Case: Garcia v. Johnson

Garcia v. Sebelius, et al.

COMPLAINT against MICHAEL J. ASTRUE, ESTELLE B. RICHMAN, DENISE CHAMBERS, CHARLES E. JOHNSON ( Filing fee $ 350 receipt number 957045), filed by NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA.(jmv, ) (Additional attachment(s) added on 1/12/2012: # 1 DESIGNATION FORM) (lbs, ). (Entered: 04/24/2009)

Summons Issued as to MICHAEL J. ASTRUE, ESTELLE B. RICHMAN, DENISE CHAMBERS, CHARLES E. JOHNSON. Forwarded To: 1 to AUSA; 5 Origs to counsel on 4/24/09 (jmv, )

Acceptance of Service by U.S. Attorney Re: accepted summons and complaint for MICHAEL J. ASTRUE on 4/27/2009, answer due 6/26/2009; CHARLES E. JOHNSON on 4/27/2009, answer due 6/26/2009. (jl, ) (Entered: 04/27/2009)

MOTION to Certify Class and for Appointment of Class Counsel; Proposed Order filed by NARCISA GARCIA..(HIRSCH, AMY) (Entered: 04/28/2009)

Memorandum of Law in Support re 3 MOTION to Certify Class and for Appointment of Class Counsel; Proposed Order ; certificate of service filed by NARCISA GARCIA. (HIRSCH, AMY) (Entered: 04/28/2009)

Declaration re 3 MOTION to Certify Class and for Appointment of Class Counsel; Proposed Order ; certificate of service by NARCISA GARCIA. (HIRSCH, AMY) (Entered: 04/28/2009)

ORDER THAT THIS CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE ANITA B. BRODY TO THE CALENDAR OF THE HONORABLE JUAN R. SANCHEZ FOR ALL FURTHER PROCEEDINGS. SIGNED BY MICHAEL E. KUNZ, CLERK OF COURT ON 4/30/09. 5/1/09 ENTERED AND COPIES MAILED TO UNREP PARTIES AND E-MAILED TO COUNSEL. (sr) (Entered: 05/01/2009)

MOTION for Extension of Time to File Response to the Motion for Class Certification and for Appointment of Class Counsel filed by MICHAEL J. ASTRUE, CHARLES E. JOHNSON.Certificate of Service.(BLUME, MICHAEL) (Entered: 05/14/2009)

WAIVER OF SERVICE Returned Executed by ESTELLE B. RICHMAN, DENISE CHAMBERS, DENISE CHAMBERS, ESTELLE B. RICHMAN. ESTELLE B. RICHMAN waiver sent on 5/1/2009, answer due 6/30/2009; DENISE CHAMBERS waiver sent on 5/1/2009, answer due 6/30/2009; DENISE CHAMBERS waiver sent on 5/15/2009, answer due 7/14/2009; ESTELLE B. RICHMAN waiver sent on 5/15/2009, answer due 7/14/2009. (KRAMER, BARRY) (Entered: 05/15/2009)

NOTICE of Appearance by BARRY N. KRAMER on behalf of ESTELLE B. RICHMAN, DENISE CHAMBERS, DENISE CHAMBERS, ESTELLE B. RICHMAN with Cert of Service(KRAMER, BARRY) (Entered: 05/15/2009)

ORDERED THAT FEDERAL DEFENDANT'S MOTION FOR AN EXTENSION IS GRANTED. THE TIME WITHIN WHICH THE FEDERAL DEFENDANTS MAY RESPOND TO THE MOTION FOR CLASS CERTIFICATION AND FOR APPOINTMENT OF CLASS COUNSEL IS EXTENDED UNTIL 6/26/09; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 5/15/09. 5/15/09 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 05/15/2009)

ORDER THAT FEDERAL DEFENDERS MOTION FOR EXTENSION IS GRANTED. THE TIME WITHIN WHICH THE FEDERAL DEFENDANTS MAY RESPOND TO THE MOTION FOR CLASS CERTIFICATION AND FOR APPOINTMENT OF CLASS COUNSEL IS EXTENDED UNTIL 6/26/09; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 5/18/09. 5/18/09 ENTERED AND E-MAILED.(jl, ) (Entered: 05/18/2009)

STIPULATION AND ORDER THAT COMMONWEALTH DEFTS MAY RESPOND TO PLFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 6/30/09. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 5/19/09. 5/20/09 ENTERED AND COPIES MAILED AND E-MAILED.(fb) (Entered: 05/20/2009)

NOTICE of Appearance by CLIFFORD LEE REEVES, II on behalf of MICHAEL J. ASTRUE, CHARLES E. JOHNSON (REEVES, CLIFFORD) (Entered: 06/22/2009)

Consent MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify Class and for Appointment of Class Counsel; Proposed Order, 1 Complaint, filed by MICHAEL J. ASTRUE, CHARLES E. JOHNSON.. (Attachments: # 1 Text of Proposed Order)(REEVES, CLIFFORD) (Entered: 06/22/2009)

