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Title Managed Pharmacy Care v. Kathleen Sebelius

February 10, 2012

TITLE MANAGED PHARMACY CARE
v.
KATHLEEN SEBELIUS, ET AL.



The opinion of the court was delivered by: The Honorable Christina A. Snyder

CIVIL MINUTES - GENERAL

Present: The Honorable CHRISTINA A. SNYDER

CATHERINE M. JEANG N/A N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: (In Chambers:) Defendant's Ex Parte Application for

Clarification and/or Modification of Injunction and Request for Stay (filed 02/06/12)

INTRODUCTION

On December 28, 2011, the Court issued an order granting preliminary injunction. That order stated, in pertinent part:

Defendant Toby Douglas, Director of the California Department of Health Care Services, his employees, his agents, and others acting in concert with him shall be, and hereby are, enjoined and restrained from violating federal law by implementing or otherwise applying the reduction on Medi-Cal reimbursement to providers of pharmacy services in the Medi-Cal fee-for-service program on or after June 1, 2011, pursuant to Assembly Bill 97 enacted by the California Legislature in March 2011, as codified at California Welfare and Institutions Code § 14105.192, or as to any other degree reducing current Medi-Cal rates for pharmacy providers in the Medi-Cal fee-for-service program.

Dkt. No. 46 at 22.

The Director filed the instant ex parte application for clarification and/or modification of injunction and request for stay on February 6, 2012. Plaintiffs opposed the application on February 8, 2012. After considering ...


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