Case: California Pharmacists Association v. Maxwell-Jolly

2:09-cv-08200 | U.S. District Court for the Central District of California

Filed Date: Nov. 11, 2009

Closed Date: July 5, 2016

Clearinghouse coding complete

Case Summary

The California Pharmacists Association and several pharmacies filed this suit against David Maxwell-Jolly, then-Director of the California Department of Health Care Services. The suit was filed on November 11, 2009 in the United States District Court for the Central District of California. Plaintiffs brought the action under the Supremacy Clause of the U.S. Constitution, arguing that two provisions of a bill passed by the California Assembly on July 28, 2009 were contrary to and preempted by fe…

The California Pharmacists Association and several pharmacies filed this suit against David Maxwell-Jolly, then-Director of the California Department of Health Care Services. The suit was filed on November 11, 2009 in the United States District Court for the Central District of California. Plaintiffs brought the action under the Supremacy Clause of the U.S. Constitution, arguing that two provisions of a bill passed by the California Assembly on July 28, 2009 were contrary to and preempted by federal Medicaid law. Assembly Bill ("AB") X4 5, sections 38 and 39 would reduce the reimbursement rate paid to pharmacies for drugs provided to Medicaid recipients. This legislation was passed without prior approval from the United States Department of Health and Human Services' Centers for Medicare & Medicaid Services ("CMS"), which the plaintiffs argued was contrary to federal law. The California Legislature had also failed to study the potential effects of the rate reductions on the level of access to and quality of care available to Medi-Cal recipients, contrary to the requirements of § 1902(a)(30)(A) of the Social Security Act.

A related case between the same two parties was also filed and which eventually reached the Supreme Court (California Pharmacists Association v. Maxwell Jolly).

The plaintiffs also contested an additional 4% drop in the reimbursement rate, which was the result of changes to the Average Wholesale Prices (AWPs) for several thousand pharmaceuticals, as determined by data from First DataBank, Inc. California based its formula for calculating prescription drug reimbursement rates on these AWPs. A lawsuit filed against First DataBank alleging that the company set AWPs at artificially high levels resulted in a consent decree wherein the company agreed to reduce the AWPs for more than 2000 drugs by five percent. New England Carpenters Health Benefits Fund et al v. First Databank, Inc., 582 F.3d 30 (1st. Cir. 2009). First DataBank had voluntarily reduced its AWP for many thousand more drugs. The plaintiffs argued that California accepted the reduced reimbursement rates that resulted from the lowering of the AWPs without first considering the affects this would have on the "efficiency, economy, and quality of care," provided to Medicaid recipients as required by § 30(A).

Plaintiffs sought restraining orders and preliminary and permanent injunctions preventing the contested provisions of AB X4 5 from being implemented and preventing the State from using the reduced AWPs as the basis for its reimbursement rates. They also sought declaratory judgments holding the contested rate reductions to be unlawful.

On December 28, 2009 the Court declined to grant a temporary restraining order preventing the implementation of the rate reductions. The plaintiffs appealed the decision to the Ninth Circuit Court of Appeals, and then voluntarily dismissed the appeal when that Court found that it probably lacked jurisdiction to consider the appeal while the plaintiffs' motion for a preliminary injunction was still pending in the lower court.

On May 5, 2010, the Court granted in part and denied in part the plaintiffs' motion for a preliminary injunction, granting preliminary injunctions against the implementation of the contested effects of AB X4 5. Both parties filed appeals to the Ninth Circuit Court of Appeals. The appeals were stayed pending the petitions for certiorari review by the Supreme Court of several related cases involving the question of whether the Supremacy Clause could serve as a basis for a private suit to enforce the Medicaid Act against a state. This stay was continued after review was granted in these cases and while they remained pending before the Supreme Court. See, e.g., Douglas v. Independent Living Center of Southern California, and the other California Pharmacists Association v. Maxwell-Jolly case, mentioned above.

The District Court proceedings were also stayed pending the outcome of these Supreme Court cases. CMS approved most of the California Medicaid plan amendments while the Supreme Court cases were still awaiting adjudication. In light of this, on February 22, 2012, the Supreme Court declined to issue a ruling on the Supremacy Clause question. Instead, the Supreme Court vacated the Ninth Circuit Court's decision in the cases before it and remanded those cases to the Ninth Circuit for reconsideration. Douglas v. Independent Living Center of Southern California, 132 S. Ct. 1204 (U.S. 2012).

On July 1, 2016, the defendant (now represented by the next director of the California Department of Health and Human Services) filed a joint motion to dismiss the case with prejudice. The court granted the request on July 5, 2016, with prejudice, ordering that each side bear its own costs and attorneys' fees. The case is now closed.

