Case: Doe v. Wilson

3:97-cv-02427 | U.S. District Court for the Northern District of California

Filed Date: June 27, 1997

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On June 27, 1997, eight pregnant women filed a suit in the U.S. District Court for the Northern District of California on behalf of approximately 70,000 indigent, immigrant women residing in California. Plaintiffs challenged a provision of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("Welfare Reform Act"). The Act made undocumented immigrants ineligible for state funded public benefits, except for emergency care, certain immunizations, and treatment of communic…

On June 27, 1997, eight pregnant women filed a suit in the U.S. District Court for the Northern District of California on behalf of approximately 70,000 indigent, immigrant women residing in California. Plaintiffs challenged a provision of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("Welfare Reform Act"). The Act made undocumented immigrants ineligible for state funded public benefits, except for emergency care, certain immunizations, and treatment of communicable diseases. Section 411(d) of the Act gave states the right to override the Act by enacting state legislation stating a clear intent to do so. Plaintiffs challenged Section 411(d) of the Act under the premise that California, which already had a separate law that provided health care to undocumented aliens, would be forced to restore any benefits preempted by the Act. Plaintiffs claimed that this interfered with the state's right to adjudicate its own legislative process.

The defendants moved to dismiss the suit for lack of standing. The District Court (Judge Susan Illston) granted the motion and dismissed the case. Doe v. Wilson, 1997 WL 811778 (N.D Cal. 1997). Plaintiffs appealed.

For reasons that are not apparent from the docket, the appeal was voluntarily dismissed by a stipulation of the parties in August, 1999. This is likely related to mediation of several consolidated challenges to California's Proposition 187, which would have denied undocumented immigrants a wide range of state-funded benefits. In 1999, the parties reached an agreement to maintain an injunction against enforcement of those restrictions.

Summary Authors

Elizabeth Daligga (7/2/2012)

People


Judge(s)

Illston, Susan Yvonne (California)

Attorneys(s) for Plaintiff

Affeldt, John T. (California)

Andrade, Vibiana (California)

Argueta, Sylvia (California)

Fajardo, Richard P. (California)

Fleisher, Steven M (California)

Joaquin, Linton (California)

Saenz, Thomas A. (California)

Savage, Mark Randall (California)

Vera, Yolanda (California)

Judge(s)

Illston, Susan Yvonne (California)

Attorneys(s) for Plaintiff

Affeldt, John T. (California)

Andrade, Vibiana (California)

Argueta, Sylvia (California)

Fajardo, Richard P. (California)

Fleisher, Steven M (California)

Joaquin, Linton (California)

Saenz, Thomas A. (California)

Savage, Mark Randall (California)

Vera, Yolanda (California)

Attorneys(s) for Defendant

Anderson, David J (District of Columbia)

Cole, Donald P. (California)

Holland, Charlton G. III (California)

Hunger, Frank W. (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Lockyer, Bill (California)

Robbins, Peter (District of Columbia)

Sugiyama, John Hideki (California)

Expert/Monitor/Master

Mueller, Robert S. III (California)

Documents in the Clearinghouse

Document

3:97-cv-02427

Docket

Sept. 2, 1999

Sept. 2, 1999

Docket
51

3:97-cv-02427

Opinion

1997 WL 811788

Dec. 16, 1997

Dec. 16, 1997

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT no Summons(es) issued; Fee status pd entered on 6/27/97 in the amount of $ 150.00 ( Receipt No. 42990) [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 06/30/1997)

June 27, 1997

June 27, 1997

2

ORDER RE COURT PROCEDURE and SCHEDULE by Mag. Judge Phyllis J. Hamilton : counsels' case management statement to be filed by 10/20/97 ; initial case management conference will be held 10/28/97 . (cc: all counsel) (cgd, COURT STAFF) (Entered: 06/30/1997)

June 27, 1997

June 27, 1997

3

STIPULATION and ORDER by Judge Charles A. Legge : for allowing plaintiffs' declarations in this action under seal It is further agreed that plaintiffs' identities will not be revealed to third parties. (cc: all counsel) [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 06/30/1997)

