Case: Sobky v. Gould

2:92-cv-00613 | U.S. District Court for the Eastern District of California

Filed Date: April 16, 1992

Closed Date: 1994

Clearinghouse coding complete

Case Summary

On April 16, 1992, providers and recipients, or potential recipients, of State of California Medicaid-funded drug abuse treatment services filed a lawsuit under 42 U.S.C. § 1983 against the California Department of Alcohol and Drugs Programs, California Health and Welfare Agency, California Department of Health Services, and Alameda County. Plaintiffs, represented by private counsel, asked the court for injunctive and declaratory relief, claiming that California's federally-funded Medi-Cal dru…

On April 16, 1992, providers and recipients, or potential recipients, of State of California Medicaid-funded drug abuse treatment services filed a lawsuit under 42 U.S.C. § 1983 against the California Department of Alcohol and Drugs Programs, California Health and Welfare Agency, California Department of Health Services, and Alameda County. Plaintiffs, represented by private counsel, asked the court for injunctive and declaratory relief, claiming that California's federally-funded Medi-Cal drug abuse program was not being administered consistently with the Medicaid Act (42 U.S.C. § 1396 et seq.). Specifically, Plaintiffs claimed that methadone maintenance was wholly unavailable to residents of certain counties because the State allowed counties to determine whether and in what amount to provide such services. Further, Plaintiffs alleged that levels of service were often insufficient even in those counties were methadone maintenance was offered.

The Court (Judge David F. Levi) certified a class as "all persons in the State of California eligible for Medi-Cal for whom methadone maintenance treatment is medically necessary and otherwise appropriate but how are, or may in the future be, unable to obtain methadone maintenance treatment through the Medi-Cal program" on September 15, 1992.

On December 8, 1992, the Court related case this case, 2:92-cv-613, with case 2:92-cv-1905.

On June 14, 1994, the Court (Judge David F. Levi) issued an amended memorandum of decision and order. Sobkey v. Smoley, 855 F.Supp. 1123 (E.D. Cal. 1994). Plaintiffs had moved for summary judgment and for reconsideration. The Court held that: Plaintiff had enforceable rights under § 1983; Medicaid recipients were entitled to a preliminary injunction; Plaintiffs were not entitled to summary judgment; the state practice did not violate the equal access provision of the Medicaid Act; the state's failure to fund enough methadone maintenance slots violated the needy equal treatment required; the state's practice violated the Medicaid requirement that services be provided with reasonable promptness; and, Plaintiffs' due process rights were not violated.

The Court issued a permanent injunction on August 22, 1994. The Court had previously issued a preliminary injunction, but its contents are unclear. The permanent injunction required Defendants to: refrain from violating 42 U.S.C. § 1396 in provision of methadone and methadone maintenance serviced under the Medi-Cal program; take all practicable steps to assure contracts between counties and the Department of Alcohol/Drug Programs; provide written notice to all methadone maintenance programs of the availability of state hearings; and, to submit a plan regarding Defendants' proposed method of complying with the injunction.

On March 27, 1995, the Court issued an order settling Plaintiffs' claim for attorneys' fees and costs. The exact amount of the award is unclear.

Defendants filed reports for a period of time, but there has been no further litigation.

Summary Authors

Haley Waller (1/20/2011)

People


Judge(s)

Ishii, Anthony W. (California)

Levi, David F. (California)

Judge(s)

Ishii, Anthony W. (California)

Levi, David F. (California)

show all people

Documents in the Clearinghouse

Document

2:92-cv-00613

Docket

June 25, 2010

June 25, 2010

Docket
97

2:92-cv-00613

AMENDED MEMORANDUM OF DECISION AND ORDER

Sobky v. Smoley

June 14, 1994

June 14, 1994

Order/Opinion
158

2:92-cv-00613

Order of Reaasignment

June 25, 2010

June 25, 2010

Order/Opinion

Docket

Last updated Feb. 18, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT to Honorable David F Levi; Summons issued; fee status paid; Receipt # 138760; Notice re: Consent forms (old) (Entered: 04/17/1992)

