Case: United Spinal Association v. State of California

COMPLAINT Receipt No: ACACDC-35194791 - Fee: $402, filed by Plaintiffs Not Dead Yet, United Spinal Association, Ingrid Tischer, Institute for Patients Rights, Communities Actively Living Independent and Free, Lonnie Vanhook. (Attorney Michael W Bien added to party Communities Actively Living Independent and Free(pty:pla), Attorney Michael W Bien added to party Institute for Patients Rights(pty:pla), Attorney Michael W Bien added to party Not Dead Yet(pty:pla), Attorney Michael W Bien added to party Ingrid Tischer(pty:pla), Attorney Michael W Bien added to party United Spinal Association(pty:pla), Attorney Michael W Bien added to party Lonnie Vanhook(pty:pla))(Bien, Michael) (Entered: 04/25/2023)

CIVIL COVER SHEET filed by Plaintiffs Communities Actively Living Independent and Free, Institute for Patients Rights, Not Dead Yet, Ingrid Tischer, United Spinal Association, Lonnie Vanhook. (Bien, Michael) (Entered: 04/25/2023)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, 1 filed by Plaintiffs Communities Actively Living Independent and Free, Institute for Patients Rights, Not Dead Yet, Ingrid Tischer, United Spinal Association, Lonnie Vanhook. (Bien, Michael) (Entered: 04/25/2023)

Certification and NOTICE of Interested Parties filed by Plaintiffs Communities Actively Living Independent and Free, Institute for Patients Rights, Not Dead Yet, Ingrid Tischer, United Spinal Association, Lonnie Vanhook, identifying None. (Bien, Michael) (Entered: 04/25/2023)

NOTICE of Related Case(s) filed by Plaintiffs Communities Actively Living Independent and Free, Institute for Patients Rights, Not Dead Yet, Ingrid Tischer, United Spinal Association, Lonnie Vanhook. Related Case(s): 5:22-cv-335 FLA (Bien, Michael) (Entered: 04/25/2023)

NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Pedro V. Castillo. (sh) (Entered: 04/26/2023)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) (Entered: 04/26/2023)

Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) (Entered: 04/26/2023)

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendants Tomas J. Aragon, Michelle Baass, Robert Bonta, California Department of Health Care Services, California Department of Public Health, District Attorneys Office for Los Angeles County, George Gascon, Kristina D. Lawson, Mara Madrigal Weiss, Medical Board of California, Mental Health Services Oversight and Accountability Commission, Gavin Newsom, State of California. (sh) (Entered: 04/26/2023)

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:22-cv-00335 FLA(GJSx). Case transferred from Magistrate Judge Pedro V. Castillo and Judge Dolly M. Gee to Judge Fernando L. Aenlle-Rocha and Magistrate Judge Gail J. Standish for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-03107 FLA(GJSx). Signed by Judge Fernando L. Aenlle-Rocha (rn) (Entered: 05/04/2023)