Summary Authors

Alex Colbert-Taylor (7/26/2013)

Rachel Carpman (12/7/2018)

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Independent Living Center v. Maxwell-Jolly, Central District of California (2009)

California Pharmacists Association v. Maxwell-Jolly, Central District of California (2009)

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People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5775189/parties/california-pharmacists-association-v-jennifer-kent/


Judge(s)
Attorney for Plaintiff

Carman, Lynn S. (California)

Attorney for Defendant

Antonen, Charles (California)

Carson, Susan (California)

Cribbs, Gregory Martin (California)

Dhadwal, S. Andrew (California)

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Documents in the Clearinghouse

Document

2:09-cv-08200

Docket

July 5, 2016

July 5, 2016

Docket
1

2:09-cv-08200

Complaint for Injunctive and Declaratory Relief

CA Pharmacists Association v. Maxwell-Jolly

Nov. 9, 2009

Nov. 9, 2009

Complaint
6

2:09-cv-08200

First Amended Complaint

CA Pharmacists Association v. Maxwell-Jolly

Dec. 5, 2009

Dec. 5, 2009

Complaint
67

2:09-cv-08200

Order Granting in Part and Denying in Part Plaintiffs' motion for Preliminary Injunction

CA Pharmacists Association v. Maxwell-Jolly

May 5, 2010

May 5, 2010

Order/Opinion
89

2:09-cv-08200

(In Chambers:) Order Denying Motion to Alter, Amend, Modify, and Reconsider

California Pharmacists Assoc. v. Maxwell-Jolly

July 6, 2010

July 6, 2010

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5775189/california-pharmacists-association-v-jennifer-kent/

Last updated Feb. 9, 2024, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendant David Maxwell-Jolly.(Filing fee $ 350 PAID), filed by plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen.(car) (Additional attachment(s) added on 11/12/2009: # 1 Notice of Assignment, # 2 Summons, # 3 Civil Cover Sheet) (ds). (Entered: 11/10/2009)

Nov. 9, 2009

Nov. 9, 2009

2

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen (car) (ds). (Entered: 11/10/2009)

Nov. 9, 2009

Nov. 9, 2009

3

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(car) (Entered: 11/10/2009)

Nov. 9, 2009

Nov. 9, 2009

4

NOTICE TO COUNSEL by Judge Christina A. Snyder: This case has been assigned to the calendar of Judge Christina A. Snyder. This Notice to Counsel shall be to all parties appearing in propria persona, and for purposes of this notice, the term counsel shall include any person appearing in pro per. See document for further details. (jre) (Entered: 11/18/2009)

Nov. 17, 2009

Nov. 17, 2009

5

ORDER RE TRANSFER PURSUANT TO Local Rule 83-1.3.1 and General Order 08.05 -Related Case- filed. Related Case No: CV08-03315 CAS (MANx). Case referred from Magistrate Judge Ralph Zarefsky to Magistrate Judge Margaret A. Nagle for Discovery. The case number will now read as follows: CV09-08200 CAS (MANx). Signed by Magistrate Judge Margaret A. Nagle. (at) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

6

AMENDED DOCUMENT filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DEDCLARATORY RELIEF (Carman, Lynn) (Entered: 12/05/2009)

Dec. 5, 2009

Dec. 5, 2009

7

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Pursuant to General Order 08-02, initiating documents (including amended complaints) should be manually filed and a conformed, filed stamped copy should be emailed in PDF format to CivilIntakeCourtDocs-LA@cacd.uscourts.gov RE: First Amended Complaint filed 12/5/2009 6 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered: 12/07/2009)

Dec. 7, 2009

Dec. 7, 2009

8

NOTICE OF MOTION AND MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS filed by PLAINTIFFS Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. Motion set for hearing on 12/28/2009 at 10:00 AM before Judge Christina A. Snyder. (Carman, Lynn) (Entered: 12/07/2009)

Dec. 7, 2009

Dec. 7, 2009

9

DECLARATION of RICHARD D. WILSON, C.P.A. IN SUPPORT MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 EX A - D WIL;SON DECLARATION) (Carman, Lynn) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

10

DECLARATION of C.P.A. RICHARD D. WILSON IN SUPPORT MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 EXHIBITS B - F, WILSON SUPPLEMENTARY DECLARATION, # 2 EXHIBITS G - H, WILSON SUPPLEMENTR DECLARATION, # 3 EXHIBITS I - K, WILSON SUPPLEMENTARY DECLARATION)(Carman, Lynn) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