April 16, 1992

April 16, 1992

2

ORDER setting scheduling conference for 10:45 6/19/92 before Honorable David F Levi (cc: all counsel) (old) (Entered: 04/17/1992)

April 16, 1992

April 16, 1992

3

STIPULATION extending time up to and including 5/29/92 for defendants County of Alameda, Kears, and Kueffner to respond to complaint (old) (Entered: 05/26/1992)

May 26, 1992

May 26, 1992

5

ANSWER by defendant Alameda County, defendant David J Kears, and defendant Dana Kueffner (old) (Entered: 06/01/1992)

May 29, 1992

May 29, 1992

6

JOINT STATUS REPORT by plaintiffs (old) (Entered: 06/16/1992)

June 12, 1992

June 12, 1992

7

STATUS ORDER by Honorable David F Levi ORDERING Scheduling conf continued to 9/18/92 at 1:30 in ctrm 3 any party may object within 7 days (cc: all counsel) (old) (Entered: 06/23/1992)

June 23, 1992

June 23, 1992

8

STIPULATION by all parties that defendants County of Alameda, Kears, and Kueffner have to and including 8/3/92 to respond to plaintiff's first request for production of documents (old) (Entered: 07/16/1992)

July 16, 1992

July 16, 1992

9

NOTICE by defendant Russell S Gould, defendant Andrew M Mecca, defendant Molly Joel Coye of answer to plaintiff's first request for production of documents (old) (Entered: 07/31/1992)

July 30, 1992

July 30, 1992

10

NOTICE OF MOTION AND MOTION by plaintiff to certify class action; hrg 9/4/92 at 9:00 in ctrm 3 DFL (old) (Entered: 08/05/1992)

Aug. 4, 1992

Aug. 4, 1992

11

MEMORANDUM by plaintiffs in support of motion to certify class action; hrg 9/4/92 at 9:00 in ctrm 3 DFL [10−1] (old) (Entered: 08/05/1992)

Aug. 4, 1992

Aug. 4, 1992

12

DECLARATION of Amitai Schwartz in support of motion to certify class action; hrg 9/4/92 at 9:00 in ctrm 3 DFL [10−1] (old) (Entered: 08/05/1992)

Aug. 4, 1992

Aug. 4, 1992

LODGED order granting motion for class certification (old) (Entered: 08/05/1992)

Aug. 4, 1992

Aug. 4, 1992

13

DECLARATION of Reda Sobky in support of motion to certify class action; hrg 9/4/92 at 9:00 in ctrm 3 DFL [10−1] by plaintiffs (old) (Entered: 08/06/1992)

Aug. 6, 1992

Aug. 6, 1992

LODGED stipulation for continuance of hearing on class certification and status conf (old) (Entered: 08/21/1992)

Aug. 21, 1992

Aug. 21, 1992

14

ORDER by Honorable David F. Levi GRANTING lodged stipulation Scheduling conf continued to 10/9/92 at 11:15 ctrm 3 DFL setting hearing on plaintiff's motion to certify class action [10−1] to 9:00 on 9/18/92 (cc: all counsel) (old) (Entered: 08/25/1992)

Aug. 25, 1992

Aug. 25, 1992

15

STATEMENT by defendant Alameda County, defendant David J Kears, and defendant Dana Kueffner of non−opposition to plaintiff's motion for class certification; hrg 9/18/92 at 9:00 ctrm 3 DFL (old) (Entered: 09/01/1992)

Sept. 1, 1992

Sept. 1, 1992

16

MEMORANDUM by defendant Russell S Gould, defendant Andrew M Mecca, and defendant Molly Joel Coye in opposition to motion certify class action; hrg 9/4/92 at 9:00 in ctrm 3 DFL [10−1] (old) (Entered: 09/02/1992)