June 27, 1997

June 27, 1997

SUMMONS issued as to defendant [3:97-cv-02427] (gba, COURT STAFF) (Entered: 07/10/1997)

July 2, 1997

July 2, 1997

5

FIRST AMENDED COMPLAINT [1-1] by Plaintiff [3:97-cv-02427] (gba, COURT STAFF) (Entered: 07/15/1997)

July 15, 1997

July 15, 1997

6

STIPULATION and ORDER by Mag. Judge Phyllis J. Hamilton : that plaintiffs are allowed to proceed in this action under fictitious name and may file their declarations in this action under seal. (cc: all counsel) [3:97-cv-02427] (gba, COURT STAFF) (Entered: 07/22/1997)

July 18, 1997

July 18, 1997

7

RETURN OF SERVICE unexecuted - attempted as to defendant Pete Wilson, defendant Kimberly Belshe, defendant CA Dept Health Svcs, defendant USA [3:97-cv-02427] (gba, COURT STAFF) (Entered: 07/28/1997)

July 28, 1997

July 28, 1997

AMENDED SUMMONS issued as to defendant [3:97-cv-02427] (gba, COURT STAFF) (Entered: 07/28/1997)

July 28, 1997

July 28, 1997

8

RETURN OF SERVICE executed upon defendant Pete Wilson, defendant Kimberly Belshe, defendant CA Dept Health Svcs, defendant USA on 7/30/97 of summons and complaint by certified and first class mail [3:97-cv-02427] (gba, COURT STAFF) (Entered: 08/08/1997)

Aug. 8, 1997

Aug. 8, 1997

9

CLERK'S NOTICE of ADR phone conference set for 10/9/97 at 12pm [3:97-cv-02427] (bt, COURT STAFF) (Entered: 09/19/1997)

Sept. 19, 1997

Sept. 19, 1997

10

REQUEST by defendant Pete Wilson, defendant Kimberly Belshe, defendant CA Dept Health Svcs for reassignment to a United States District Judge for trial and disposition [3:97-cv-02427] (gba, COURT STAFF) (Entered: 09/25/1997)

Sept. 19, 1997

Sept. 19, 1997

11

EX-PARTE APPLICATION before Mag. Judge Phyllis J. Hamilton by defendant USA for leave to file exceed page limits [3:97-cv-02427] (gba, COURT STAFF) (Entered: 09/25/1997)

Sept. 22, 1997

Sept. 22, 1997

12

NOTICE by defendant USA of appearance and certification of service [3:97-cv-02427] (gba, COURT STAFF) (Entered: 09/25/1997)

Sept. 22, 1997

Sept. 22, 1997

13

CLERK'S NOTICE of impending reassignment to a United States District Judge [3:97-cv-02427] (gba, COURT STAFF) (Entered: 10/03/1997)

Sept. 25, 1997

Sept. 25, 1997

14

ORDER by Magistrate Judge James Larson granting motion for leave to file exceed page limits [11-1] (cc: all counsel) [3:97-cv-02427] (gba, COURT STAFF) (Entered: 10/03/1997)

Sept. 26, 1997

Sept. 26, 1997

15

NOTICE by defendant USA of appearance and certificate of service [3:97-cv-02427] (gba, COURT STAFF) (Entered: 10/03/1997)

Sept. 30, 1997

Sept. 30, 1997

16

ORDER by Assignment Committee Case reassigned to Judge Susan Illston (Date Entered: 10/3/97) (cc: all counsel) [3:97-cv-02427] (gba, COURT STAFF) (Entered: 10/03/1997)

Oct. 3, 1997

Oct. 3, 1997

17

MOTION with memorandum in support before Judge Susan Illston by defendant Pete Wilson, defendant Kimberly Belshe, defendant CA Dept Health Svcs to dismiss with Notice set for 11/14/97 at 9:00 a.m. [3:97-cv-02427] (cs, COURT STAFF) (Entered: 10/20/1997)

Oct. 10, 1997

Oct. 10, 1997

18

NOTICE by defendants of filing summary of argument and evidence RE state defendants' memorandum of points and authorities in support of motion to dismiss. [3:97-cv-02427] (cs, COURT STAFF) (Entered: 10/20/1997)

