Proposed Order Granting Partial Summary Judgement and a Permanent Injunction

    JOEL R. REYNOL r 

JACQUELINE WARM 

NATURAL RESOURCES DEFENSE COUNCIL 

617 S. Olive Street, Suite 1210 
Los Angeles, CA 90014 
(213) 892-1500 

JANE PERKINS 

NATIONAL HEALTH LAW PROGRAM 

2639 S. La Cienega Blvd. 
Los Angeles, CA 90034 
(213) 204-6010 

SUSAN SPELLETICH 
KIM CARD 
LEGAL AID SOCIETY OF ALAMEDA COUNTY 
1440 Broadway, Suite 700 
Oakland, CA 94612 
(415) 451-9261 

BILL LANN LEE 

KEVIN S. REED 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. 
315 W. 9th Street, Suite 208 
Los Angeles, CA 90015 
(213) 624-2405 

Attorneys for Plaintiffs 
(Additional counsel on following page) 

UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 

  

ERIKA MATTHEWS, et al., ) Civ. No. C-90-3620 EFL 

) 
Plaintiffs, ) CLASS ACTION 

) 
vs. ) [ PROPOSED] ORDER 

) GRANTING PARTIAL SUMMARY 
KENNETH KIZER, ) JUDGMENT AND A PERMANENT 

) INJUNCTION 
Defendant. ) 

) 
) Date: June 21, 1991 
) Time: 10:00 a.m. 

) 
  

  

 



  

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i D. ROSEN iH 
ACLU FOUNDATION OF SOUTHERN CALIFORNIA 
[633 South Shatto Place 

Los Angeles, CA 90005 
(213) 487-1720 

EDWARD M. CHEN 

ACLU FOUNDATION OF NORTHERN CALIFORNIA 

1663 Mission Street, Suite 460 
San Francisco, CA 94103 
(415) 621-2493 

  

  
  

 



  

  

  

On @ 21, 1881, this matter “% on for hearing before 

the Court, the Honorable Eugene F. Lynch, presiding, on motion for 

partial summary judgment filed by plaintiffs Erika Matthews and 

Jalisa Matthews, by their guardian ad litem Lisa Matthews, and 

People United for a Better Oakland. Plaintiffs appeared and argued 

through their counsel Joel R. Reynolds, Natural Resources Defense 

Council, Jane Perkins, National Health Law Program, Susan 

Spelletich and Kim Card, Legal Aid Society of Alameda County, Bill 

Lann Lee, NAACP Legal Defense and Educational Fund, Inc., and Mark 

D. Rosenbaum, ACLU Foundation of Southern California. Defendant 

Kenneth Kizer appeared and argued through his counsel Harlan E. Van 

Wye, Deputy Attorney General of the State of California, and Linda 

Jane Slaughter, California Department of Health Services. The 

Court has read and considered the moving and responding papers, all 

supporting papers and appended documents, the record as a whole and 

the oral arguments of counsel. The issue having been duly heard, 

decision is rendered in accordance with the Statement of Undisputed 

Facts and Plaintiffs’ Memorandum of Points and Authorities in 

Support of Partial Summary Judgment filed herein. 

IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 

1. Plaintiffs’ Motion for Partial Summary Judgment is 

granted on the grounds that there are no triable issues of fact and 

that plaintiffs Erika Matthews, et al., are entitled to judgment as 

a matter of law that the duty of defendant Kenneth Kizer is to 

enforce the Medicaid Act, 42 U.S.C. §§ 1396a(a) (43), 

1396a(a)(4)(B), & (r), as construed in the State Medicaid Manual § 
  

5123.2(D), by instructing health care providers who participate in 

  

 



  
  

the Medicaid goer to screen all radio Liane children ages 

1-5 for lead poisoning by using the erythrocyte protoporphyrin (EP) 

test as the primary screening test and to perform venous blood 

measurements on children with elevated EP levels; 

2. Partial summary judgment is entered in favor of 

plaintiffs Erika Matthews, et al.; 

3. The Court declares that the defendant Kenneth Kizer 

is a violation of 42 U.S.C. §§ 139%6a(a)(43), d(a)(4)(B) and (r), as 

construed by the State Medicaid Manual, § 5123.2(D), which requires 
  

health providers who participate in the Medicaid program to screen 

all Medicaid-eligible children ages 1-5 for lead poisoning by using 

the erythrocyte protoporphyrin (EP) test as the primary screening 

test and to perform venous blood measurements on children with 

elevated EP levels; 

4. Defendant Kizer, Director of the California 

Department of Health Services, his successors in office, his 

llagents, employees, and all persons acting in concert with them are 

permanently enjoined from continuing to violate the federal 

Medicaid provisions described in sections one and three, above. 

5. Defendant Kenneth Kizer is to take nothing; and 

6. Plaintiffs Erika Matthews, et al., are hereby 

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1 awarded their ®:: and attorneys fees hen. 

Dated: June “x 310809] 

3 

4 Honorable Eugene F. Lynch 

5 Dated: May 23, 1991 

6 NAACP Legal Defense and 
Educational Fund 

5 Natural Resources Defense Council 

National Health Law Program 
8 Legal Aid Society of Alameda 

County 
9 ACLU Foundation of Southern 

California 
10 ACLU Foundation of Northern 

California 

11 2) ; 

12 By ee 

[Tens Perkins 
13 Attorneys for Plaintiffs 

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