Sept. 1, 1992

Sept. 1, 1992

17

MEMORANDUM by plaintiff Reda Z Sobky and plaintiff Humanistic Alternat in support of motion to certify class action; hrg 9/18/92 at 9:00 in ctrm 3 DFL [10−1] (old) (Entered: 09/11/1992)

Sept. 10, 1992

Sept. 10, 1992

18

ORDER by Honorable David F. Levi GRANTING IN PART AND DENYING IN PART the motion to certify class action; hrg 9/4/92 at 9:00 in ctrm 3 DFL [10−1]; CERTIFYING the class as "All persons in the State of California eligible for Medi−Cal for whom methadone maintenance treatment is medically necessary and otherwise appropriate but who are, or may in the future be, unable to obtain methadone maintenance treatment through the Medi−Cal program; ORDERING that if any party has an objection with this TENTATIVE RULING, they should contact the courtroom deputy and have the oral argument as scheduled on 9/18/92; if no party makes a request, this tentative ruling will become final (cc: all counsel) (old) (Entered: 09/15/1992)

Sept. 15, 1992

Sept. 15, 1992

19

LODGED Document vacating the 8/4/92 lodged order granting motion for class certification; COURT PREPARED ITS OWN ORDER (old) (Entered: 09/15/1992)

Sept. 15, 1992

Sept. 15, 1992

LODGED stipulation for continuance of the status conference (old) (Entered: 10/08/1992)

Oct. 8, 1992

Oct. 8, 1992

21

NOTICE by defendant Russell S Gould, defendant Andrew M Mecca, and defendant Molly Joel Coye of related case(s) C 92−2852 CAL in the Northern District of California (old) (Entered: 11/16/1992)

Nov. 13, 1992

Nov. 13, 1992

22

JOINT STATUS REPORT by plaintiffs and defendants (old) (Entered: 12/07/1992)

Dec. 4, 1992

Dec. 4, 1992

23

RELATED CASE ORDER by Honorable David F Levi RELATING 2:92−cv−613 DFL GGH w/ member case 2:92−cv−1905 EJG PAN ; ORDERING: case 2:92−cv−1905 is REASSIGNED to DFL and GGH for all further proceedings; any dates currently set in reassigned case ONLY are VACATED; parties are referred to attached order setting status (Pretrial Scheduling) conference for 2:92−cv−1905 DFL GGH only; clerk to make appropriate adjustment in assignment of civil cases to compensate for reassignment (cc: all counsel) (old) (Entered: 12/08/1992)

Dec. 8, 1992

Dec. 8, 1992

24

ORDER by Honorable David F. Levi Case consolidated 2:92−cv−613 with member case 2:92−cv−1905 (cc: all counsel) (old) (Entered: 12/14/1992)

Dec. 14, 1992

Dec. 14, 1992

25

STATUS ORDER by Honorable David F Levi re status conf held in chambers 12/11/92; plaintiff's motion for summary judgment or preliminary injunction shall be filed 1/29/93; defts' cross motion for summary judgment, opposition or motion to dismiss shall be filed by 2/26/93; pltfs' reply and opposition by 3/12/93; defts' rply by 3/26/93; hrg on such mtns on 4/29/93 at 1:30 Discovery ddl 2/16/93 objections within 7 days (cc: all counsel) (old) (Entered: 12/15/1992)

Dec. 15, 1992

Dec. 15, 1992

LODGED Stipulation continuing deadline and hearing dates for motions for summary judgment (kh) (Entered: 01/26/1993)

Jan. 25, 1993

Jan. 25, 1993

26

STIPULATION and ORDER CONTINUING DEADLINE AND HEARING DATES FOR MOTIONS FOR SUMMARY JUDGMENT by Honorable David F Levi ORDERING all dates set in the court's pretrial scheduling order are CONTINUED for 7 days (cc: all counsel) (kh) (Entered: 02/01/1993)

