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Title Managed Pharmacy Care; et al. v. Kathleen Sebelius; et al.

March 8, 2012

TITLE MANAGED PHARMACY CARE; ET AL.
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 JEANG Not Present N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: (In Chambers:) ORDER RE: SCOPE OF PRELIMINARY

INJUNCTION

PLAINTIFFS' EX PARTE DUE PROCESS OBJECTION TO ALLOWING ELEVENTH AMENDMENT TO BE RAISED WITHOUT REPLY FROM PLAINTIFFS

PLAINTIFFS' EX PARTE REQUEST FOR STAY OF ANY ORDER MODIFYING THE DEC. 28, 2011 ORDER ON ACCOUNT OF THE ELEVENTH AMENDMENT

INTRODUCTION AND BACKGROUND

On November 4, 2011, plaintiffs filed the instant action against Toby Douglas, Director of the California Department of Health Care Services (the "Director") and Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services (the "Secretary").

The California Department of Health Care Services ("DHCS") is a California agency charged with the administration of California's Medicaid program, Medi-Cal. The Secretary is responsible for administering the Medicaid program at the federal level. Through her designated agent, the Centers for Medicare and Medicaid Services ("CMS"), the Secretary is responsible for reviewing and approving policy changes that states make to their Medicaid programs.

Plaintiffs are a Medi-Cal beneficiary, five pharmacies that participate in the MedCal fee-for-service program, a large pharmacy organization with 340 member pharmacies throughout California, an independent living center, ...


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