11

DECLARATION of ODETTE LEONELLI, PHARM.D.; SHARON STEEN; GERALD SHAPIRO, PHARM.D.; THU-HANG TRAN, PHARM.D.; PAUL LOFHOLM, PHARM.D.;LYNN ROLSTON o IN SUPPORT OF MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, (Attachments: # 1 SHARON STEEN DECLARATION, # 2 GERALD SHAPIRO, PHARM.D., DECLARATION, # 3 THU-HANG TRAN, PHARM.D., DECLARATION, # 4 PAUL LOFHOLM, PHARM.D., DECLARATION, # 5 LYNN ROLSTON DECLARATION, # 6 SCHEDULE OF DECLARATIONS, (PART ONE), # 7 SCHEDULE OF DECLARATIONS, (PART TWO))(Carman, Lynn) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

12

REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 REQUEST FOR FIRST DATABANK DOCUMENTS AND OTHER COURT DOCUMENTS filed by PLAINTIFFS Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 EXHIBITS A, B, C, D, E, F, G, H, I, J,, # 2 EXHIBIT B, # 3 LIST OF 8,000 NDCs, # 4 EXHIBIT C, # 5 MARCH 17, 2009 ORDER APPROVING SETTLEMENT, # 6 EXHIBIT D, # 7 CALOPTIMA ACTION OCT. 1, 2009, # 8 EXHIBIT E, # 9 1ST CIRCUIT OPINION, # 10 EXHIBIT F, # 11 D. COL. DECISION ON AMP, # 12 EXHIBIT G - D. COL. DECISION 6/23/09)(Carman, Lynn) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

13

REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 FURTHER REQUEST FOR JUDICIAL NOTICE filed by PLAINTIFFS Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 EXHIBITS A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R)(Carman, Lynn) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

14

NOTICE OF LODGING filed SUMMARIES OF PHARMACY DECLARATIONS re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 (Carman, Lynn) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

15

NOTICE OF LODGING filed (PROPOSED) Order re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 (Carman, Lynn) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

16

DECLARATION of JOHYN CRONIN IN SUPPORT MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Carman, Lynn) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

17

REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by PLAINTIFFS Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 EXHIBITS A - B, # 2 EXHIBITS C - J, # 3 EXHIBITS K - N, # 4 EXhHIBITS O - P, # 5 EXHIBITS Q - R, # 6 EXHIBITS Q - R, # 7 EXHIBITS S - V, # 8 EXHIBITS W - Y)(Carman, Lynn) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

18

DECLARATION of SUPPLEMENTARY SCHEDULE OF DECLARATIONS IN SUPPORT MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 FURTHER DECLARATIONS)(Carman, Lynn) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

19

NOTICE OF PROOF OF SERVICE OF SUMMONS, FIIRST AMENDED COMPLAINT, AND MOTION DOCUMENTS FOR DECEMBER 28, 2009 MOTIONS filed by PLAINTIFFS Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Carman, Lynn) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

20

NOTICE of Change of Attorney Information for attorney S. Andrew Dhadwal counsel for Defendant David Maxwell-Jolly. Adding S. Andrew Dhadwal as attorney as counsel of record for David Maxwell-Jolly, Director of CA Dept. of Health Care Services for the reason indicated in the G-06 Notice. Filed by Defendant David Maxwell-Jolly (Dhadwal, S. Andrew) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

21

NOTICE OF CHANGE OF ATTORNEY INFORMATION filed by Defendant David Maxwell-Jolly (Kim, Jennifer) (Entered: 12/10/2009)

Dec. 10, 2009

Dec. 10, 2009

22

APPLICATION for Temporary Restraining Order as to 4% REDUCTION IN REIMBURSEMENT TO PHARMACIES FOR THEIR COST TO ACQUIRE BRAND DRUG NDCS IN THE MEDI-CAL PROGRAM filed by PLAINTIFFS Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Carman, Lynn) (Entered: 12/10/2009)

Dec. 10, 2009

Dec. 10, 2009

23

First EXPARTE APPLICATION for Extension of Time to File Opposition to Motions for Preliminary Injunction and Temporary Restraining Order, First EX PARTE APPLICATION to Continue Hearing from December 28, 2009 to February 1, 2010 filed by Respondent David Maxwell-Jolly. (Attachments: # 1 Declaration Declaration of Andrew Dhadwal, # 2 Supplement Points and Authorities in Support of Application, # 3 Proposed Order Notice of Lodging of Proposed Order, # 4 Proposed Order Proposed Order)(Dhadwal, S. Andrew) (Entered: 12/10/2009)

Dec. 10, 2009

Dec. 10, 2009

24

NOTICE OF ERRATA filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. correcting APPLICATION for Temporary Restraining Order as to 4% REDUCTION IN REIMBURSEMENT TO PHARMACIES FOR THEIR COST TO ACQUIRE BRAND DRUG NDCS IN THE MEDI-CAL PROGRAM 22 CORRECTION OF CAPTION OF NOTICE OF APPLICATDION FOR TEMPORARY RESTRAINING ORDER (Carman, Lynn) (Entered: 12/10/2009)

