1 3 6 Case:09-cv-006-CW ( Document3 Filed01/9/ Page1 of CRAIG J. CANNIZZO (State Bar No. 039) MARK E. REAGAN (State Bar No. 3) GREG B SHERMAN (State Bar No. 33) HOOPER, LUNDY & BOOKMAN, INC. Market Street, Suite 00 San Francisco, California 9 Telephone: (1) -00 Facsimile: (1) - E-Mail: gshermanhea1th-iaw.com Attorneys for Plaintiffs ( (// Efiiing -t ooa (ZS F! r, c c. cyc so 0, 0,, )V)Qx ).1 -I-- -< w<. -o JU,, Zr. < < 1 :a:: )r-z - (i) Ui 9 1 1 1 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION CALIFORNIA ASSOCIATION OF PUBLIC AUTHORITIES, et al., vs. Plaintiff, ARNOLD SCHWARZENEGGER, Governor of the State of California; JOHN A. WAGNER, Director of the California Department of Social Services; DAVID MAXWELL-JOLLY, Director of the California Department of Health Care Services; JOHN CHIANG, California State Controller, Defendant. CASE NO. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 031 NOTICE OF RELATED CASE PURSUANT TO CIVIL L.R. 3-1 TO BE FILED IN CASE NO. c. 09-006 (CW); ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED PURSUANT TO CIVIL L.R. - CLASS ACTION The Honorable Claudia Wilken a et at PLEASE TAKE NOTICE that a related case Calfornia Association ofpublic Authorities v. Schwarzenegger et al, was filed on January,, in the United State District Court for the Northern District of California. Pursuant to Civil Local Rules 3-1(b) and - of the United State District Court for the Northern District of California, the California Association of Public Authorities et al. ( CAPA ) submits this Administrative Motion to Consider Whether Cases Should Be Related. O6 hi Li Li
Under Civil Local Rule 3-1(a), an action is related to another when: (1) The actions there will be an unduly burdensome duplication of labor and expense or conflicting results if the 3 concern substantially the same parties, property, transaction or event; and () It appears likely that Case:09-cv-006-CW Document3 Filed01/9/ Page of. C C Z Li. U) 631.1 WJ apparently related case under Civil L.R. -1(b). Civil L.R. 3-1(b). action. A Chambers copy of the motion must be lodged with the assigned Judge in each service pursuant to Civil L.R. -6, must be served on all known parties to each apparently related ITTIn addition to complying with Civil L.R. -, a copy of the motion, together with proof of questions of law and fact exist one or more. of the apparently related cases: funding to the IHSS program for purely buigetary reasons. As such, the following similar Americans with Disabilities Act, and the Rehabilitation Act the State of California s failure to comply with the federal law determination of substantially the same questions of fact and law. Specifically, each case involves 1 relates to In-Home Supportive Services ( IHSS ) funding. As a result, the cases require wrongful act and occurrences, namely the passage and implementation of Assembly Bill X 1 as it the apparently related cases involve substantially the same defendants and concern the same 1 The California Association ofpublic Authorities et al. v. Schwarzenegger et al. action, and 1 Claudia Wilken. Wagner, Case No. CV 09-066. Both of the apparently related cases are before the Honorable 1 should be related to Martinez v. Schwarzenegger, Case No. C. 09-006 CW and/or VL. v. The Calfornia Association ofpublic Authorities et al. v. Schwarzenegger et al. action II. Related Cases Administrative Motion to Consider Whether Cases Should Be Related, pursuant to Civil L.R. - 9 ) was pending in the Northern District, said party Hmust promptly file in the earliest-filed case an 6 Whenever a party knows or believes that an action may be related to an action which is or cases are conducted before different judges. Civil L.R. 3-1(a). 1 I. APPLICABLE STANDARD UNDER CIVIL L.R. 3-1 L including when it dramatically reduced the Medicaid Act, the
3 services, in violation of the federal Medicaid Act, U. S.C. 96a(a)(30)(A); Whether the decreased funding for IHSS services would be inconsistent with efficiency, economy, quality of care, and access to services prior to reducing IHSS 1 Whether the State failed to give the required consideration to the factors of NOTICE OF RELATED CASE PURSUANT TO CIVIL L.R.3-1 o 1 Whether the decreased funding to IHSS services will violate the rights of Plaintiffs - and class members to be free from discrimination on the basis of their disability :i:......... 631.1 // // III I/I III /1/ L.R. 3-1(b)(). and expense or the possibility of conflicting results if the cases proceed before different judges. Accordingly, it appear likely that there will be an unduly burdensome duplication of labor homes or other residential institutions. 