IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
September 10, 2009
THE GRAY PANTHERS OF SAN FRANCISCO; MARK BECKWITH; CALIFORNIA FOUNDATION FOR INDEPENDENT LIVING CENTERS; INDEPENDENT LIVING CENTER OF SOUTHERN CALIFORNIA, INC.; LIFELONG MEDICAL CARE; AND MARGARET DOWLING PLAINTIFFS,
ARNOLD SCHWARZENEGGER, GOVERNOR OF STATE OF CALIFORNIA; KIM BELSHE, HEALTH AND HUMAN SERVICES AGENCY OF THE STATE HAMILTON OF CALIFORNIA; DAVID MAXWELL-JOLLY, DIRECTOR OF DEPARTMENT OF HEALTH CARE SERVICES STATE OF CALIFORNIA; JOHN CHIANG, CONTROLLER OF STATE OF CALIFORNIA; BILL LOCKYER, TREASURER OF STATE OF CALIFORNIA; AND MICHAEL E. GENEST, DIRECTOR OF FINANCE OF THE STATE OF CALIFORNIA, DEFENDANTS.
The opinion of the court was delivered by: Phyllis J. Hamilton District Court Judge
STIPULATION AND ORDER RE SEPT. 17, 2009 CMC Courtroom: 5
The parties, through their attorneys of record, hereby stipulate and agree as follows:
1. The court has scheduled a Case Management Conference for September 17, 2009 in the above-captioned case.
2. The parties agree that the Case Management Conference should be continued in light of the following:
a. At the August 19, 2009 hearing on plaintiffs' motion for preliminary injunction and defendant Maxwell-Jolly's motion to dismiss, the Court stayed the parties' discovery obligations under Rule 26.
b. On August 19, 2009 and September 1, 2009, the court entered orders (1) denying plaintiffs' motion for preliminary injunction; (2) granting defendant Maxwell-Jolly's motion to dismiss the complaint under Federal Rule 12(b)(6), and (3) granting defendants Schwarzenegger's and Lockyer's motion to dismiss under Federal Rule 12(b)(1).
c. On September 1, 2009, plaintiffs appealed the court's orders denying plaintiffs' motion for preliminary injunction and granting defendant Maxwell- Jolly's motion to dismiss the complaint under Federal Rule 12(b)(6). Plaintiffs may also appeal dismissal of defendants Schwarzenegger and Lockyer under Federal Rule 12(b)(1).
3. Accordingly, the parties agree that the CMC hearing currently scheduled for September 17, 2009 should be continued during the pendency of the appellate proceedings.
Upon reviewing the Stipulation entered into by and between plaintiffs and defendants, and good cause appearing therefore, it is hereby ORDERED that the Case Management Conference scheduled for September 17, 2009 be continued pending resolution of plaintiffs' appeals of the orders previously entered in this case. The parties are directed to contact the court once the appeals are resolved to schedule a date for the Case Management Conference if appropriate.
IT IS SO ORDERED
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