Oct. 10, 1997

Oct. 10, 1997

19

NOTICE by defendants of filing Index to exhibits in support of state defendants' motion to dismiss. [3:97-cv-02427] (cs, COURT STAFF) (Entered: 10/20/1997)

Oct. 10, 1997

Oct. 10, 1997

RECEIVED Proposed Order ( defendant) re: motion to dismiss [17-1] [3:97-cv-02427] (cs, COURT STAFF) (Entered: 10/20/1997)

Oct. 10, 1997

Oct. 10, 1997

20

MOTION with memorandum in support before Judge Susan Illston by defendant USA to dismiss with Notice set for 11/14/97 at 9:00 a.m. [3:97-cv-02427] (cs, COURT STAFF) (Entered: 10/20/1997)

Oct. 10, 1997

Oct. 10, 1997

21

NOTICE by defendant USA of filing summary of argument and evidence RE defendant USA's motion to dismiss and memorandum in support. [3:97-cv-02427] (cs, COURT STAFF) (Entered: 10/20/1997)

Oct. 10, 1997

Oct. 10, 1997

22

APPENDIX filed by defendant USA re motion to dismiss [20-1] [3:97-cv-02427] (cs, COURT STAFF) (Entered: 10/20/1997)

Oct. 10, 1997

Oct. 10, 1997

RECEIVED Proposed Order ( defendant USA ) re: motion to dismiss [20-1] [3:97-cv-02427] (cs, COURT STAFF) (Entered: 10/20/1997)

Oct. 10, 1997

Oct. 10, 1997

23

INITIAL DISCLOSURE STATEMENT by Plaintiff CA Medical Assoc [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 10/28/1997)

Oct. 22, 1997

Oct. 22, 1997

24

MOTION before Judge Susan Illston by defendant USA to dismiss defendant USA from this action with Notice set for Dec. 5, 1997 at 9:00a.m. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 10/28/1997)

Oct. 23, 1997

Oct. 23, 1997

25

MOTION before Judge Susan Illston by defendant Pete Wilson, defendant Kimberly Belshe, defendant CA Dept Health Svcs to dismiss with Notice set for Dec. 5, 1997 at 9:00a.m. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 10/28/1997)

Oct. 23, 1997

Oct. 23, 1997

26

CLERK'S NOTICE Initial Case Management Conference continued to 2:00 2/20/98 [3:97-cv-02427] (mcl, COURT STAFF) (Entered: 11/06/1997)

Oct. 29, 1997

Oct. 29, 1997

27

PROOF OF SERVICE by Plaintiff Clementina Doe, Plaintiff Guadalupe Doe, Plaintiff Sukey Doe, Plaintiff Hilda Doe of Scheduling order Initial Case Management Conference continued to 2:00 2/20/98 [26-1], clerk notice [26-2] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 11/14/1997)

Nov. 7, 1997

Nov. 7, 1997

RECEIVED Proposed Order ( Plaintiff CA Medical Assoc ) re page extension. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 11/19/1997)

Nov. 13, 1997

Nov. 13, 1997

29

SUMMARY of Argument by Plaintiff Clementina Doe, Plaintiff Guadalupe Doe, Plaintiff Sukey Doe, Plaintiff Hilda Doe in support of opposition memorandum [28-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 11/20/1997)

Nov. 14, 1997

Nov. 14, 1997

RECEIVED Proposed Order ( Plaintiff Clementina Doe, Plaintiff Guadalupe Doe, Plaintiff Sukey Doe, Plaintiff Hilda Doe ) re: opposition memorandum [28-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 11/20/1997)

Nov. 14, 1997

Nov. 14, 1997

30

DECLARATION on behalf of Plaintiffs re opposition memorandum [28-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 11/20/1997)

Nov. 14, 1997

Nov. 14, 1997

31

COUNTER MOTION before Judge Susan Illston by Plaintiff Clementina Doe, Plaintiff Guadalupe Doe, Plaintiff Sukey Doe, Plaintiff Hilda Doe to certify class action and declarations. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 11/20/1997)