PROOF OF SERVICE Executed by Plaintiff Not Dead Yet, United Spinal Association, Ingrid Tischer, Institute for Patients Rights, Communities Actively Living Independent and Free, Lonnie Vanhook, upon Defendant Tomas J. Aragon served on 4/28/2023, answer due 5/19/2023; Michelle Baass served on 4/28/2023, answer due 5/19/2023; Robert Bonta served on 4/28/2023, answer due 5/19/2023; California Department of Health Care Services served on 4/28/2023, answer due 5/19/2023; California Department of Public Health served on 4/28/2023, answer due 5/19/2023; District Attorneys Office for Los Angeles County served on 5/1/2023, answer due 5/22/2023; George Gascon served on 5/1/2023, answer due 5/22/2023; Kristina D. Lawson served on 4/28/2023, answer due 5/19/2023; Mara Madrigal Weiss served on 4/28/2023, answer due 5/19/2023; Medical Board of California served on 4/28/2023, answer due 5/19/2023; Mental Health Services Oversight and Accountability Commission served on 4/28/2023, answer due 5/19/2023; Gavin Newsom served on 4/28/2023, answer due 5/19/2023; State of California served on 4/28/2023, answer due 5/19/2023. Service of the Summons and Complaint were executed upon Person authorized to accept in compliance with Federal Rules of Civil Procedure by personal service (Attachments: # 1 Proof of Service of Summons and Complaint on Gavin Newsom, # 2 Proof of Service of Summons and Complaint on Robert Bonta, # 3 Proof of Service of Summons and Complaint on California Department of Public Health and Tomas J Aragon, # 4 Proof of Service of Summons and Complaint on California Department of Health Care Services and Michelle Baass, # 5 Proof of Service of Summons and Complaint on Mental Health Services Oversight and Accountability Commission, # 6 Proof of Service of Summons and Complaint on Mara Madrigal Weiss, # 7 Proof of Service of Summons and Complaint on Medical Board of California, # 8 Proof of Service of Summons and Complaint on Kristina D Lawson, # 9 Proof of Service of Summons and Complaint on District Attorneys Office for Los Angeles County, # 10 Proof of Service of Summons and Complaint on George Gascon)(Bien, Michael) (Entered: 05/04/2023)

NOTICE of Appearance filed by attorney Kevin L. Quade on behalf of Defendants Tomas J. Aragon, Michelle Baass, Robert Bonta, California Department of Health Care Services, California Department of Public Health, Kristina D. Lawson, Mara Madrigal Weiss, Medical Board of California, Mental Health Services Oversight and Accountability Commission, Gavin Newsom, State of California (Attorney Kevin L. Quade added to party Tomas J. Aragon(pty:dft), Attorney Kevin L. Quade added to party Michelle Baass(pty:dft), Attorney Kevin L. Quade added to party Robert Bonta(pty:dft), Attorney Kevin L. Quade added to party California Department of Health Care Services(pty:dft), Attorney Kevin L. Quade added to party California Department of Public Health(pty:dft), Attorney Kevin L. Quade added to party Kristina D. Lawson(pty:dft), Attorney Kevin L. Quade added to party Mara Madrigal Weiss(pty:dft), Attorney Kevin L. Quade added to party Medical Board of California(pty:dft), Attorney Kevin L. Quade added to party Mental Health Services Oversight and Accountability Commission(pty:dft), Attorney Kevin L. Quade added to party Gavin Newsom(pty:dft), Attorney Kevin L. Quade added to party State of California(pty:dft))(Quade, Kevin) (Entered: 05/10/2023)

Notice of Appearance or Withdrawal of Counsel: for attorney Tomas A Guterres counsel for Defendants District Attorneys Office for Los Angeles County, George Gascon. Adding Tomas A. Guterres as counsel of record for Defendant COUNTY OF LOS ANGELES, erroneously sued as "District Attorneys Office of Los Angeles County; and Defendant GEORGE GASCN, in his official capacity as District Attorney of Los Angeles County for the reason indicated in the G-123 Notice. Filed by Defendant COUNTY OF LOS ANGELES, erroneously sued as "District Attorneys Office of Los Angeles County; and Defendant GEORGE GASCN, in his official capacity as District Attorney of Los Angeles County. (Attorney Tomas A Guterres added to party District Attorneys Office for Los Angeles County(pty:dft), Attorney Tomas A Guterres added to party George Gascon(pty:dft))(Guterres, Tomas) (Entered: 05/12/2023)

Notice of Appearance or Withdrawal of Counsel: for attorney Robert R Yap counsel for Defendants District Attorneys Office for Los Angeles County, George Gascon. Adding Robert R. Yap as counsel of record for Defendant COUNTY OF LOS ANGELES, erroneously sued as "District Attorneys Office of Los Angeles County; and Defendant GEORGE GASCN, in his official capacity as District Attorney of Los Angeles County for the reason indicated in the G-123 Notice. Filed by Defendant COUNTY OF LOS ANGELES, erroneously sued as "District Attorneys Office of Los Angeles County; and Defendant GEORGE GASCN, in his official capacity as District Attorney of Los Angeles County. (Attorney Robert R Yap added to party District Attorneys Office for Los Angeles County(pty:dft), Attorney Robert R Yap added to party George Gascon(pty:dft))(Yap, Robert) (Entered: 05/12/2023)