ORDERED THAT A STATUS CONFERENCE REGARDING FEDERAL DEFENDANTS UNOPPOSED MOTION TO EXTEND FEDERAL DEFENDANTS' TIME TO RESPOND TO PLAINTIFFS' COMPLAINT AND MOTION FOR CLASS CERTIFICATION SHALL TAKE PLACE ON 6/26/09 AT 10;30 A.M.; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 6/23/09. 6/23/09 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 06/23/2009)

NOTICE of Appearance by JOHN S. WHITELAW on behalf of NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA with Certificate of Service(WHITELAW, JOHN) (Entered: 06/24/2009)

NOTICE of Appearance by SAMUEL I. BROOKS on behalf of NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA with Certificate of Service(BROOKS, SAMUEL) (Entered: 06/25/2009)

MOTION for Pro Hac Vice Admission of Gill DeFord filed by NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA..(HIRSCH, AMY) (Entered: 06/25/2009)

MOTION for Pro Hac Vice Admission of Patricia Nemore filed by NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA..(HIRSCH, AMY) (Entered: 06/25/2009)

MOTION for Pro Hac Vice Admission of Vicki Gottlich filed by NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA..(HIRSCH, AMY) (Entered: 06/25/2009)

MOTION for Pro Hac Vice Admission of Wey-Wey Kwok filed by NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA..(HIRSCH, AMY) (Entered: 06/25/2009)

PRO HAC VICE fee: $ 160.00, receipt number 9268 (jl, )

AMENDED COMPLAINT against KATHLEEN SEBELIUS, MICHAEL J. ASTRUE, ESTELLE B. RICHMAN, DENISE CHAMBERS, filed by CHENGHONG HUANG, NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA, MANYUAN LIU, CERTIFICATE OF SERVICE.(jl, ) (Entered: 06/26/2009)

Amended MOTION to Certify Class and Appoint Class Counsel filed by CHENGHONG HUANG, NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA, MANYUAN LIU..(HIRSCH, AMY) (Entered: 06/26/2009)

ORDER THAT THE APPLICATION OF GILL DEFORD TO PRACTICE IN THIS COURT PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 6/26/09. 6/29/09 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 06/29/2009)

ORDER THAT THE APPLICATION OF PATRICIA B. NEMORE, ESQUIRE, TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 6/26/2009. 6/29/2009 ENTERED AND COPIES MAILED AND E-MAILED.(la, ) (Entered: 06/29/2009)

ORDER THAT THE APPLICATION OF VICKI GOTTLICH, ESQUIRE, TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 6/26/2009. 6/29/2009 ENTERED AND COPIES MAILED.(la, ) (Entered: 06/29/2009)

ORDER THAT THE APPLICATION OF WEY-WEY KWOK, ESQUIRE, TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 6/26/2009. 6/29/2009 ENTERED AND COPIES MAILED.(la, ) (Entered: 06/29/2009)

Proposed Case Management Plan Jointly Agreed To By Plaintiffs and Defendants by CHENGHONG HUANG, NARCISA GARCIA, SAU LIN SUM SO, ARC OF PENNSYLVANIA, MANYUAN LIU, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY. (WHITELAW, JOHN) Modified on 7/2/2009 (lisad, ). (Entered: 07/01/2009)

CASE MANAGEMENT ORDER THAT DISCOVERY SHALL BE COMPLETED BY 2/1/11. PLFFS' DISPOSITIVE MOTIONS SHALL BE FILED NO LATER THAN 3/15/11. DEFTS' CROSS-MOTIONS AND OPPOSITIONS THERETO WILL BE FILED NO LATER THAN 4/15/11. MOTIONS IN LIMINE ARE DUE 7/1/11. PRETRIAL MEMORANDA ARE DUE 7/1/11. A FINAL PRETRIAL CONFERENCE SET FOR 7/6/2011 AT 10:00 AM. TRIAL POOL SET FOR 7/11/2011. ( SIGNED BY HONORABLE JUAN R. SANCHEZ ON 7/10/09. ) 7/13/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) Modified on 7/22/2009 (gn, ). (Entered: 07/13/2009)

Minute Entry for proceedings held before HONORABLE JUAN R. SANCHEZ: Status Conference held on 6/26/09. (jl, ) (Entered: 07/15/2009)

Joint MOTION for Extension of Time to File Joint Status Report filed by KATHLEEN SEBELIUS, MICHAEL J. ASTRUE.. (Attachments: # 1 Text of Proposed Order)(REEVES, CLIFFORD) (Entered: 09/01/2009)

STATUS REPORT AND JOINT REQUEST TO PLACE CASE IN CIVIL SUSPENSE; PROPOSED ORDER by CHENGHONG HUANG, NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA, MANYUAN LIU. (HIRSCH, AMY) (Entered: 09/02/2009)

