Filed: Jul. 31, 2013
Latest Update: Jul. 31, 2013
Summary: STIPULATION TO ENLARGE TIME TO ADDRESS DEFENDANT SEBELIUS'S MOTION FOR RELIEF FROM JUDGMENT; [PROPOSED] ORDER THELTON E. HENDERSON, District Judge. This stipulation to enlarge time is being filed pursuant to L.R. 6-2. Defendant Sebelius filed a Notice of Motion and Motion for Relief from Judgment on July 22, 2013 (D.E. 309). By operation of L.R. 7-3, responses are due 14 days later, August 5, 2013. WHEREAS in 1990, the Court entered a Ninth Circuit-wide injunction prohibiting the Defend
Summary: STIPULATION TO ENLARGE TIME TO ADDRESS DEFENDANT SEBELIUS'S MOTION FOR RELIEF FROM JUDGMENT; [PROPOSED] ORDER THELTON E. HENDERSON, District Judge. This stipulation to enlarge time is being filed pursuant to L.R. 6-2. Defendant Sebelius filed a Notice of Motion and Motion for Relief from Judgment on July 22, 2013 (D.E. 309). By operation of L.R. 7-3, responses are due 14 days later, August 5, 2013. WHEREAS in 1990, the Court entered a Ninth Circuit-wide injunction prohibiting the Defenda..
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STIPULATION TO ENLARGE TIME TO ADDRESS DEFENDANT SEBELIUS'S MOTION FOR RELIEF FROM JUDGMENT; [PROPOSED] ORDER
THELTON E. HENDERSON, District Judge.
This stipulation to enlarge time is being filed pursuant to L.R. 6-2. Defendant Sebelius filed a Notice of Motion and Motion for Relief from Judgment on July 22, 2013 (D.E. 309). By operation of L.R. 7-3, responses are due 14 days later, August 5, 2013.
WHEREAS in 1990, the Court entered a Ninth Circuit-wide injunction prohibiting the Defendants, when determining Medicaid eligibility, from automatically deeming income or resources of any individual other than a parent of a child who is under 21, blind or disabled, or a spouse (D.E. 309-1).
WHEREAS since that time, Medicaid determinations have occurred pursuant to the injunction.
WHEREAS Plaintiffs' lead counsel, Evelyn R. Frank, passed away.
WHEREAS the Affordable Care Act was enacted into law.
WHEREAS Plaintiffs' counsel need time to become familiar with the case history and holdings in order to respond adequately to the Defendant's motion.
THEREFORE, THE PARTIES HEREBY STIPULATE THAT the Court issue an order to enlarge time for addressing Defendant Sebelius's Motion for Relief from Judgment and that all Responses to Defendant Sebelius's Motion for Relief from Judgment will be filed by August 30, 2013; Defendant Sebelius will file her Reply by September 12, 2013; the hearing date is proposed for September 16, 2013.
Date: July 31, 2013 Respectfully submitted,
/s/Hadara Stanton
Hadara Stanton
Deputy Attorney General
California Department of Justice
Office of the Attorney General
455 Golden Gate Ave., Ste. 11000
San Francisco, C.A. 94102-7004
Tel.: (415) 703-5561
Fax: (415) 703-5480
Email: Hadara.Stanton@doj.ca.gov
/s/Justin M. Sandberg
Justin M. Sandberg
Trial Attorney
United State Department of Justice
Civil Division, Federal Programs Branch
20 Mass. Ave., N.W., Room7302
Washington, D.C. 20001
Tel.: (202) 514-5838
Fax: (202) 616-8202
Email: Justin.Sandberg@usdoj.gov
[PROPOSED] ORDER
PURSUANT TO STIPULATION OF THE PARTIES ABOVE, and good cause appearing, the Court hereby issues an order to enlarge time to address Defendant Sebelius's Motion for Relief from Judgment such that all Responses to Defendant Sebelius's Motion for Relief from Judgment shall now be filed by August 30, 2013; any Reply by Defendant Sebelius in support of her Motion for Relief from Judgment shall be filed by September 12, 2013; the hearing will be set for September 30, 2013.
IT IS SO ORDERED.