STIPULATION for Extension of Time to File Answer to July 21, 2023 filed by Defendants Tomas J. Aragon, Michelle Baass, Robert Bonta, California Department of Health Care Services, California Department of Public Health, Kristina D. Lawson, Mara Madrigal Weiss, Medical Board of California, Mental Health Services Oversight and Accountability Commission, Gavin Newsom, State of California. (Attachments: # 1 Proposed Order)(Quade, Kevin) (Entered: 05/12/2023)

INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf) (Entered: 05/16/2023)

ORDER GRANTING STIPULATION TO EXTEND RESPONSIVE PLEADING DEADLINE FOR ALLDEFENDANTS AND SETTING BRIEFING SCHEDULE FOR RULE 12(b) MOTION 15 by Judge Fernando L. Aenlle-Rocha: 1. Defendants' deadline to file a response to the Complaint is extended to July 21, 2023; 2. Should Defendants file a Motion to Dismiss pursuant to Rule 12(b) in response to the Complaint, Plaintiffs' opposition to Defendants' Motion to Dismiss is due August 18, 2023; and 3. Should Defendants file a Motion to Dismiss pursuant to Rule 12(b) inresponse to the Complaint, Defendants reply to Plaintiffs opposition isdue September 8, 2023. (lc) (Entered: 05/16/2023)

Notice filed by Plaintiffs Communities Actively Living Independent and Free, Institute for Patients Rights, Not Dead Yet, Ingrid Tischer, United Spinal Association, Lonnie Vanhook. Notice of Service of Initial Standing Order (Bien, Michael) (Entered: 05/17/2023)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Plaintiffs Communities Actively Living Independent and Free, Institute for Patients Rights, Not Dead Yet, Ingrid Tischer, United Spinal Association, Lonnie Vanhook.. (Nunez, Michael) (Entered: 06/20/2023)

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Tomas J. Aragon, Michelle Baass, Robert Bonta, California Department of Health Care Services, California Department of Public Health, Kristina D. Lawson, Mara Madrigal Weiss, Medical Board of California, Mental Health Services Oversight and Accountability Commission, Gavin Newsom, State of California. Motion set for hearing on 9/22/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order, # 3 Certificate of Service) (Quade, Kevin) (Entered: 07/20/2023)

1 Memorandum of Points and Authorities

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EX PARTE APPLICATION to Exceed Page Limitation (8,419 word count) filed by Defendants Tomas J. Aragon, Michelle Baass, Robert Bonta, California Department of Health Care Services, California Department of Public Health, Kristina D. Lawson, Mara Madrigal Weiss, Medical Board of California, Mental Health Services Oversight and Accountability Commission, Gavin Newsom, State of California. (Attachments: # 1 Proposed Order, # 2 Certificate of Service) (Quade, Kevin) (Entered: 07/20/2023)

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EX PARTE APPLICATION to Stay pending (stay of discovery pending resolution of motion to dismiss) filed by Defendants Tomas J. Aragon, Michelle Baass, Robert Bonta, California Department of Health Care Services, California Department of Public Health, Kristina D. Lawson, Mara Madrigal Weiss, Medical Board of California, Mental Health Services Oversight and Accountability Commission, Gavin Newsom, State of California. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration, # 3 Proposed Order, # 4 Certificate of Service) (Quade, Kevin) (Entered: 07/20/2023)