Nov. 14, 1997

Nov. 14, 1997

RECEIVED Proposed Order ( Plaintiff Clementina Doe, Plaintiff Guadalupe Doe, Plaintiff Sukey Doe, Plaintiff Hilda Doe ) re: motion to certify class action and declarations. [31-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 11/20/1997)

Nov. 14, 1997

Nov. 14, 1997

28

MEMORANDUM by Plaintiff Clementina Doe, Plaintiff Guadalupe Doe, Plaintiff Sukey Doe, Plaintiff Hilda Doe in opposition to motion to dismiss [25-1], motion to dismiss [17-1] or in the alternative for preliminary injunction. [3:97-cv-02427] (cgd, COURT STAFF) Modified on 11/21/1997 (Entered: 11/20/1997)

Nov. 18, 1997

Nov. 18, 1997

32

ORDER by Judge Susan Illston granting a 15 page extension of plaintiffs; opposition to motion to dismiss [0-0] ( Date Entered: 11/21/97) (cc: all counsel) [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 11/21/1997)

Nov. 18, 1997

Nov. 18, 1997

33

MEMORANDUM OF POINTS AND AUTHORITIES by defendants in opposition to motion to certify class action and declarations. [31-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 11/24/1997)

Nov. 20, 1997

Nov. 20, 1997

34

SUMMARY of Argument by defendants in support of opposition memorandum [33-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 11/24/1997)

Nov. 20, 1997

Nov. 20, 1997

35

OBJECTIONS by defendant Pete Wilson, defendant Kimberly Belshe, defendant CA Dept Health Svcs to declaration [30-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 11/24/1997)

Nov. 20, 1997

Nov. 20, 1997

36

MEMORANDUM OF POINTS AND AUTHORITIES by defendant Pete Wilson, defendant Kimberly Belshe, defendant CA Dept Health Svcs in opposition to plaintiffs' opposition memorandum [28-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 11/24/1997)

Nov. 20, 1997

Nov. 20, 1997

37

SUMMARY of Argument by defendant Pete Wilson, defendant Kimberly Belshe, defendant CA Dept Health Svcs in support of opposition memorandum [36-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 11/24/1997)

Nov. 20, 1997

Nov. 20, 1997

38

DECLARATION by Glenda A. Arellano on behalf of defendant Pete Wilson, defendant Kimberly Belshe, defendant CA Dept Health Svcs re opposition memorandum [36-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 11/24/1997)

Nov. 20, 1997

Nov. 20, 1997

RECEIVED Proposed Order ( defendant Pete Wilson, defendant Kimberly Belshe, defendant CA Dept Health Svcs ) re: opposition memorandum [36-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 11/24/1997)

Nov. 20, 1997

Nov. 20, 1997

39

REPLY by defendants to its motions to dismiss [25-1], dismiss defendant USA from this action [24-1], [20-1], and [17-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 12/01/1997)

Nov. 21, 1997

Nov. 21, 1997

39

OPPOSITION by defendants to plaintiff's motion to certify class action and declarations. [31-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 12/01/1997)

Nov. 21, 1997

Nov. 21, 1997

40

SUMMARY of Argument by defendants in support of opposition [39-1], in support of motion response [39-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 12/01/1997)

Nov. 21, 1997

Nov. 21, 1997

RECEIVED Proposed Order ( defendant) re: opposition [39-1], re: motion response [39-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 12/01/1997)

Nov. 21, 1997

Nov. 21, 1997

41

OPPOSITION by defendants to plaintiffs' opposition memorandum [28-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 12/01/1997)

Nov. 21, 1997

Nov. 21, 1997

42

MEMORANDUM by Plaintiff CA Medical Assoc in opposition to defendants' motion to dismiss [25-1] and in support of motion for summary judgment. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 12/02/1997)

Nov. 25, 1997

Nov. 25, 1997

43

REPLY by defendant USA in support of its motion to dismiss defendant USA from this action [24-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 12/03/1997)

Nov. 26, 1997

Nov. 26, 1997

43

OPPOSITION by defendant USA to motion to certify class action and declarations. [31-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 12/03/1997)

Nov. 26, 1997

Nov. 26, 1997

44

SUMMARY of Argument by defendant USA in support of opposition [43-1], in support of reply [43-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 12/03/1997)