Feb. 1, 1993

Feb. 1, 1993

27

NOTICE OF MOTION AND MOTION by pltfs Humanistic Alternatives, Reda Z Sobky for partial summary judgment or, in the alternative, for preliminary injunction set 5/6/93 at 9:00 before DFL (old) (Entered: 02/08/1993)

Feb. 5, 1993

Feb. 5, 1993

28

MEMORANDUM by plaintiffs in SUPPORT of motion for partial summary judgment [27−1] or, in the alternative, for preliminary injunction [27−2] (old) (Entered: 02/08/1993)

Feb. 5, 1993

Feb. 5, 1993

29

STATEMENT by pltfs of MATERIAL FACTS NOT IN DISPUTE re: motion for partial summary judgment [27−1], for preliminary injunction [27−2] (old) (Entered: 02/08/1993)

Feb. 5, 1993

Feb. 5, 1993

30

DECLARATIONS of Donald Nikkel, Brian Slattery, Ron Kletter, Vicki Manahl, Sharon McCloud, Lisa Quilling, Terri Randall, Heather Randolph, Paul Sanchez and Judi Sollenberger in SUPPORT of motion for partial summary judgment [27−1], for preliminary injunction [27−2] (old) (Entered: 02/08/1993)

Feb. 5, 1993

Feb. 5, 1993

31

EXHIBITS to declaration of Amitai Schwartz in SUPPORT of motion for partial summary judgment [27−1], for preliminary injunction [27−2]; Vol I (old) Modified on 02/08/1993 (Entered: 02/08/1993)

Feb. 5, 1993

Feb. 5, 1993

32

EXHIBITS to declaration of Amitai Schwartz in SUPPORT of motion for partial summary judgment [27−1], for preliminary injunction [27−2]; Vol II (old) Modified on 02/08/1993 (Entered: 02/08/1993)

Feb. 5, 1993

Feb. 5, 1993

33

EXHIBITS to declaration of Amitai Schwartz in SUPPORT of motion for partial summary judgment [27−1], for preliminary injunction [27−2]; Vol III (old) Modified on 02/08/1993 (Entered: 02/08/1993)

Feb. 5, 1993

Feb. 5, 1993

34

EXHIBITS to declaration of Amitai Schwartz in SUPPORT of motion for partial summary judgment [27−1], for preliminary injunction [27−2]; Vol IV (old) (Entered: 02/08/1993)

Feb. 5, 1993

Feb. 5, 1993

35

STIPULATION and ORDER by Honorable David F Levi ORDERING the3 dates int he pretrial scheduling order are CONTINUED so that defendant's cross motion for summary judgment opposition or motion to dismiss is due 3/12/93, plaintiff's reply 3/30/93, defendant's reply 4/19/93 and the hearing shall be 5/6/93 at 1:30pm (cc: all counsel) (kh) (Entered: 03/03/1993)

March 3, 1993

March 3, 1993

36

LETTER to court from defendants confirming defts' cross−motion for summary judgment, opposition or motion to dismiss may be filed 3/15/93 (old) (Entered: 03/12/1993)

March 11, 1993

March 11, 1993

37

NOTICE OF MOTION AND MOTION by defendant Alameda County to dismiss or in the alternative for judgment on the pleadings by deft Alamada County hrg 5/6/93 at 1:30 ctrm 3 DFL (old) (Entered: 03/15/1993)

March 12, 1993

March 12, 1993

38

MEMORANDUM by defendant Alameda County in support of motion to dismiss or in the alternative for judgment on the pleadings by deft Alamada County [37−1] (old) (Entered: 03/15/1993)

March 12, 1993

March 12, 1993

39

DECLARATION of David Kears IN SUPPORT OF re motion to dismiss or in the alternative for judgment on the pleadings by deft Alamada County [37−1] (old) (Entered: 03/15/1993)

March 12, 1993

March 12, 1993

40

NOTICE OF MOTION AND MOTION by State Defendants to dismiss State Defendants or, in the alternative for summary judgment for State Defendants motions to be heard 5/6/93 at 1:30pm by Honorable David F Levi (kh) (Entered: 03/16/1993)

