Leavitt

California, Dept. of Social Services v. Leavitt

Good Law

444 F. Supp. 2d 1088·2006 WL 2034650·66 Fed. R. Serv. 3d 783·2006 U.S. Dist. LEXIS 48753

United States District Court, Eastern District of CaliforniaJuly 18, 2006CIV. S-99-0355 FCD JFMCalifornia5,432 words

Opinion

Damrell, J.

MEMORANDUM AND ORDER

. This matter is before the court on plaintiffs State of California, Department of Social Services (“DSS”) and defendant’s Michael Leavitt, Secretary of Health and Human Services (“Secretary”) motions for relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. Plaintiff-intervenor Enedina Rosales (“Rosales”) and various individuals claiming to be protected by this court’s prior order (“Movants”) have filed cross motions to enforce judgment pursuant to Rule 71. The court heard oral argument on the motion on June 16, 2006 and announced from the bench its decisions to grant the motions for relief for judgment and to grant in part and deny in part the motions to enforce judgment. By this order, the court memorializes its reasons for the decisions, previously stated on the record at the hearing.

FACTUAL AND PROCEDURAL BACKGROUND

This case concerns eligibility for benefits under the federal-state Aid to Families with Dependent Children-Foster Care Program (“AFDC-FC”). The AFDC-FC Program, enacted as Title IV-E of the Social Security Act, provides funds to assist with certain costs of foster care for dependent children. See 42 U.S.C.…

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