Dec. 10, 2009

Dec. 10, 2009

25

NOTICE OF LODGING filed OF (PROPOSED) TRO ORDER re APPLICATION for Temporary Restraining Order as to 4% REDUCTION IN REIMBURSEMENT TO PHARMACIES FOR THEIR COST TO ACQUIRE BRAND DRUG NDCS IN THE MEDI-CAL PROGRAM 22 (Carman, Lynn) (Entered: 12/10/2009)

Dec. 10, 2009

Dec. 10, 2009

26

NOTICE PROPOSED TRO ORDER filed by PLAINTIFFS Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Carman, Lynn) (Entered: 12/10/2009)

Dec. 10, 2009

Dec. 10, 2009

27

DECLARATION of STANLEY L. FRIEDMAN re APPLICATION for Temporary Restraining Order as to 4% REDUCTION IN REIMBURSEMENT TO PHARMACIES FOR THEIR COST TO ACQUIRE BRAND DRUG NDCS IN THE MEDI-CAL PROGRAM 22 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Carman, Lynn) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

28

Opposition Opposition re: First EXPARTE APPLICATION for Extension of Time to File Opposition to Motions for Preliminary Injunction and Temporary Restraining OrderFirst EX PARTE APPLICATION to Continue Hearing from December 28, 2009 to February 1, 2010 23 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Friedman, Stanley) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

29

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is Notice - Change of Attorney Information. Miscellaneous Document event utilized in docketing this filing. A copy of this document has been forwarded to the Attorney Admissions Clerk RE: Notice of Change of Attorney Information (G-06) filed 12/10/2009 21 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

30

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: On 12/10/2009, Plaintiffs filed an Application for a Temporary Restraining Order 22 . On 12/10/2009, defendant filed an Ex Parte Application for an Order Extending His Time to Respond to Plaintiffs ' Motion for Preliminary Injunction and to Oppose Plaintiffs' TRO Request, and for a Continuance of Both of the Hearings 23 . The Court hereby continues the hearing on plaintiffs' TRO 22 to 12/28/2009 at 10:00 AM. Defendant shall fi le its opposition no later than 12/18/2009. Plaintiffs shall file a reply no later than 12/23/2009. The Court vacates the hearing on plaintiffs' Motion for Preliminary Injunction 8 currently noticed for 12/28/2009. The Court will schedule a new hearing date and set a briefing schedule at the hearing on plaintiffs' TRO Application on 12/28/2009. Court Reporter: Not Present. (gk)

Dec. 14, 2009

Dec. 14, 2009

RECAP
53

RESPONDENT'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PETITIONERS' MOTION FOR PRELIMINARY INJUNCTION IN OPPOSITION re: MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Defendant David Maxwell-Jolly. (Dhadwal, S. Andrew) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

54

RESPONDENT'S OBJECTIONS TO PETITIONERS' EVIDENCE IN OPPOSITION re: MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Defendant David Maxwell-Jolly. (Wong, Michele) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

55

REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 WITH EXHIBITS filed by Respondent David Maxwell-Jolly. (Attachments: # 1 Exhibit A-1 to A-5, # 2 Exhibit A-6 to A-7, # 3 Exhibit A-8 to A-9, # 4 Exhibit A-10 (Part 1 of 2), # 5 Exhibit A-10 (Part 2 of 2), # 6 Exhibit A-11 to A-18, # 7 Exhibit A-19 (Part 1 of 2), # 8 Exhibit A-19 (part 2 of 2), # 9 Exhibit A-20 to A-21, # 10 Exhibit A-22 (Part 1 of 3), # 11 Exhibit A-22 (Part 2 of 3), # 12 Exhibit A-22 (Part 3 of 3), # 13 Exhibit A-23 to A-26, # 14 Exhibit A-27 to A-29, # 15 Exhibit A-30 to A-34, # 16 Exhibit A-35 to A-39, # 17 Exhibit A-40 to A-42, # 18 Exhibit C (Part 1 of 3), # 19 Exhibit C (Part 2 of 3), # 20 Exhibit C (Part 3 of 3), # 21 Exhibit C, # 22 Exhibit D-1 to D-3, # 23 Exhibit D-4 to D-6, # 24 Exhibit D-7 to D-8, # 25 Exhibit D-9, # 26 Exhibit D-10 (Part 1 of 2), # 27 Exhibit D-10 (Part 2 of 2), # 28 Exhibit D-11 to D-14, # 29 Exhibit E)(Wong, Michele) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

56

REPLY SUPPORT OF MOTION MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 filed by Plaintiffs Tran Pharmacy, Inc., California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen. (Attachments: # 1 EXHIBIT A)(Carman, Lynn) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