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OPPOSITION to EX PARTE APPLICATION to Stay pending (stay of discovery pending resolution of motion to dismiss) 22 filed by Plaintiffs Communities Actively Living Independent and Free, Institute for Patients Rights, Not Dead Yet, Ingrid Tischer, United Spinal Association, Lonnie Vanhook. (Swearingen, Richard) (Entered: 07/21/2023)

First NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by Defendants District Attorneys Office for Los Angeles County, George Gascon. Motion set for hearing on 9/29/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: # 1 Declaration of Robert R. Yap in Support of Defendants County of Los ANgeles and George Gascon's Motion to Dismiss Complaint, # 2 Proposed Order Re Motion to Dismiss Complaint) (Yap, Robert) (Entered: 07/21/2023)

ORDER GRANTING STATE DEFENDANTS' EX PARTE APPLICATION TO FILE AN OVERSIZED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF STATE DEFENDANTS' MOTION TODISMISS 21 by Judge Fernando L. Aenlle-Rocha: The court GRANTS the ex parte application and ORDERS that the State Defendants are permitted to file an oversized memorandum of points and authorities in support of their motion to dismiss. The court accepts the State Defendants' concurrently filedMemorandum of Points and Authorities (Dkt. 20-1). (lc) (Entered: 07/26/2023)

ORDER GRANTING STATE DEFENDANTS' EX PARTE APPLICATION FOR A STAY OF DISCOVERY PENDING RULING ON MOTION TO DISMISS 22 by Judge Fernando L. Aenlle-Rocha. (lc) (Entered: 07/26/2023)

MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION to Dismiss Complaint 24 filed by Plaintiffs Communities Actively Living Independent and Free, Institute for Patients Rights, Not Dead Yet, Ingrid Tischer, United Spinal Association, Lonnie Vanhook. (Bien, Michael) (Entered: 08/18/2023)

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case 20 filed by Plaintiffs Communities Actively Living Independent and Free, Institute for Patients Rights, Not Dead Yet, Ingrid Tischer, United Spinal Association, Lonnie Vanhook. (Bien, Michael) (Entered: 08/18/2023)

EX PARTE APPLICATION to Exceed Page Limitation as to Plaintiffs' Opposition to State Defendants' Motion to Dismiss (ECF 28) filed by Plaintiffs Communities Actively Living Independent and Free, Institute for Patients Rights, Not Dead Yet, Ingrid Tischer, United Spinal Association, Lonnie Vanhook. (Attachments: # 1 Affidavit of Van Swearingen in Support of Plaintiffs' Ex Parte Application to File Oversized Brief, # 2 Proposed Order) (Swearingen, Richard) (Entered: 08/18/2023)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: MEMORANDUM in Opposition to Motion, 28 . The following error(s) was/were found: The opposition was filed prior to Judge's Ruling on plaintiff's ex parte to exceed page limitation Docket no. 29. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lc) (Entered: 08/21/2023)

ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION TO FILE OVERSIZED BRIEF 29 by Judge Fernando L. Aenlle-Rocha: Plaintiffs are permitted to file an oversized memorandum of points and authorities in support of their Opposition to the State Defendants Motion to Dismiss. The court accepts Plaintiffs' concurrently filed Opposition at Dkt. 28. (lc) (Entered: 08/23/2023)

STIPULATION to Reset Hearing on County Defendants Motion to Dismiss filed by Plaintiffs Communities Actively Living Independent and Free, Institute for Patients Rights, Not Dead Yet, Ingrid Tischer, United Spinal Association, Lonnie Vanhook. (Attachments: # 1 Proposed Order)(Swearingen, Richard) (Entered: 08/30/2023)

ORDER GRANTING STIPULATION TO CONSOLIDATE HEARINGS ON PENDING MOTIONS TO DISMISS 32 by Judge Fernando L. Aenlle-Rocha: The hearings on theState Defendants' Motion to Dismiss 20 and the County Defendants' Motionto Dismiss 24 are consolidated and scheduled for hearing on September 22,2023, at 1:30 p.m. (lc) (Entered: 08/31/2023)