ORDER THAT THE PARTIES JOINT MOTION FOR EXTENSION OF TIME TO FILE A JOINT STATUS REPORT IS GRANTED; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 9/14/09.9/14/09 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 09/14/2009)

ORDER THAT THE PARTIES JOINT REQUEST TO PLACE THE ABOVE CAPTIONED CASE IN SUSPENSE FOR SIXTY DAYS IS GRANTED. THE CLERK OF COURT IS DIRECTED TO PLACE THIS CASE IN SUSPENSE; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 9/15/09.9/15/09 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 09/15/2009)

STATUS REPORT (JOINT); and Request To Continue Case In Civil Suspense; Proposed Order by CHENGHONG HUANG, NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA, MANYUAN LIU. (HIRSCH, AMY) (Entered: 11/16/2009)

ORDERED THAT A TELECONFERENCE REGARDING THE PARTIES JOINT REQUEST TO CONTINUE THE ABOVE-CAPTIONED CASE IN CIVIL SUSPENSE SHALL BE HELD ON 12/21/09 AT 11:00 A.M.; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 11/30/09. 12/1/09 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 12/01/2009)

ORDER THAT THE PARTIES JOINT REQUEST TO KEEP THE ABOVE-CAPTIONED CASE IN SUSPENSE FOR SIXTY DAYS IS GRANTED. IT IS FURTHER ORDERED A STATUS CONFERENCE SHALL TAKE PLACE ON 2/24/10 AT 10:30 A.M.; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 12/21/09. 12/22/09 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 12/22/2009)

ORDER THAT THE PARTIES JOINT REQUEST TO KEEP THE ABOVE CAPTIONED CASE IN SUSPENSE FOR THRITY DAYS IS GRANTED. THE ABOVE-CAPTIONED SHALL REMAIN IN SUSPENSE UNTIL 3/25/10. A TELECONFERENCE SHALL TAKE PLACE ON 3/25/10 AT 11:00 A.M.; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 2/24/10. 2/24/10 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 02/24/2010)

Minute Entry for proceedings held before HONORABLE JUAN R. SANCHEZ: Status Conference held on 2/24/10. (jl, ) (Entered: 02/24/2010)

Mail Returned as Undeliverable. Mail sent to DENISE CHAMBERS (jl, )

ORDERED THAT A TELECONFERENCE SHALL TAKE PLACE ON 4/1/10 AT 1:15 P.M.; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 3/16/10. 3/16/10 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 03/16/2010)

NOTICE of Voluntary Dismissal by ARC OF PENNSYLVANIA, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, NARCISA GARCIA, CHENGHONG HUANG, MANYUAN LIU, SAU LIN SUM SO As To Federal Defendants(WHITELAW, JOHN) (Entered: 03/18/2010)

ORDER RE: PLAINTIFFS NOTICE OF VOLUNTARY DISMISSAL OF THE FEDERAL DEFENDANTS KATHLEEN SEBELIUS AND MICHAEL J. ASTRUE WITHOUT PREJUDICE; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 3/18/10. 3/22/10 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) Modified on 3/23/2010 (afm, ). (Entered: 03/22/2010)

Mail Returned as Undeliverable. Mail sent to DENISE CHAMBERS (jl, )

Joint MOTION for Settlement, MOTION for Approval of Settlement; Proposed Order filed by ARC OF PENNSYLVANIA, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, DENISE CHAMBERS, DENISE CHAMBERS, NARCISA GARCIA, CHENGHONG HUANG, MANYUAN LIU, ESTELLE B. RICHMAN, ESTELLE B. RICHMAN, SAU LIN SUM SO..(WHITELAW, JOHN) (Entered: 04/13/2010)

Minute Entry for proceedings held before HONORABLE JUAN R. SANCHEZ: Status Conference held on 4/1/10. (jl, ) (Entered: 04/13/2010)

ORDER THAT A TELECONFERENCE TO DISCUSS THE PARTIES JOINT MOTION FOR SETTLEMENT SHALL BE HELD ON 4/23/10 AT 1:30 P.M.; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 4/19/10. 4/19/10 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 04/19/2010)

Minute Entry for proceedings held before HONORABLE JUAN R. SANCHEZ: Settlement Conference held on 4/23/10. (jl, ) (Entered: 04/23/2010)

ORDER THAT THE ABOVE MATTER MAY PROCEED AS A CLASS ACTION PURSUANT TO FED.R.CIV.P. 23 (a) AND (b)(2). PLAINTIFFS' EXISTING COUNSEL ARE APPOINTING TO SERVE AS COUNSEL FOR THE CLASS. THE SETTLEMENT AGREEMENT IS APPROVED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 23 (e). PURSUANT TO THE SETTLEMENT AGREEMENT, PLAINTIFFS CLAIMS AGAINST THE DPW DEFENDANTS ARE HEREBY DISMISSED; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 4/23/10. 4/23/10 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 04/23/2010)