57

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Memorandum/brief exceeding 10 pages shall contain table of contents, Local Rule 11-8 RE: Plaintiffs' Reply in Support of Preliminary Injunctions and Rule 8, F.R.A.P. Request for Preliminary Injunction Pending Appeal, If Any Preliminary Injunction Motions are Denied filed 2/8/2010 56 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered: 02/10/2010)

Feb. 10, 2010

Feb. 10, 2010

58

REQUEST FOR JUDICIAL NOTICE re MOTION for Preliminary Injunction re: ENJOINING 3 PROVIDER PAYMENT CUTS 8 Respondent's Supplemental Request for Judicial Notice of 2/10/10 decision filed by Respondent David Maxwell-Jolly. (Attachments: # 1 Exhibit A)(Dhadwal, S. Andrew) (Entered: 02/12/2010)

Feb. 12, 2010

Feb. 12, 2010

59

NOTICE Plaintiffs' Objection to Respondent's Supplemental Request for Judical Notice in Support of Opposition to Motion for Preliminay Injunction filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Friedman, Stanley) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

60

MINUTES of Motion Hearing held before Judge Christina A. Snyder: Proceedings: Hearing on Plaintiff's Motion for Preliminary Injunction 8 . The Court advises counsel that no tentative ruling is available and invites counsel to present their respective arguments. The Court Orders the above-referenced motion be taken under submission and that a written order will follow. Court Reporter: Laura Elias. (mg) (Entered: 03/03/2010)

Feb. 22, 2010

Feb. 22, 2010

61

NOTICE Plaintiffs' Request for Judicial Notice Filed Pursuant to Federal Rule of Evidence 201 filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Friedman, Stanley) (Entered: 03/04/2010)

March 4, 2010

March 4, 2010

71

OPPOSITION TO MOTION OF DEFENDANT OPPOSITION TO re: MOTION to Strike Petitioners' Objections (docket 65 & docket 66) Notice (Other), Notice (Other) 65 , Notice (Other) 66 MOTION to Strike Petitioners' Objections (docket 65 & docket 66) Notice (Other), Notice (Other) 65 , Notice (Other) 66 68 filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Carman, Lynn) (Entered: 05/17/2010)

May 17, 2010

May 17, 2010

72

MINUTE ORDER (In Chambers) by Judge Christina A. Snyder. RESPONDENTS OBJECTION TO AND MOTION TO STRIKE PETITIONERS OBJECTIONS (filed 05/07/10). The Court finds this motion appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing date of 6/7/10, is hereby vacated, and the matter is hereby taken under submission. On 5/5/10, the Court granted in part and denied in part plaintiffs motion for preliminary injunction. Defendants motion to strike plaintiffs objections [65 & 66] regarding the then-pending motion, is thus moot. Accordingly, the Court DENIES the motion. (pp) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

73

NOTICE OF MOTION AND MOTION for Reconsideration filed by PLAINTIFFS California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. Motion set for hearing on 7/12/2010 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Exhibit (PROPOSED) ORDER)(Carman, Lynn) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

74

NOTICE OF APPEAL to the 9th CCA filed by Respondent David Maxwell-Jolly. Appeal of Order on Motion for Preliminary Injunction,, 67 . (Filing Fee WAIVED.) (Dhadwal, S. Andrew) (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

75

Civil Appeals Docketing Statement received from Respondent David Maxwell-Jolly forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals 74 (Dhadwal, S. Andrew) (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

76

REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals 74 . (Dhadwal, S. Andrew) (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

77

NOTIFICATION by Circuit Court of Appellate Docket Number 10-55883, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 74 as to Respondent David Maxwell-Jolly. (car) (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

78

MINUTES IN CHAMBERS by Judge Christina A. Snyder: On the Court's own motion, the Court advances the 7/12/2010 Scheduling Conference from 11:00 AM., to 10:00 AM., to be heard simultaneously with plaintiffs' motion. (jp) (Entered: 06/04/2010)

June 3, 2010

June 3, 2010

79

NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. Appeal of Order on Motion for Preliminary Injunction,, 67 . (Filing fee $455, receipt number 0973- 7048294.) (Friedman, Stanley) (Entered: 06/04/2010)

June 4, 2010

June 4, 2010

80

NOTIFICATION by Circuit Court of Appellate Docket Number 10-55893, 9TH CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 79 as to Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc. (car) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

81

APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 74 as to Defendant David Maxwell-Jolly; Receipt Number: 139764 in the amount of $455. (car) (Entered: 06/09/2010)

June 8, 2010

June 8, 2010

82

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 79 Pharmacists Association, Notice of Appeal to 9th Circuit Court of Appeals 74 filed by David Maxwell-Jolly, CCA # 10-55883 and 10-55893. These appeals are consolidated for purposes of disposition. Order received in this district on 6/10/2010. (dmap) (Entered: 06/15/2010)