Nov. 26, 1997

Nov. 26, 1997

RECEIVED Proposed Order (USA ) denying plaintiff's motion for summary judgment. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 12/03/1997)

Nov. 26, 1997

Nov. 26, 1997

45

OPPOSITION by defendant USA to plaintiff's motion for a preliminary injunction. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 12/03/1997)

Nov. 26, 1997

Nov. 26, 1997

46

REPLY by defendant USA re CA Medical Assoc. opposition memorandum [42-1] [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 12/08/1997)

Dec. 2, 1997

Dec. 2, 1997

47

LETTER dated 12/4/97 from Peter Robbins re informing the court and the parties that at the oral argument scheduled for 12/5/97, defendant USA may rely upon the attached decision of the Court of Appeals. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 12/10/1997)

Dec. 4, 1997

Dec. 4, 1997

48

LETTER dated 12/4/97 from John T. Affeldt, attorney for the plaintiffs re his respond to the letter from the defendant US. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 12/11/1997)

Dec. 8, 1997

Dec. 8, 1997

49

LETTER dated 12/4/97 from Peter Robbins, Trial Attorney, Federal Programs Branch, Civil Division re informing the court and the parties that at the oral argument scheduled 12/5/97. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 12/11/1997)

Dec. 8, 1997

Dec. 8, 1997

51

ORDER by Judge Susan Illston granting defendants' motion to dismiss [25-1] dismissing case for failure to establish standing ; appeal filing ddl 2/5/98 ( Date Entered: 1/6/98) (cc: all counsel) [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 01/06/1998)

Dec. 16, 1997

Dec. 16, 1997

52

REPORTER'S TRANSCRIPT; Date of proceedings: December 5, 1997 ( C/R: Jo Ann Bryce) [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 01/09/1998)

Jan. 6, 1998

Jan. 6, 1998

53

NOTICE OF APPEAL by Plaintiff from Dist. Court decision Scheduling order dismissing case for failure to establish standing ; appeal filing ddl 2/5/98 [51-1] Fee status $105 paid, docketing statement enclosed. [3:97-cv-02427] (db, COURT STAFF) (Entered: 02/06/1998)

Feb. 4, 1998

Feb. 4, 1998

Copy of notice of appeal and docket sheet to all counsel [3:97-cv-02427] (db, COURT STAFF) (Entered: 02/06/1998)

Feb. 6, 1998

Feb. 6, 1998

54

REQUEST by Thomas A. Saenz for Plaintiffs for copy of transcript already ordered and completed of 12/5/97 hearing. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 02/24/1998)

Feb. 20, 1998

Feb. 20, 1998

CERTIFICATE of Record mailed to USCA, counsel notified. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 02/27/1998)

Feb. 27, 1998

Feb. 27, 1998

55

COPY of USCA Order: Appellant's motion for leave to file a substitute brief is granted. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 07/09/1998)

June 29, 1998

June 29, 1998

56

NOTICE by Plaintiff CA Primary CareAssoc of association of attorney Linton Joaqui. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 02/12/1999)

Feb. 11, 1999

Feb. 11, 1999

57

NOTICE by Plaintiff of association of attorney Linton Joaquin, Vibiana Andrade [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 03/10/1999)

March 8, 1999

March 8, 1999

58

CERTIFIED COPY of USCA Order: dismissing the appeal [53-1]. Pursuant to the stipulation of the parties, this appeal is voluntarily DISMISSED. Costs shall be allocated pursuant to the parties' stipulation. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 09/02/1999)

Aug. 30, 1999

Aug. 30, 1999

59

CLERK's letter spreading the mandate to counsel. re appeal [53-1] ; VOLUNTARY DISMISSAL. [3:97-cv-02427] (cgd, COURT STAFF) (Entered: 09/02/1999)

Sept. 2, 1999

Sept. 2, 1999

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 27, 1997

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Eight pregnant women file complaint on behalf of 70,000 indigent, immigrant women residing in California to become eligible for prenatal care services.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MALDEF

National Immigration Law Center

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Governor Pete Wilson (San Francisco), State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Constitutional rights

Undocumented immigrants - state and local regulation