions pursuant to FRCP 30(a)(2)(c) and to take a telephonic deposition pursuant to FRCP 30(b)(7); Lodged 03/31/03 (jp)

OPPOSITION by defendants' County of LA, and Thomas L Garthwaite to ex parte application for order reconsidering ruling of April 11, 2003 and advancing hearing on plaintiff's motion for class certification [37-1] (bp) (Entered: 04/17/2003)

MINUTES: Conference call regarding depositions. The case is called, and appearances are made on the record. The court confers with counsel regarding depositions by Discovery Patrick J. Walsh CR: 03-21 (782-) (bp) (Entered: 04/23/2003)

ORDER by Judge Florence-Marie Cooper, granting the ex parte application for order reconsidering ruling of April 11, and advancing hearing on plaintiff's motion for class certification [37-1], hearing on motion for class certification [21-1] continued to 10:00 5/5/03 (bp) (Entered: 04/18/2003)

REPLY Memorandum of Points and Authorities by plaintiff in support of motion for preliminary injunction [17-1] (bp) (Entered: 04/22/2003)

RESPONSE to defendants County of Los Angeles and Thomas L. Garthwaite, M.D.'s evidentiary objections by plaintiffs' (bp) (Entered: 04/22/2003)

SUPPLEMENTAL EXHIBITS in support of plaintiff's motion for preliminary injunction [17-1] (bp) (Entered: 04/22/2003)

OPPOSITION by defendants County of LA, Thomas L Garthwaite to Plfs's motion for class certification [22-1], [22-2]; Objection to evidence (ir) (Entered: 04/25/2003)

OBJECTIONS filed by defendants County of LA, Thomas L Garthwaite to Plfs' evidence offered in support of motion for class certification [22-1], [22-2] (ir) (Entered: 04/25/2003)

NOTICE of non-opposition to plaintiffs' motion for class certification by defendant Diana Bonta (bp) (Entered: 04/28/2003)

ANSWER filed by defendant Diana Bonta to complaint [1-1] (bp) (Entered: 04/29/2003)

SUPPLEMENTAL Pleading to clarify issues of fact raised in court's tentative ruling by defendants' County of LA, and Thomas L Garthwaite (bp) (Entered: 04/29/2003)

MEMORANDUM filed by defendants' County of LA, and Thomas L Garthwaite regarding legal conclusions in tentative ruling on motion for preliminary injunctive relief. (bp) (Entered: 04/29/2003)

REPLY by plaintiffs' brief in support of motion for class certification [21-1] (bp) (Entered: 04/29/2003)

MINUTES: The court hears oral argument on the motion for preliminary injunction. The court allows the filing of defendant County's additional brief this day and sets May 2, 2003, noon, as the filing deadline for plaintiff and state of defendants to file a response. The court will take its ruling under submission thereupon and the parties shall be contacted by the court if a further hearing is to be set. The plaintiff's request for a temporary restraining order is also taken under submission injunction [17-1] by Judge Florence-Marie Cooper CR: N/A (bp) (Entered: 04/29/2003)

ORDER: The court hereby grants plaintiffs' motion for class certification. The court's concurrently filed temporary restraining order shall apply with equal force to the absent class members by Judge Florence-Marie Cooper (bp) (Entered: 04/30/2003)

ORDER Adjudged and Decreed that unitl May 13, 2003, at 5:00 p.m. defendant County of Los Angeles, defendant Thomas L. Garthwaite, M.D., the current Director of the Los Angeles County Department of Health, and their representative successors in office, agents, servants, employees, attorneys, and all person in active concert herewith shall be immediately restrained and enjoined from: terminating, reducing or making any further reductions in any impatient and outpatient medical service at Rancho which is covered by the Medi-Cal program; or giving notice to any person of any termination, reduction or further reduction in impatient and outpatient medical service at Rancho. It is further Ordered that plaintiffs need not post any bond in connection with this temporary restraining order by Judge Florence-Marie Cooper [17-1] (bp) (Entered: 04/30/2003)

NOTICE OF FILING DEPOSITION Transcripts with the Court by defendants County of LA, Thomas L Garthwaite (mch) (Entered: 04/30/2003)

OBJECTIONS filed by defendant County of LA to Plaintiff's proposed temporary restraining order (mch) (Entered: 04/30/2003)

NOTICE of lodgment of deposition transcripts by Rancho Los Amigos Rehabilitation Center (bp) (Entered: 05/01/2003)

AMENDMENT NOTICE OF LODGMENT TO DEPOSITION TRANSCRIPTS [59-1] by plaintiffs Susan Rodde, Kenneth Younger, Antonio Gaxiola (jp) (Entered: 05/02/2003)

MOTION by defendants County of LA, Thomas L Garthwaite to dissolve, or modify the TRO FRCP 65(b) (jp) (Entered: 05/02/2003)

