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Darling v. Douglas

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 28, 2011
Case No.: C-09-03798 SBA (N.D. Cal. Nov. 28, 2011)

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


Summaries of

Darling v. Douglas

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 28, 2011
Case No.: C-09-03798 SBA (N.D. Cal. Nov. 28, 2011)
Case details for

Darling v. Douglas

Case Details

Full title:ESTHER DARLING; RONALD BELL by his guardian ad litem Rozene Dilworth…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 28, 2011

Citations

Case No.: C-09-03798 SBA (N.D. Cal. Nov. 28, 2011)