June 10, 2010

June 10, 2010

83

OPPOSITION Respondent's Opposition to Motion re: MOTION for Reconsideration 73 filed by Defendant David Maxwell-Jolly. (Dhadwal, S. Andrew) (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

84

STIPULATION to Continue To Take Scheduling Conference Off Calendar or, in the Alternative, Continue the Scheduling Conference from July 12, 2010 to October 4, 2010 filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Proposed Order To Take Scheduling Conference Off Calendar or, in the Alternative, Continue the Scheduling Conference)(Wong, Michele) (Entered: 06/22/2010)

June 22, 2010

June 22, 2010

85

ORDER by Judge Christina A. Snyder: Upon the Stipulation of the parties 84 , the Scheduling Conference currently set for July 12, 2010, is taken off calendar. In the alternative, upon the stipulation of the parties and good cause appearing, the Scheduling Conference is continued to 10/4/2010 at 11:00 AM before Judge Christina A. Snyder. (mg) (Entered: 06/24/2010)

June 24, 2010

June 24, 2010

86

REPLY MOTION for Reconsideration 73 filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Friedman, Stanley) (Entered: 06/28/2010)

June 28, 2010

June 28, 2010

87

REQUEST FOR JUDICIAL NOTICE re MOTION for Reconsideration 73 filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Friedman, Stanley) (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

88

REQUEST FOR JUDICIAL NOTICE re MOTION for Reconsideration 73 (CORRECTED) filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Friedman, Stanley) (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

89

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court DENIES Plaintiffs' Motion for Rehearing and to Alter, Amend, Modify, and Reconsider 5/5/2010 Order Relating to the Seventh Claim for Relief 73 . Court Reporter: Not Present. (gk) (Entered: 07/07/2010)

July 6, 2010

July 6, 2010

90

NOTICE ADDRESS CHANGE, ATTORNEY LYNN S. CARMAN filed by PLAINTIFFS California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Carman, Lynn) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

91

NOTICE PLAINTIFFS' FIRST AMENDED NOTICE OF APPEAL filed by PLAINTIFFS California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Carman, Lynn) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

92

NOTICE filed by Respondent-Appellant David Maxwell-Jolly. Respondent-Appellant's First Amended Notice of Preliminary Injunction Appeal (Dhadwal, S. Andrew) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

94

AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. Amending Notice of Appeal to 9th Circuit Court of Appeals, 79 Filed On: 6/04/2010; Entered On: 6/04/2010; (lr) (Entered: 07/15/2010)

July 12, 2010

July 12, 2010

95

RESPONDENT - APPELLANT'S FIRST AMENDED NOTICE OF APPEAL PRELIMINARY INJUNCTION APPEAL to 9th CIRCUIT filed by Defendant David Maxwell-Jolly. Amending Notice of Appeal to 9th Circuit Court of Appeals, 74 Filed On: 6/03/2010; Entered On: 6/03/2010; (lr) (Entered: 07/16/2010)

July 12, 2010

July 12, 2010

93

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 90 . The following error(s) was found: Incorrect event selected. The correct event is: Change of Attorney Information (G-06). Other error(s) with document(s): Account information (new address) was not updated in the ECF system. Your account information must be updated immediately by going to Utilities - Maintain Your Address or Maintain Your E-mail Address. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (vh) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

96

NOTICE OF CLERICAL ERROR: Due to clerical error The attorney used incorrect event code Notice(Other) for Plaintiffs' First Amended Notice of Appeal, item control number 91. Counsel's office has been notified to used the correct event Appeals, Amended Appeal to 9th Circuit Court of Appeals. The Plaintiffs' First Amended Notice of Appeal has been re docketed, item control number 94. Re: Notice (Other) 91 (lr) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

97

NOTICE OF CLERICAL ERROR: Due to clerical error The attorney used incorrect event code Notice (Other) for Respondent - Appellant's First Amended Notice of Preliminary Injunction Appeal, item control number 92. Counsel's office has been notified to used the correct event Appeals, Amended Appeal to 9th Circuit Court of Appeals. The Respondent - Appellant's First Amended Notice of Preliminary Injunction Appeal, has been re docketed, item control number 95. Re: Notice (Other) 92 (lr) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

98

NOTICE OF ERRATA filed by Defendant David Maxwell-Jolly. correcting Notice of Clerical Error (G-11), Notice of Clerical Error (G-11), Notice of Clerical Error (G-11) 97 , Notice (Other) 92 , Amended Appeal to 9th Circuit Court of Appeals, 95 (Attachments: # 1 Respondent's Appellant's First Amended Notice of Prelim Inj. Appeal.pdf)(Dhadwal, S. Andrew) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

99

TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 02/22/2010; Court Reporter: Laura Elias; Court of Appeals Case Number: 10-55883; 10-55893; Re: 74 (Dhadwal, S. Andrew) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