MINUTES: Denying motion to dissolve [61-1], denying motion modify the TRO FRCP 65(b) [61-2] by Judge Florence-Marie Cooper. CR: n/a (ca) (Entered: 05/05/2003)

ADDITIONAL EXHIBITS in support of motion for preliminary injunction [17-1] (ca) (Entered: 05/05/2003)

FURTHER BRIEF FILED by plaintiff Susan Rodde, plaintiff Kenneth Younger, plaintiff Antonio Gaxiola in support of motion for preliminary injunction [17-1] (ca) (Entered: 05/05/2003)

RESPONSE by defendant Diana Bonta re memorandum re: legal conclusions in tentative ruling on motion fo rpreliminary injunctive relief [52-1] (ca) (Entered: 05/05/2003)

SUPPLEMENTAL EVIDENCE by defendant County of LA, defendant Thomas L. Garthwaite in support of opposition to plaintiff's motion for preliminary injunction [33-1]. (ca) (Entered: 05/05/2003)

OBJECTIONS filed by defendant County of LA, defendant Thomas L Garthwaite to plaintiffs proposed order for preliminary injunction [17-1] (ca) (Entered: 05/05/2003)

RESPONSE by defendant Diana Bonta to additional proposed orders filed by plaintiffs and County defendants (mg) (Entered: 05/06/2003)

PLAINTIFFS' OBJECTIONS to County defendants' objections to proposed order [67-1] (mg) (Entered: 05/06/2003)

ORDER by Judge Florence-Marie Cooper, the court grants the motion for preliminary injunction [17-1]: Defendants, County of Los Angeles and Thomas L. Garthwaite, M.D., the current Director of Los Angeles County Department of Health Services, and their successors in office, agents, servants, employees, attorneys, and all persons in active concert therewith are enjoined from closing Rancho Los Amigos National Rehabilitation Center, or terminating reducing or making any further reductions in any inpatient or outpatient meidcal servicies, including remedial services, at Rancho which are covered by Medi-Cal program. (bp) (Entered: 05/07/2003)

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 4/28/03 CR: Pat Cuneo (dlu) (Entered: 05/08/2003)

TRANSCRIPT filed for proceedings held on 4/28/03 (dlu)

NOTICE OF APPEAL by defendant County of LA, defendant Thomas L Garthwaite to 9th C/A from Dist. Court order filed 5/6/03 and entered 5/7/03 [70-1] (cc: Lloyd W. Pellman; Roberta M. Fesler, Leela A. Kapur; Sharon A. Reichman; Eve Hill; Paula D. Pearlman; Felicia Yearwood; Melinda Bird; Marilyn Holle; Maria F. Iriarte; Kimberly Lewis; Robert E. Newman; Gerald A. McIntyre; Kirkalnd & Ellis; State Attorney General) Fee: Billed (dlu) (Entered: 05/08/2003)

EX PARTE APPLICATION filed by defendant County of LA, defendant Thomas L Garthwaite for stay pending appeal Via FRAP 8(a)(1)(A)m /FRCP 62(a). (fvap) (Entered: 05/08/2003)

TRANSCRIPT DESIGNATION and ordering form for dates: None requested (dlu) (Entered: 05/08/2003)

MINUTES: This court hereby sets a scheduling conference set for 9:00 6/23/03 . Trial counsel are ordered to be present by Judge Florence-Marie Cooper CR: N/A (bp) (Entered: 05/09/2003)

PRELIMINARY INJUNCTION: Pursuant to the court's May 6, 2003, order granting plaintiffs' motion for preliminary injunction. Defendants, County of Los Angeles and Thomas L. Garthwaite, M.D., the current director of the Los Angeles County Department of Health Services, and their successors in office, agents, servants, employees, attorneys, and all persons in active concert herewith are enjoined from closing Rancho Los Amigos National Rehabilitation Center, or terminating reducing or making any further reductions in any inpatient or outpatien medical services, including remidial services, at Rancho which are covered by the Medi-Cal program until defendants County of Los Angeles and Dr. Garthwaite can assure the court that plaintiffs and members of the class will continue to receive comparable inpatient or outpatient services from other Medi-Cal providers in Los Angeles County. It is further Ordered that this preliminary injunction will remain in full force until the final judgment of this court, or until further order of this court, whichever occurs first. It is further ordered that plaintiffs need not post any bond in connection with this preliminary injunction by Judge Florence-Marie Cooper (bp) (Entered: 05/09/2003)

AMENDED TRANSCRIPT DESIGNATION and ordering form for dates: 4/28/03 CR: Pat Cuneo (dlu) (Entered: 05/09/2003)

Appeal Fee Paid re [72-1] fee in amount of $ 105.00 (Receipt # 38919) (dlu)