March 15, 1993

March 15, 1993

41

MEMORANDUM OF POINTS AND AUTHORITIES by State Defendants Russell S Gould, Andrew M Mecca, Molly Joel Coye in SUPPORT of motion to dismiss State Defendants [40−1], of motion for summary judgment for State Defendants [40−2] (kh) (Entered: 03/16/1993)

March 15, 1993

March 15, 1993

42

STATEMENT by State Defendants Russell S Gould, Andrew M Mecca, and Molly Joel Coye of MATERIAL FACTS Not in Dispute (kh) (Entered: 03/16/1993)

March 15, 1993

March 15, 1993

43

MEMORANDUM OF POINTS AND AUTHORITIES by State Defendants Russell S Gould, Andrew M Mecca and Molly Joel Coye in OPPOSITION to motion for partial summary judgment [27−1], motion for preliminary injunction [27−2] (kh) (Entered: 03/16/1993)

March 15, 1993

March 15, 1993

44

DECLARATION of Joseph O Egan in SUPPORT of OPPOSITION to motions [43−1], and MOTIONS to dismiss State Defendants [40−1] and for summary judgment for State Defendants [40−2] (kh) (Entered: 03/16/1993)

March 15, 1993

March 15, 1993

45

DECLARATIONS of Kathy Anderson, James Cicconetti, Wayne Clark, Allan Harlow, Venus Little, Joy Jarfors, Susan Nisenbaum, Elizabeth Stanley and Larry Carpenter in SUPPORT of OPPOSITION to motions [43−1], and motion to dismiss State Defendants [40−1], motion for summary judgment for State Defendants [40−2]; EXHIBITS 3−9 (kh) Modified on 03/16/1993 (Entered: 03/16/1993)

March 15, 1993

March 15, 1993

46

DECLARATIONS of Kathy Anderson, James Cicconetti, Wayne Clark, Allan Harlow, Venus Little Joy Jarfors, Susan Nisenbaum, Elizabeth Stanley and Larry Carpenter in SUPPORT of OPPOSITION to motions [43−1], and motion to dismiss State Defendants [40−1], motion for summary judgment for State Defendants [40−2]; EXHIBIT 1 (kh) Modified on 03/16/1993 (Entered: 03/16/1993)

March 15, 1993

March 15, 1993

47

STATEMENT by State Defendants Russell S Gould, Andrew M Mecca and Molly Joel Coye of MATERIAL FACTS as to which there is a genuine issue precluding motion for partial summary judgment [27−1] (kh) (Entered: 03/16/1993)

March 15, 1993

March 15, 1993

48

DEPOSITION of Venus Little taken on the following date(s): 8/21/92 (kh) (Entered: 03/18/1993)

March 18, 1993

March 18, 1993

50

DEPOSITION of Elizabeth A Stanley taken on the following date(s): 12/1/92 (kh) (Entered: 03/18/1993)

March 18, 1993

March 18, 1993

51

DEPOSITION of Dana Kuefner taken on the following date(s): 8/19/93 (kh) (Entered: 03/18/1993)

March 18, 1993

March 18, 1993

52

DEPOSITION of Ronald Klettner taken on the following date(s): 12/3/93 − VOLUME I (kh) Modified on 03/18/1993 (Entered: 03/18/1993)

March 18, 1993

March 18, 1993

53

DEPOSITION of Ronald Kletter taken on the following date(s): 1/5/93 − VOLUME II (kh) (Entered: 03/18/1993)

March 18, 1993

March 18, 1993

54

DEPOSITION of Charles Deutschman taken on the following date(s): 12/10/92 (kh) (Entered: 03/18/1993)

March 18, 1993

March 18, 1993

55

DEPOSITION of Dr Reda Z Sobky taken on 1/12/93 (old) (Entered: 03/22/1993)