100

SECOND AMENDED NOTICE OF APPEAL AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by PLAINTIFFS California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. Filed On: MAY 5, 2010 AND JULY 6, 2010; Entered On: MAY 5, 2010 AND JU.Y 7, 2010; (Carman, Lynn) (Entered: 07/30/2010)

July 30, 2010

July 30, 2010

102

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 79 filed by Tran Pharmacy, Inc., Sharon Steen, Gerald Shapiro, Pharm.D., California Pharmacists Association, Notice of Appeal to 9th Circuit Court of Appeals 74 filed by David Maxwell-Jolly, CCA # 10-55883, 10-55893. Appellee's motion for a continued stay of appellate proceedings is granted in light of the pending petitions for certiorari in Independent Living Center of Southern California, Inc. v. Shewry, U.S. Sup. Ct. Case No. 09-958, and Maxwell-Jolly v. California Pharmacists Ass'n, U.S. Sup. Ct. Case No. 09- 115. Within 90 days from the date of this order, or upon resolution of the petitions for certiorari, whichever is sooner, appellee shall file a status report or a motion for appropriate relief. Briefing is stayed until further order of this court. Order received in this district on 8/18/2010. (lr) (Entered: 08/18/2010)

Aug. 3, 2010

Aug. 3, 2010

103

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 79 filed by Tran Pharmacy, Inc., Sharon Steen, Gerald Shapiro, Pharm.D., California Pharmacists Association, Notice of Appeal to 9th Circuit Court of Appeals 74 filed by David Maxwell-Jolly, CCA # 10-55883, 10-55893. These consolidated cross-appeals are preliminary injunction appeals. Appellees' petition for rehearing en banc is construed as a motion for reconsideration of the court's 8/3/10 order staying appellate proceedings. So construed, the motion is denied. Appellees' motion to assign appellants' motion to stay appellate proceedings to the panel that decided Indep. Living Ctr. of S. Cal., Inc. v. Shewry, case Nos. 08-56422 and 08-56554, and Maxwell-Jolly v. California Pharmacists Ass'n, case No. 09-55532 (collectively, "the Independent Living Center cases"), is denied as moot because the motion has already been decided under the authority delegated under 9th Cir. R. 27-7. See General Orders, Appendix A(11). Appellees' motion to assign the merits decision in these consolidated appeals to the panel that decided the Independent Living Center cases has been referred to the panel for resolution. Appellants' motion to consolidate these aqppeals and the parties' joint motion to extend time to file the opening brief are denied as moot. Appellees are advised that they remain obligated to comly with the court's August 3, 2010 order. Order received in this district on 8/18/10. (car) (Entered: 08/18/2010)

Aug. 18, 2010

Aug. 18, 2010

104

NOTICE OF MOTION AND MOTION to Stay Case pending Petitions for Certiorari filed by Defendant David Maxwell-Jolly. Motion set for hearing on 10/18/2010 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Memorandum of Points and Authorities in Support of Defendant's Motion for Stay, # 2 Declaration of Deputy Attorney General Andrew Dhadwal in Support of Motion for Stay, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Proposed Order Granting Defendant's Motion for Stay)(Dhadwal, S. Andrew) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

105

EX PARTE APPLICATION to Stay Case pending Petitions for Certiorari or in the Alternative, for an Order Shortening Time to Hear Defendant's Motion for Stay filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Memorandum of Points and Authorities in Support of Defendant's Ex Parte Application for Stay, or in the Alternative, For an Order Shortening Time to Hear Defendant's Motion for Stay, # 2 Declaration of Deputy Attorney General Andrew Dhadwal in Support of Ex Parte Application for Stay, or in the Alternative, for an Order Shortening Time to Hear Defendant's Motion for Stay, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Proposed Order Granting Defendant's Ex Parte Application for Stay, or in the Alternative, for an Order Shortening Time on Defendant's Motion for Stay)(Dhadwal, S. Andrew) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

106

OPPOSITION TO MOTION AND EX PARTE APPLICATION FOR STAY OPPOSITION re: MOTION to Stay Case pending Petitions for Certiorari 104 , EX PARTE APPLICATION to Stay Case pending Petitions for Certiorari or in the Alternative, for an Order Shortening Time to Hear Defendant's Motion for Stay 105 filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Carman, Lynn) (Entered: 09/13/2010)

Sept. 13, 2010

Sept. 13, 2010

107

STIPULATION to Continue Scheduling Conference from October 4, 2010 to January 10, 2011 filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Proposed Order to Take Scheduling Conference Off Calendar or, in the Alternative, Continue the Scheduling Conference)(Dhadwal, S. Andrew) (Entered: 09/17/2010)