OPPOSITION by plaintiffs to County Defendants' ex parte application for stay pending appeal [73-1] (nhac) (Entered: 05/15/2003)

MINUTES: The court denies the ex parte application for stay pending appeal Via FRAP 8(a)(1)(A)m /FRCP 62(a). [73-1] by Judge Florence-Marie Cooper CR: N/A (bp) (Entered: 05/15/2003)

NOTIFICATION by Circuit Court of Appellate Docket Number appeal [72-1] 03-55765. (ghap) (Entered: 05/16/2003)

ORDER FROM USCA: Appeal filed 5/8/03 is a preliminary injunction appeal. Briefing schedule set. This appeal and any motions pending when briefing is completed shall be referred to next available motions panel for disposition. (03-55765) (pjap) (Entered: 05/23/2003)

CERTIFICATE of Record Transmitted to USCA 03-55765 (cc: all parties) (dlu) (Entered: 05/20/2003)

JOINT REPORT OF EARLY MEETING OF COUNSEL filed; est length of trial 3-6 weeks (mch) (Entered: 06/17/2003)

ORDER FROM USCA: appellees' oral, opposed motion for an extension of time to file the answering brief is granted. (03-55765) (weap) (Entered: 06/27/2003)

MINUTES: scheduling conference held . The court's trial order will issue by Judge Florence-Marie Cooper CR: Not Present (bp) (Entered: 06/24/2003)

ORDER For Court Trial by Judge Florence-Marie Cooper discovery ddl set on 7/30/04; cut-off date for joining parties or amending pleadings: September 7, 2004; cut-off date for hearing motions: September 7, 2004; Expert witness exchange deadlines: in accordance with the rules; Final Pretrial Conference set for 10/12/04; trial set on 8:00 11/23/04 (bp) (Entered: 06/24/2003)

ORDER FROM USCA: the motion of the California Healthcare Association & the Healthcare Association of Southern California for leave to file an amicus curiae brief & the amicus curiae brief received on 6/16/03 are referred to the merits panel for consideration. (03-55665) (weap) (Entered: 07/02/2003)

CLERK'S record on appeal transmitted to Circuit [72-1] vols: 6 transcripts: 1, 4 brown folders documents numbers B0019, B0020, B0044 and B0066. (weap) (Entered: 12/03/2003)

NOTICE of reassignment of counsel within office of the attorney general. This case has been reassigned within the office of the Attorney General, counsel of record for defendant Diana Bonta', R.N., an individual in her official capacity, to the following deputy attorneys general: Barbard Sheldon and Donald P. Cole filed by defendant Diana Bonta. (bp, ) (Entered: 03/02/2004)

FAX number for Attorney Donald P Cole is 619-645-2581. (bp, )

NOTICE of Association of Counsel associating attorney Warren Anthony Koshofer, Patricia L Glaser on behalf of Defendants County of Los Angeles, Thomas L Garthwaite. Filed by defendant County of Los Angeles and Thomas L. Garthwaite, M.D. (bp, ) (Entered: 03/03/2004)

FAX number for Attorney Patricia L Glaser, Warren Anthony Koshofer is 310-566-2920. (bp, )

JOINT STIPULATION For Stay and to Extend Trial and All Pretrial Dates and ORDER by Judge Florence-Marie Cooper as follows: The action is stayed in its entirety for 90 days upon the signing of this Order. Discovery cut-off 10/28/04; Cut-off date for Joining Parties or Amending Pleadings 12/6/2004; Cut-off date for hearing Motions 12/6/2004; Expert Witness Exchange Deadlines: in accordance with the rules; Pretrial Conference Date 1/10/05 ; Trial date 2/22/2005 08:00 AM before Honorable Florence-Marie Cooper. See documents for further details(nhac, ) (Entered: 03/29/2004)

Appeal Record Returned from 9th CCA RE: CLERK'S record on appeal transmitted to Circuit [72-1] vols: 6 transcripts: 1, 4 brown folders documents numbers B0019, B0020, B0044 and B0066. (weap) Received: Volume(s): 1 thru 6; Transcripts(s): 1; and 4 brown folders. (cbr, ) (Entered: 05/27/2004)

MANDATE of 9th CCA filed as to Appeal to Circuit Court 72, CCA # 03-55765. The appeal is affirmed. Costs taxed of $2,020.68.Mandate received in this district on 04/01/04. (cbr, ) Modified on 4/5/2004 (cbr, ). (Entered: 04/05/2004)

ORDER from 9th CCA filed as to Appeal to Circuit Court, 72 filed by County of Los Angeles, Thomas L Garthwaite, CCA # 03-55765. Order received in this district on 4/14/04. Plaintiffs-Appellees Motion to Transfer Consideration of Attorneys' Fees on Appeal to the District Court is granted. (weap, ) (Entered: 04/16/2004)