March 22, 1993

March 22, 1993

56

DEPOSITION of Anne Bolla, MBA taken on 1/12/93 (old) (Entered: 03/22/1993)

March 22, 1993

March 22, 1993

57

NOTICE of filing sealed depositions of plaintiffs Dr Reda Sobky and Anne Bolla by defendants Molly Joel Coye, Andrew Mecca and Russell Gould (old) (Entered: 03/23/1993)

March 22, 1993

March 22, 1993

58

STATEMENT by defendants Molly Joel Coye, Andrew M Mecca, and S Gould Co in support of motion to dismiss or in the alternative for judgment on the pleadings by deft Alamada County [37−1], in support of motion for partial summary judgment [27−1]; set for 5/6/93 at 1:30pm before DFL (old) (Entered: 03/29/1993)

March 26, 1993

March 26, 1993

59

MEMORANDUM by plaintiff in support of motion for partial summary judgment [27−1] (old) (Entered: 04/02/1993)

April 1, 1993

April 1, 1993

60

DECLARATION of Barbara A Jones IN OPPOSITION TO motion for summary judgment for State Defendants [40−2] (old) (Entered: 04/02/1993)

April 1, 1993

April 1, 1993

61

MEMORANDUM by plaintiff in opposition to motion for summary judgment for State Defendants [40−2] (old) (Entered: 04/02/1993)

April 1, 1993

April 1, 1993

LODGED STIPULATION AND ORDER to dismiss plaintiffs' merritt claims numbered eight and nine without prejudice (old) (Entered: 04/06/1993)

April 5, 1993

April 5, 1993

LODGED Stipulation for an order dismissing defendants County of Alameda, David J Kears and Dana Kueffner (kh) (Entered: 04/13/1993)

April 12, 1993

April 12, 1993

62

STIPULATION and ORDER by Honorable David F Levi ORDERING plaintiff's 8th and 9th in 92−1905 are DISMISSED without prejudice (cc: all counsel) (kh) (Entered: 04/13/1993)

April 13, 1993

April 13, 1993

63

DEPOSITION of Richard Earle Browne Jr taken on the following date(s): 12/18/92 (kh) (Entered: 04/13/1993)

April 13, 1993

April 13, 1993

64

STIPULATION and ORDER by Honorable David F Levi dismissing party Alameda County, party David J and party Dana Kueffner from these consolidated actions with prejudice; plaintiffs waive any further claim for attorneys fees and costs against County of Alameda, David J Kearns and Dana Kueffner (cc: all counsel) (old) (Entered: 04/19/1993)

April 19, 1993

April 19, 1993

65

MEMORANDUM by defendants Molly Joel Coye, Andrew M Mecca, and Russell S Gould in support of motion to dismiss State Defendants [40−1] (old) (Entered: 04/20/1993)

April 19, 1993

April 19, 1993

66

SUPPLEMENTAL DECLARATIONS in SUPPORT of state defendants memorandum in OPPOSITION to motion for partial summary judgment, or in the alternative, for preliminary injunction and state defendants' motion to dismiss or in the alternative, for summary judgment [61−1] by dfts Coy, Mecca, Gould (old) (Entered: 04/20/1993)

April 19, 1993

April 19, 1993

68

LETTER to court from dfts Dana Kueffner in 2:92−cv−00613, David J Kears, Alameda County, Molly Joel Coye, Andrew M Mecca, Russell S Gould (old) (Entered: 09/20/1993)

Sept. 16, 1993

Sept. 16, 1993

69

LETTER to court from pltfs Humanistic Alternat in 2:92−cv−00613, Reda Z Sobky (old) (Entered: 09/20/1993)

Sept. 16, 1993

Sept. 16, 1993

70

LETTER to court from pltfs Humanistic Alternat in 2:92−cv−00613, Reda Z Sobky (old) (Entered: 09/20/1993)