Sept. 17, 2010

Sept. 17, 2010

108

ORDER by Judge Christina A. Snyder: Defendant's ex parte application to stay proceedings is granted in light of the pending petitions for certiorari in Independent Living Center of Southern California, Inc.v. Shewry, U.S.Sup.Ct. Case No. 09-958, and Maxwell-Jolly v. California Pharmacists Ass'n, U.S.Sup. Ct. Case No. 09-115. Within 90 days from the date of this order, or upon resolution of the petitions for certiorari, whichever is sooner, the parties shall file a status report or a motion for appropriate reliefgranting 104 Motion to Stay Case ; granting 105 Ex Parte Application to Stay Case (bp) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

109

ORDER TO TAKE SCHEDULING CONFERENCE OFF CALENDAR OR, IN THE ALTERNATIVE, CONTINUE THE SCHEDULING CONFERENCE by Judge Christina A. Snyder: Upon Stipulation 107 , the Scheduling Conference is continued to 1/10/2011 11:00 AM before Judge Christina A. Snyder. (gk) (Entered: 09/21/2010)

Sept. 20, 2010

Sept. 20, 2010

110

STATUS REPORT Pursuant to the Court's September 20, 2010 Order filed by Defendant David Maxwell-Jolly. (Wong, Michele) (Entered: 12/16/2010)

Dec. 16, 2010

Dec. 16, 2010

111

MINUTE IN CHAMBERS by Judge Christina A. Snyder: IT IS ORDERED that counsel shall file a Joint Status Report within 90 days and every quarter thereafter or upon disposition of the petitions for certiorari, whichever occurs first. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. All dates in this action are hereby VACATED. (jp) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

112

STATUS REPORT OF PLAINTIFFS filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Friedman, Stanley) (Entered: 02/04/2011)

Feb. 4, 2011

Feb. 4, 2011

113

STATUS REPORT re: Petitions for Certiorari filed by Defendant David Maxwell-Jolly. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Declaration Certificate of Service) (Dhadwal, S. Andrew) (Entered: 02/04/2011)

Feb. 4, 2011

Feb. 4, 2011

114

MINUTE ORDER IN CHAMBERS by Judge Christina A. Snyder: This action is hereby removed from this Courts active caseload until further application by the parties or order of this Court. Counsel shall file a joint report detailing thestatus of the case within 30 days and every quarter thereafter until the action has been reactivated on this Courts active caseload or a stipulation for dismissal is filed. SEE ORDER. (Made JS-6. Case Terminated.) (im) (Entered: 06/03/2011)

June 1, 2011

June 1, 2011

115

STATUS REPORT filed by Plaintiffs California Pharmacists Association, Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc., Defendant David Maxwell-Jolly. (Wong, Michele) (Entered: 07/12/2011)

July 12, 2011

July 12, 2011

116

STATUS REPORT JOINT STATUS REPORT PURSUANT TO THE COURT'S MINUTE ORDER DATED JUNE 1, 2011 filed by Defendant David Maxwell-Jolly. (Wong, Michele) (Entered: 10/06/2011)

Oct. 6, 2011

Oct. 6, 2011

127

NOTICE OF TERMINATION OF ASSCIATION OF STANLEY L. FRIEDMAN AS AN ATTORNEY FOR PLAINTIFFS GERALD SHAPIRO; TRAN PHARMACY, INC.; AND SHARON STEEN filed by PLAINTIFF Gerald Shapiro, Pharm.D., Sharon Steen, Tran Pharmacy, Inc.. (Carman, Lynn) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

128

Errata

Nov. 5, 2015

Nov. 5, 2015

PACER
129

NOTICE OF CHANGE IN DESIGNATION OF COUNSEL FOR SERVICE filed by DEFENDANT David Maxwell-Jolly. (Antonen, Charles) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

130

NOTICE OF SUBSTITUTION OF DEFENDANT filed by DEFENDANT David Maxwell-Jolly. (Antonen, Charles) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

132

ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 79 filed by Tran Pharmacy, Inc., Sharon Steen, Gerald Shapiro, Pharm.D., California Pharmacists Association, Notice of Appeal to 9th Circuit Court of Appeals 74 filed by Jennifer Kent. CCA # 10-55883, and 10-55893. Pursuant to the parties' stipulation (Docket Entry 86), these appeals are voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and fees on appeal. A copy of this order shall serve as and for the mandate of this court. (mat) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

131

Dismiss Case

July 1, 2016

July 1, 2016

PACER
133

Dismiss Case

July 5, 2016

July 5, 2016

PACER

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 11, 2009

Closing Date: July 5, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The California Pharmacists Association and several pharmacies.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of California, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

None

Order Duration: 2010 - 2010

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Issues

General:

Funding

Payment for care

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

Benefit Source:

Medicaid