1 disabled individuals who could otherwise remain in their homes to enter nursing under Section 0 of the Rehabilitation Act, 9 U.S.C. 9(a), by forcing i< < DW 1 institutions; and otherwise remain in their homes to enter nursing homes or other residential 1 under the ADA, U.S.C., by forcing disabled individuals who could and class members to be free from discrimination on the basis of their disability Whether decreased funding for IHSS services will violate the rights of Plaintiffs 9 96a(a)(30)(A); in the geographic area, in violation of the federal Medicaid Act, U.s.c. least to the extent that such care and services are available to the general population 6 enough IHSS providers so that care and services under Medi-Cal are available at Medicaid program s mandated quality of care, and will not be sufficient to enlist Case:09-cv-006-CW Document3 Filed01/9/ Page3 of C C
CW and/or VL. v. Wagner, Case No. CV 09-066 actions. As set forth above the Calfornia Association ofpublic Authorities et al. v. 3 Schwarzenegger et al. action is related to the Martinez v. Schwarzenegger, Case No. C. 09-006 1 III. CONCLUSION 631.1 U) Ui I- - 1 DNz LL ZF-in 1 uj< D 1 flwju. Do DW g 1 Lfl 9 Attorneys for Plaintiffs AIG J. CANNIZ By: I 6 DATED: January HOOPER, LTJNDY & BOOKMAN, INC. Case:09-cv-006-CW Document3 Filed01/9/ Page of C C
C Case:09-cv-006-CW Document3 Filed01/9/ Page of C 1 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO 3 At the time of service, I was over 1 years of age and not a employed in the County of San Francisco, State Street, Suite 00, San Francisco, California 9. party to this action. I am of California. My business address is Market On January,, I served true copies of the following document(s) described as TO BE FILED IN CASE 6 NO. C. 09-006 (CW); ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED PURSUANT TO CIVIL L.R. - on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST 9 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with Hooper, Lundy & Bookman, Inc. s practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully g 1 prepaid. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that I am employed in the office of a member of the bar of this o 1 Court at whose direction the service was made. L1 o 1 Executed on January,, at San Francisco, California. DW - - o DianaMorgan I 1 631.1
C Case:09-cv-006-CW Document3 Filed01/9/ Page6 of C 1 3 Anne Nelson Arkush Altshuler Berzon SERVICE LIST Putz, et al. v. Arnold Schwarzenegger, et al. Stephen P. Berzon Altshuler Berzon LLP 6 Gregory David Brown Golden Gate Avenue Suite 100 San Francisco, CA 9 Timothy John Buchanan McCormick Barstow, et al. River Park Place East Fresno, CA 93-1 9 Susan M. Carson Golden Gate Avenue Suite 100 San Francisco, CA 9-00 Scott Alan Kronland zc 1 Stacey M. Leyton Karin S. Schwartz Golden Gate Avenue Suite 100 San Francisco, CA 9 Lii J - L) >-L- - Q z D Zr 1 1 David Abraham Silberman San Mateo County Counsel s Office 00 County Center 6th Floor Redwood City, CA 9063 Peder J. Thoreen Lii I Li. ls U) -J Lii I 1 Emily Butler White Michael A. Zwibelman Golden Gate Avenue Suite 100 San Francisco, CA 9-00 Anna Margaret Rich National Senior Citizens Law Center 30. Broadway, Suite Oakland, CA 961 Michael Gary Woods McCormick Barstow, et al. River Park Place East Fresno, CA 93-1 Ann Esther Menasche Sixth Avenue, Suite 0 San Diego, CA 901 Charles Hobson Wolfinger, jr. Attorney at Law 6 Cass Street, #31 San Diego, CA 909- Dara Lynn Schur Bay Area Regional Office 30 Broadway, Suite 00 Oakland, CA 961 Deborah Alyse Dorfman 30 Wilshire Blvd., #90 Los Angeles, CA 900 63 1.1
C Case:09-cv-006-CW Document3 Filed01/9/ Page of C 1 3 Frederick Philip Nisen Bay Area Regional Office 30 Broadway, Suite 00 Oakland, CA 961 Jung Pham Bay Area Regional Office 30 Broadway, Suite 00 Oakland, CA 961 ci U, incp z( o, o U, 0 : < J(LIJ< QU. >- Z0Lfl D tx ZN 6 9 1 1 1 Marilyn Lee Holle 30 Wilshire Blvd., Suite 90 Los Angeles, CA 900 Paula D. Peariman Western Law Center for Disability Rights Loyola Law School 9 Albany Street Los Angeles, CA 9001 Sujatha Jagadeesh Branch 0 Howe Avenue, Suite N Sacramento, CA 9 Eve Hedy Cervantez Altshuler Berzon LLP Melinda Ruth Bird 30 Wilshire Blvd., Suite 90 Los Angeles, CA 900 Shawna L Parks Western Law Center for Disability Rights Loyola Law School 9 Albany Street Los Angeles, CA 9001 Casey Austin Roberts Altshuler Berzon LLP wq1l.ifl or-z; I U,, -J LIJ 1 63 1.1