Sept. 16, 1993

Sept. 16, 1993

71

MEMORANDUM OF DECISION AND ORDER by Honorable David F Levi ORDERING: dfts' motion to dismiss State Defendants [40−1] is DENIED; motion for partial summary judgment [27−1] is DENIED; motion for preliminary injunction [27−2] is GRANTED; court requests that parties meet and confer as to precise terms of the preliminary injunction; if parties agree, proposed order due w/in 21 days, otherwise separate orders w/ brief due (cc: all counsel) (old) (Entered: 10/28/1993)

Oct. 28, 1993

Oct. 28, 1993

72

NOTICE OF MOTION AND MOTION for reconsideration of order denying pltfs' mtn for partial summary judgment and order denying preliminary injunction in part by pltfs ; motion before Honorable David F Levi on 12/17/93 at 9:00am (old) (Entered: 11/10/1993)

Nov. 8, 1993

Nov. 8, 1993

73

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF motion for reconsideration of order denying pltfs' mtn for partial summary judgment and order denying preliminary injunction in part by pltfs (old) (Entered: 11/10/1993)

Nov. 8, 1993

Nov. 8, 1993

74

NOTICE OF MOTION AND MOTION for summary judgment by pltfs on 12/17/93 at 9:00am ; motion before Honorable David F Levi (old) (Entered: 11/19/1993)

Nov. 19, 1993

Nov. 19, 1993

75

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF motion for summary judgment by pltfs on 12/17/93 at 9:00am [74−1] (old) (Entered: 11/19/1993)

Nov. 19, 1993

Nov. 19, 1993

76

DECLARATION of Anne Bolla IN SUPPORT OF motion for summary judgment by pltfs on 12/17/93 at 9:00am [74−1] (old) (Entered: 11/19/1993)

Nov. 19, 1993

Nov. 19, 1993

77

DECLARATION of Douglas Lipman IN SUPPORT OF motion for summary judgment by pltfs on 12/17/93 at 9:00am [74−1] (old) (Entered: 11/19/1993)

Nov. 19, 1993

Nov. 19, 1993

78

DECLARATION of Ronald K Perry IN SUPPORT OF motion for summary judgment by pltfs on 12/17/93 at 9:00am [74−1] (old) (Entered: 11/19/1993)

Nov. 19, 1993

Nov. 19, 1993

79

SECOND DECLARATION of Amitai Schwartz IN SUPPORT OF motion for summary judgment by pltfs on 12/17/93 at 9:00am [74−1] (old) (Entered: 11/19/1993)

Nov. 19, 1993

Nov. 19, 1993

LODGED order for preliminary injunction (old) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

80

MEMORANDUM OF POINTS AND AUTHORITIES by pltfs Humanistic Alternat in 2:92−cv−00613, Reda Z Sobky in 2:92−cv−00613 in support of motion for summary judgment by pltfs on 12/17/93 at 9:00am [74−1] (old) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

81

LETTER to court from Joseph O Egan (DAG) re deadline for proposed order for preliminary injunction is extended to 11/22/93 (old) (Entered: 11/24/1993)

Nov. 23, 1993

Nov. 23, 1993

LODGED order (old) (Entered: 12/02/1993)

Nov. 30, 1993

Nov. 30, 1993

LODGED ex parte application for continuance of hrg; declaration of Joseph O Egan; order (old) (Entered: 12/02/1993)

Nov. 30, 1993

Nov. 30, 1993

83

DECLARATION of Joseph O Egan IN SUPPORT OF lodged ex parte application and order for continuance of hearing [0−0] (old) (Entered: 12/02/1993)

Nov. 30, 1993

Nov. 30, 1993

84

ORDER by Honorable David F Levi ORDERING: lodged order [0−0] is GRANTED; In−court hearing reset to 1/14/94 at 9:00am; hearing set for 12/17/93 is VACATED (cc: all counsel) (old) (Entered: 12/06/1993)

Dec. 6, 1993

Dec. 6, 1993

85

EX PARTE ORDER FOR CONTINUANCE OF HEARING by Honorable David F Levi ORDERING: hrg on mtn for summary judgment set for 12/17/93 at 9:00am is VACATED ; new date to be set by court (cc: all counsel) (old) (Entered: 12/09/1993)

