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Plata et al v. Brown et al

MOTION to Stay Three-Judge Court's August 4, 2009 Opinion and Order Pending Appeal; Memorandum of Points and Authorities

14 Cited authorities

  1. Estelle v. Gamble

    429 U.S. 97 (1976)   Cited 55,237 times   7 Legal Analyses
    Holding that the government has an obligation to provide medical care to incarcerated persons

  2. Hilton v. Braunskill

    481 U.S. 770 (1987)   Cited 2,987 times   4 Legal Analyses
    Holding that if the State makes a substantial case on the merits, continued custody is permissible if the second and fourth factors "militate against release"

  3. Hoptowit v. Ray

    682 F.2d 1237 (9th Cir. 1982)   Cited 2,445 times   1 Legal Analyses
    Holding Rule 801(d)(D) "does not require a showing that the statement is within the scope of the declarant's agency. Rather, it need only be shown that the statement be related to a matter within the scope of the agency."

  4. Armstrong v. Davis

    275 F.3d 849 (9th Cir. 2001)   Cited 749 times   3 Legal Analyses
    Holding that " Garrett makes clear that . . . there is no barrier to the injunction against Nielson in his official capacity as Secretary of the Board [under the ADA]."

  5. Golden Gate Res. Asso. v. City

    512 F.3d 1112 (9th Cir. 2008)   Cited 200 times   3 Legal Analyses
    Granting stay because "individuals without health coverage are significantly less likely to seek timely medical care than those with health coverage," and consequently are more likely to "seek emergency treatment" from government-funded hospitals and clinics

  6. Britton v. Co-op. Banking Group

    916 F.2d 1405 (9th Cir. 1990)   Cited 321 times   3 Legal Analyses
    Holding that the appeal of district court's order denying motion to compel arbitration does not preclude district court from proceeding with the case on the merits

  7. Lopez v. Heckler

    713 F.2d 1432 (9th Cir. 1983)   Cited 281 times
    Holding that all a claimant must do to satisfy the presentment requirement is to “specifically present the claim that his benefits should not be terminated”

  8. Natural Res. v. Winter

    502 F.3d 859 (9th Cir. 2007)   Cited 53 times
    Reversing the district court's order granting a preliminary injunction where the district court did not consider the public interest factor

  9. Natural Res. v. Winter

    508 F.3d 885 (9th Cir. 2007)   Cited 23 times
    Holding that "[i]njunctive relief must be tailored to remedy the specific harm alleged, and an overbroad . . . injunction is an abuse of discretion"

  10. Plata v. Schwarzenegger

    Case No. C01-1351 TEH (N.D. Cal. Nov. 3, 2008)

    Case No. C01-1351 TEH. November 3, 2008 FUTTERMAN DUPREE LLP, MARTIN H. DODD (104363), JAMIE L. DUPREE (158105), San Francisco, California, Attorneys for Receiver, J. Clark Kelso. [PROPOSED] ORDER GRANTING RECEIVER'S APPLICATION FOR ORDER WAIVING STATE STATUTES, REGULATIONS AND PROCEDURES REGARDING SALARY GRIDS FOR RECEIVER CAREER EXECUTIVE ASSIGNMENTS THELTON HENDERSON, Senior District JudgePage 1 The Receiver submitted his Application for an order waiving a number of State statutes and regulations

  11. Section 3626 - Appropriate remedies with respect to prison conditions

    18 U.S.C. § 3626   Cited 4,512 times   8 Legal Analyses
    Recognizing preliminary injunctive relief must be narrowly drawn, extend no further than necessary to correct the harm, and be the least intrusive means necessary to correct that harm

  12. Rule 62 - Stay of Proceedings to Enforce a Judgment

    Fed. R. Civ. P. 62   Cited 4,152 times   15 Legal Analyses
    Granting of stay is discretionary

  13. Section 1253 - Direct appeals from decisions of three-judge courts

    28 U.S.C. § 1253   Cited 454 times   3 Legal Analyses
    Granting the right to directly appeal certain three-judge district court orders to the Supreme Court