EX PARTE APPLICATION to Exceed Page Limitation (reasonably exceed Court's 4,200 word limit) filed by State Defendants Tomas J. Aragon, Michelle Baass, Robert Bonta, California Department of Health Care Services, California Department of Public Health, Kristina D. Lawson, Mara Madrigal Weiss, Medical Board of California, Mental Health Services Oversight and Accountability Commission, Gavin Newsom, State of California. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Kevin L. Quade, # 3 Proposed Order, # 4 Certificate of Service) (Quade, Kevin) (Entered: 09/05/2023)

REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case 20 filed by Defendants Tomas J. Aragon, Michelle Baass, Robert Bonta, California Department of Health Care Services, California Department of Public Health, Kristina D. Lawson, Mara Madrigal Weiss, Medical Board of California, Mental Health Services Oversight and Accountability Commission, Gavin Newsom, State of California. (Quade, Kevin) (Entered: 09/08/2023)

REPLY Reply in support of Motion First NOTICE OF MOTION AND MOTION to Dismiss Complaint 24 filed by Defendants District Attorneys Office for Los Angeles County, George Gascon. (Yap, Robert) (Entered: 09/08/2023)

ORDER GRANTING STATE DEFENDANTS' UNOPPOSED EX PARTE APPLICATION TO FILE AN OVERSIZED REPLY LIMITED TO NO MORE THAN 500 WORDS OVER THE LIMIT 34 by Judge Fernando L. Aenlle-Rocha. (lc) (Entered: 09/11/2023)

(STRICKEN PER 9/24/23 COURT'S G112B RESPONSE DOCKET NO. 50). APPLICATION of Non-Resident Attorney Kevin E. Diaz to Appear Pro Hac Vice on behalf of Intervenor Parties Compassion & Choices Action Network, Lambert Bassler, Judith Coburn, Peter Sussman, Chandana Banerjee, M.D., Catherine Sonquist Forest, M.D. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36062355) filed by Intervenors Compassion & Choices Action Network, Lambert Bassler, Judith Coburn, Peter Sussman, Chandana Banerjee, M.D., Catherine Sonquist Forest, M.D.. (Attachments: # 1 Proposed Order) (Attorney John C. Kappos added to party Compassion & Choices Action Network (pty:intv), Attorney John C. Kappos added to party Lambert Bassler(pty:intv), Attorney John C. Kappos added to party Judith Coburn(pty:intv), Attorney John C. Kappos added to party Peter Sussman(pty:intv), Attorney John C. Kappos added to party Chandana Banerjee, M.D.(pty:intv), Attorney John C. Kappos added to party Catherine Sonquist Forest, M.D.(pty:intv)) (Kappos, John) Modified on 9/26/2023 (lc). (Entered: 09/18/2023)

(STRICKEN PER 9/25/2023 COURT G112B RESPONSE DOCKET NO. 47) APPLICATION of Non-Resident Attorney Jessica J. Pezley to Appear Pro Hac Vice on behalf of Intervenor Parties Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36062470) filed by Intervenors Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman. (Attachments: # 1 Proposed Order) (Kappos, John) Modified on 9/25/2023 (lc). (Entered: 09/18/2023)

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Kevin E. Diaz to Appear Pro Hac Vice on behalf of Intervenor Parties Compassion & Choices Action Network, Lambert Bassler, Judith Coburn, Peter Sussman, Chandana Banerjee, M.D., Catherine Sonquist Forest, M.D. (Pro 38 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (ak) (Entered: 09/19/2023)

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jessica J. Pezley to Appear Pro Hac Vice on behalf of Intervenor Parties Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman 39 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (ak) (Entered: 09/19/2023)

Corrected APPLICATION of Non-Resident Attorney Kevin E. Diaz to Appear Pro Hac Vice on behalf of Intervenor Parties Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman (Pro Hac Vice Fee - $500.00 Previously Paid on 9/18/2023, Receipt No. ACACDC-36062355) filed by Intervenor Parties Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman. (Attachments: # 1 Proposed Order) (Kappos, John) (Entered: 09/19/2023)

