Opinion
Case No.: C-09-03798 SBA
11-28-2011
ESTHER DARLING; RONALD BELL by his guardian ad litem Rozene Dilworth; GILDA GARCIA; WENDY HELFRICH by her guardian ad litem Dennis Arnett; JESSIE JONES; RAIF NASYROV by his guardian ad litem Sofiya Nasyrova; ALLIE JO WOODARD, by her guardian ad litem Linda Gaspard-Berry; individually and on behalf of all others similarly situated, Plaintiffs, v. TOBY DOUGLAS, Director of the Department of Health Care Services, State of California, DEPARTMENT OF HEALTH CARE SERVICES, Defendants.
Kenneth A. Kuwayti, State Bar No. 145384 Benjamin A. Petersen, State Bar No. 267120 Morrison & Foerster LLP Eric Carlson, State Bar No. 141538 NATIONAL SENIOR CITIZENS LAW CENTEI Kenneth W. Zeller, Pro Hac Vice Kelly Bagby, Pro Hac Vice AARP FOUNDATION LITIGATION Attorneys for Defendants KAMALA D. HARRIS Attorney General of California SUSAN M. CARSON (CA SBN 135875) Supervising Deputy Attorney General Anna Rich, State Bar No. 230195 Kevin Prindiville, State Bar No. 235835 NATIONAL SENIOR CITIZENS LAW CENTER Barbara Jones, State Bar No. 88448 AARP FOUNDATION LITIGATION Sarah Somers, State Bar No. 170118 Martha Jane Perkins, State Bar No. 104784 NATIONAL HEALTH LAW PROGRAM
Elissa Gershon, State Bar No. 169741
Elizabeth Zirker, State Bar No. 233487
Kim Swain, State Bar No. 100340
DISABILITY RIGHTS CALIFORNIA
CLASS ACTION
STIPULATION AND ORDER FOR BRIEFING SCHEDULE AND HEARING DATE FOR APPROVAL OF SETTLEMENT AND CLASS CERTIFICATION
Hearing Date:
Time:
Judge: Hon. Saundra B. Armstrong
Address: 1301 Clay Street
Oakland, CA 94612
Courtroom: 1, 4th Floor
Kenneth A. Kuwayti, State Bar No. 145384
Benjamin A. Petersen, State Bar No. 267120
Morrison & Foerster LLP
Eric Carlson, State Bar No. 141538
NATIONAL SENIOR CITIZENS LAW CENTEI
Kenneth W. Zeller, Pro Hac Vice
Kelly Bagby, Pro Hac Vice
AARP FOUNDATION LITIGATION
Attorneys for Defendants
KAMALA D. HARRIS
Attorney General of California
SUSAN M. CARSON (CA SBN 135875)
Supervising Deputy Attorney General
Anna Rich, State Bar No. 230195
Kevin Prindiville, State Bar No. 235835
NATIONAL SENIOR CITIZENS LAW CENTER
Barbara Jones, State Bar No. 88448
AARP FOUNDATION LITIGATION
Sarah Somers, State Bar No. 170118
Martha Jane Perkins, State Bar No. 104784
NATIONAL HEALTH LAW PROGRAM
This Stipulation is based on the following facts and circumstances:
WHEREAS, on November 17, 2011, the parties reached agreement, settling all claims in this action;
WHEREAS, in order to effectuate the terms of the settlement agreement, expedited approval of this class action settlement is needed;
THE PARTIES HEREBY STIPULATE TO, AND REQUEST COURT APPROVAL OF, THE FOLLOWING SCHEDULE:
December 1, 2011: Parties to file Joint Motion for Preliminary Approval of Settlement Agreement and Stipulated Class Certification.
December 13, 2011: Hearing re Preliminary Approval of Settlement Agreement and Class Certification.
December 14, 2011: Notice to class members re Preliminary Approval of Settlement Agreement and time to file objections.
January 10, 2012: Last day for objections to settlement agreement.
January 17, 2012: Parties file responses to objections.
January 24, 2012: Hearing on final approval of settlement agreement.
Respectfully submitted,
DISABILITY RIGHTS CALIFORNIA
AARP FOUNDATION LITIGATION
NATIONAL SENIOR CITIZENS LAW CENTER
NATIONAL HEALTH LAW PROGRAM
MORRISON & FOERSTER LLP
ELISSA GERSHON
Attorneys for Plaintiffs
KAMALA D. HARRIS
Attorney General of California
SUSAN M. CARSON
Supervising Deputy Attorney General
SUSAN M. CARSON
Attorneys for Defendants
ORDER
PURSUANT TO THE STIPULATION, IT IS SO ORDERED. The Joint Motion for Preliminary Approval of the Settlement Agreement and Class Certification will be filed on December 1, 2011; an expedited hearing on preliminary approval of the settlement agreement and class certification will be held December 13, 2011 at 1:00 pm; notice will be issued to class members regarding preliminary approval of settlement and of time to file objections December 14, 2011; the last day for objections to settlement agreement to be filed January 10, 2012; responses to objections to be filed by January 17, 2012; and a hearing on final approval of the settlement agreement will be held January 24, 2012 at 1:00 pm.
Honorable Saundra Brown Armstrong
United States District Judge
GENERAL ORDER 45 ATTESTATION
I, Elissa Gershon, am the ECF User whose ID and password are being used to file this Stipulation And [Proposed] Order For Preliminary Approval for Settlement Agreement and Class Certification Briefing Schedule and Hearing Date. In compliance with General Order 45, X.B., I hereby attest that SUSAN M. CARSON has concurred in this filing.
ELISSA GERSHON