Dec. 9, 1993

Dec. 9, 1993

86

MEMORANDUM OF POINTS AND AUTHORITES/REPLY by dfts Molly Joel Coye, Andrew M Mecca, S Gould IN OPPOSITION TO response to motion for summary judgment by pltfs on 12/17/93 at 9:00am [74−1] (old) (Entered: 12/22/1993)

Dec. 21, 1993

Dec. 21, 1993

87

MEMORANDUM OF POINTS AND AUTHORITIES/REPLY by dfts Molly Joel Coye, Andrew M Mecca, Russell S Gould IN OPPOSITION TO response to motion for summary judgment by pltfs on 12/17/93 at 9:00am [74−1] (old) (Entered: 12/22/1993)

Dec. 21, 1993

Dec. 21, 1993

88

MEMORANDUM by pltfs Humanistic Alternat, Reda Z Sobky in 2:92−cv−00613 IN SUPPORT OF motion for reconsideration of order denying pltfs' mtn for partial summary judgment and order denying preliminary injunction in part by pltfs [72−1] (old) (Entered: 01/07/1994)

Jan. 5, 1994

Jan. 5, 1994

89

MEMORANDUM by pltfs Humanistic Alternat, Reda Z Sobky in 2:92−cv−00613 IN SUPPORT OF motion for summary judgment by pltfs on 12/17/93 at 9:00am [74−1] (old) (Entered: 01/07/1994)

Jan. 5, 1994

Jan. 5, 1994

90

NOTICE by dfts Molly Joel Coye, Andrew M Mecca, Russell S Gould in 2:92−cv−00613 of preliminary injunction implementation plan (old) (Entered: 01/11/1994)

Jan. 11, 1994

Jan. 11, 1994

91

MINUTES of mtn hearing before Honorable David F Levi: that the motion for summary judgment by pltfs on 12/17/93 at 9:00am [74−1] is submitted; order to be prepared by the court C/R: D McKinnon (old) (Entered: 02/14/1994)

Feb. 11, 1994

Feb. 11, 1994

92

PRELIMINARY INJUNCTION IMPLEMENTATION PLAN/BRIEF by dfts Molly Joel Coye, Andrew M Mecca, Russell S Gould in 2:92−cv−00613 (old) (Entered: 02/28/1994)

Feb. 25, 1994

Feb. 25, 1994

93

OBJECTIONS by plaintiffs Humanistic Alternative, Reda Z Sobky to brief [92−1] (old) (Entered: 03/02/1994)

March 2, 1994

March 2, 1994

94

TRANSCRIPT of 2/11/94 mtn for summary judgment (old) (Entered: 04/20/1994)

April 18, 1994

April 18, 1994

LODGED stipulation and order substituting parties in their official capacities (old) (Entered: 04/21/1994)

April 20, 1994

April 20, 1994

95

STIPULATION and ORDER by Honorable David F Levi ORDERING: Sandra R Smoley is substituted in place and stead of Russell S Gould, in her official capacity as Secretary of the CA Health and Welfare Agency; Kimberly Belshe is substituted in place and stead of Molly Joel Coye, in her official capacity of Director of the CA Department of Health Services; all further proceedings in this action shall be titled Sobky, et al v Smoley, et al (cc: all counsel) (old) (Entered: 04/25/1994)

April 25, 1994

April 25, 1994

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: April 16, 1992

Closing Date: 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Providers and recipients, or potential recipients, of State of California Medicaid-funded drug abuse treatment services

Plaintiff Type(s):

City/County Plaintiff

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Department of Alcohol and Drug Programs, State

Alameda County, County

Alameda County Health Care Services Agency, County

Alameda County Department of Alcohol and Drug Programs, County

California Health and Welfare Agency, State

California Department of Health Services, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Benefit Source:

Medicaid