Corrected APPLICATION of Non-Resident Attorney Jessica J. Pezley to Appear Pro Hac Vice on behalf of Intervenor Parties Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman (Pro Hac Vice Fee - $500.00 Previously Paid on 9/18/2023, Receipt No. ACACDC-36062470) filed by Intervenor Parties Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman. (Attachments: # 1 Proposed Order) (Kappos, John) (Entered: 09/19/2023)

(IN CHAMBERS) ORDER TAKING MOTION OF DEFENDANT CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, ET AL TO DISMISS (DKT. 20 ), AND MOTION OF DEFENDANTS DISTRICT ATTORNEY OFFICE FOR LOS ANGELES COUNTY, GEORGE GASCON TO DISMISS (DKT. 24 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion(s) to Dismiss currently scheduled for hearing on September 22, 2023, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, these motions are taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY (Entered: 09/20/2023)

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NOTICE OF MOTION AND MOTION to Intervene filed by Intervenors Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman. Motion set for hearing on 10/20/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: # 1 Exhibit A Declaration of Lambert Bassler, # 2 Exhibit B Declaration of Judith Coburn, # 3 Exhibit C Declaration of Peter Sussman, # 4 Exhibit D Declaration of Chandana Banerjee, # 5 Exhibit E Declaration of Catherine Sonquist Forest, # 6 Proposed Order Granting Motion to Intervene, # 7 Intervenors Request for Judicial Notice in Support of their Motion to Intervene, # 8 Exhibit 1, # 9 Exhibit 2, # 10 Exhibit 3, # 11 Exhibit 4, # 12 Declaration of John Kappos in Support of Intervenors Request for Judicial Notice in Support of their Motion to Intervene, # 13 Intervenors' (Proposed) Notice of Motion and Motion to Dismiss, # 14 Proposed Order Granting [Proposed] Motion to Dismiss) (Kappos, John) (Entered: 09/21/2023)

CORPORATE DISCLOSURE STATEMENT and Local Civ. R. 7.1-1 Notice of Interested Parties filed by Intervenor Parties Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman (Kappos, John) (Entered: 09/21/2023)

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: APPLICATION of Non-Resident Attorney Jessica J. Pezley to Appear Pro Hac Vice on behalf of Intervenor Parties Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman 39 by Judge Fernando L. Aenlle-Rocha. The document is stricken. (lc) (Entered: 09/25/2023)

ORDER GRANTING APPLICATION of Non-Resident Attorney Kevin E. Diaz to Appear Pro Hac Vice on behalf of Intervenor Parties Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman and designating John C. Kappos as local counsel 42 by Judge Fernando L. Aenlle-Rocha. (lc) (Entered: 09/25/2023)

ORDER GRANTING APPLICATION of Non-Resident Attorney Jessica J. Pezley to Appear Pro Hac Vice on behalf of Intervenor Parties Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman and designating John C. Kappos as local counsel 43 by Judge Fernando L. Aenlle-Rocha. (lc) (Entered: 09/25/2023)

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: APPLICATION of Non-Resident Attorney Kevin E. Diaz to Appear Pro Hac Vice on behalf of Intervenor Parties Compassion & Choices Action Network, Lambert Bassler, Judith Coburn, Peter Sussman, Chandana Banerjee, M.D., Catherine Sonquist Forest, M.D. (Pro 38 by Judge Fernando L. Aenlle-Rocha. The document is stricken. (lc) (Entered: 09/26/2023)

JOINT STIPULATION TO CONTINUE HEARING ON MOTION TO INTERVENE re NOTICE OF MOTION AND MOTION to Intervene 45 filed by Plaintiffs Communities Actively Living Independent and Free, Institute for Patients Rights, Not Dead Yet, Ingrid Tischer, United Spinal Association, Lonnie Vanhook. (Attachments: # 1 Proposed Order)(Swearingen, Richard) (Entered: 09/26/2023)

ORDER GRANTING JOINT STIPULATION TO CONTINUE HEARING ON MOTION TO INTERVENE 51 by Judge Fernando L. Aenlle-Rocha: The Court, having considered the Stipulation submitted by Plaintiffs Defendants, and Intervenors, and finding good cause therefore, hereby GRANTS the stipulation and ORDERS that the hearing on the Motion 45 shall be continued until November 17, 2023, at 1:30 p.m. in this Courtroom. Plaintiffs Opposition to Intervenors' Motion will be due October 13, 2023, and Intervenors' Reply in support of the Motion will be due October 27, 2023. (lc) (Entered: 09/27/2023)

NOTICE of Appearance filed by attorney Jeffrey Louis Fisher on behalf of Intervenor Parties Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman (Attorney Jeffrey Louis Fisher added to party Chandana Banerjee, M.D.(pty:intv), Attorney Jeffrey Louis Fisher added to party Lambert Bassler(pty:intv), Attorney Jeffrey Louis Fisher added to party Judith Coburn(pty:intv), Attorney Jeffrey Louis Fisher added to party Compassion & Choices Action Network (pty:intv), Attorney Jeffrey Louis Fisher added to party Catherine Sonquist Forest, M.D.(pty:intv), Attorney Jeffrey Louis Fisher added to party Peter Sussman(pty:intv))(Fisher, Jeffrey) (Entered: 09/29/2023)

Joint STIPULATION to Continue Hearing on Motion to Intervene from November 17, 2023 to December 1, 2023 Re: Order,,, Set/Reset Motion Hearing and R&R Deadlines,, 52, NOTICE OF MOTION AND MOTION to Intervene 45 filed by Intervenors Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman. (Attachments: # 1 Proposed Order)(Kappos, John) (Entered: 09/29/2023)

ORDER GRANTING CONTINUANCE OF HEARING ON MOTION TO INTERVENE 54 by Judge Fernando L. Aenlle-Rocha: The hearing on the Motion 45 shall be continueduntil December 1, 2023, at 1:30 p.m. in this Courtroom. Plaintiffs' Opposition to Intervenors' Motion remains due on October 13, 2023, and Intervenors' Reply in support of the Motion remains due October 27, 2023. (lc) (Entered: 10/03/2023)

OPPOSITION to NOTICE OF MOTION AND MOTION to Intervene 45 filed by Plaintiffs Communities Actively Living Independent and Free, Institute for Patients Rights, Not Dead Yet, Ingrid Tischer, United Spinal Association, Lonnie Vanhook. (Attachments: # 1 Declaration of Van Swearingen)(Swearingen, Richard) (Entered: 10/13/2023)

REQUEST FOR JUDICIAL NOTICE filed by Plaintiffs Communities Actively Living Independent and Free, Institute for Patients Rights, Not Dead Yet, Ingrid Tischer, United Spinal Association, Lonnie Vanhook. (Attachments: # 1 Declaration of Van Swearingen, # 2 Proposed Order)(Swearingen, Richard) (Entered: 10/13/2023)

REPLY in Support of NOTICE OF MOTION AND MOTION to Intervene 45 filed by Intervenor Parties Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman. (Kappos, John) (Entered: 10/27/2023)

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Intervene 45 filed by Intervenor Parties Chandana Banerjee, M.D., Lambert Bassler, Judith Coburn, Compassion & Choices Action Network, Catherine Sonquist Forest, M.D., Peter Sussman. (Attachments: # 1 Declaration of John Kappos in Support of Intervenor's Request for Judicial Notice RE: Motion to Intervene, # 2 Exhibit 5, # 3 Exhibit 6)(Kappos, John) (Entered: 10/27/2023)

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Order on Motion for Reconsideration

Amended Appeal to 9th Circuit Court of Appeals

USCA Memorandum/Opinion/Order

USCA Memorandum/Opinion/Order