Biotechnology Innovation Organization et al v. Alex M. Azar, II et al
| Biocom California, California Life Sciences Association and Biotechnology Innovation Organization |
| Alex M. Azar, II, Health and Human Services, Seema Verma and Center for Medicare and Medicaid Services |
| Alliance for Aging Research |
| American Society of Clinical Oncology, National Association of Manufacturers and Chamber of Commerce of the United States of America |
| 3:2020cv08603 |
| December 4, 2020 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on January 19, 2021. A more recent docket listing may be available from PACER.
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Filing 53
ORDER by Judge Vince Chhabria granting as modified #52 Stipulation to stay case. (vclc2, COURT STAFF) (Filed on 1/19/2021)
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| Filing 52 STIPULATION AND [PROPOSED] ORDER Regarding Stay filed by Alex M. Azar, II, Center for Medicare and Medicaid Services, Health and Human Services, Seema Verma. (Saslaw, Alexandra) (Filed on 1/19/2021) |
| Filing 51 CERTIFICATE OF SERVICE by Biocom California, Biotechnology Innovation Organization, California Life Sciences Association re #1 Complaint, #10 Summons Issued as to USA and Other New Case Documents (Igra, Naomi) (Filed on 1/8/2021) |
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Filing 50
ORDER by Judge Vince Chhabria granting #27 Motion for Preliminary Injunction. (vclc2, COURT STAFF) (Filed on 12/28/2020)
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| Filing 49 REPLY (re #27 MOTION for Preliminary Injunction - CORRECTION OF DKT. #26) filed by Biocom California, Biotechnology Innovation Organization, California Life Sciences Association. (Attachments: #1 Exhibit A)(Igra, Naomi) (Filed on 12/24/2020) |
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Filing 48
ORDER RE MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Vince Chhabria on 12/23/2020. (vclc2, COURT STAFF) (Filed on 12/23/2020)
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| Filing 47 OPPOSITION/RESPONSE to (re #27 MOTION for Preliminary Injunction - CORRECTION OF DKT. #26 ) filed by Alex M. Azar, II, Center for Medicare and Medicaid Services, Health and Human Services, Seema Verma. (Saslaw, Alexandra) (Filed on 12/22/2020) |
| Filing 46 Brief re #27 MOTION for Preliminary Injunction CORRECTION OF DKT. #26 (Brief of American Society of Clinical Oncology as Amicus Curiae in Support of Plaintiffs' Motion for Preliminary Injunction)) filed byAmerican Society of Clinical Oncology. (Related document(s) #27 ) (Ference-Burke, Jonathan) (Filed on 12/18/2020) |
| Filing 45 BRIEF OF THE CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA AND THE NATIONAL ASSOCIATION OF MANUFACTURERS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS re #43 Order on Motion to File Amicus Curiae Brief filed by Chamber of Commerce of the United States of America, National Association of Manufacturers. (Related document(s) #43 ) (Gaede, William) (Filed on 12/17/2020) |
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Filing 44
ORDER by Judge Vince Chhabria granting #39 Motion for Leave to File Excess Pages. (vclc2S, COURT STAFF) (Filed on 12/17/2020)
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Filing 43
ORDER by Judge Vince Chhabria granting #41 Motion to File Amicus Curiae Brief by Chamber of Commerce and National Association of Manufacturers. (vclc2S, COURT STAFF) (Filed on 12/17/2020)
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Filing 42
ORDER by Judge Vince Chhabria granting #31 Motion for Leave to File Amicus Brief by The Alliance for Aging Research. (vclc2S, COURT STAFF) (Filed on 12/17/2020)
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| Filing 41 Consent MOTION to File Amicus Curiae Brief filed by Chamber of Commerce of the United States of America, National Association of Manufacturers. Responses due by 12/31/2020. Replies due by 1/7/2021. (Attachments: #1 Proposed Amici Brief, #2 Proposed Order)(Gaede, William) (Filed on 12/17/2020) |
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Filing 40
ORDER by Judge Vince Chhabria granting #38 Motion to File Amicus Curiae Brief by American Society of Clinical Oncology. (vclc2S, COURT STAFF) (Filed on 12/17/2020)
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| Filing 39 MOTION for Leave to File Excess Pages filed by Alex M. Azar, II, Center for Medicare and Medicaid Services, Health and Human Services, Seema Verma. (Attachments: #1 Proposed Order)(Saslaw, Alexandra) (Filed on 12/17/2020) |
| Filing 38 UNOPPOSED MOTION FOR LEAVE TO FILE BRIEF AS AMICUS CURIAE IN SUPPORT OF PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION filed by American Society of Clinical Oncology. Responses due by 12/30/2020. Replies due by 1/6/2021. (Attachments: #1 Brief of American Society of Clinical Oncology as Amicus Curiae, #2 Proposed Order)(Ference-Burke, Jonathan) (Filed on 12/16/2020) |
| Filing 37 Amicus Curiae APPEARANCE entered by Jonathan Robert Ference-Burke on behalf of American Society of Clinical Oncology. (Ference-Burke, Jonathan) (Filed on 12/16/2020) |
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Filing 36
Order by Judge Vince Chhabria granting #23 Motion for Pro Hac Vice - Griffin.(knmS, COURT STAFF) (Filed on 12/15/2020)
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Filing 35
Order by Judge Vince Chhabria granting #22 Motion for Pro Hac Vice - Maley.(knmS, COURT STAFF) (Filed on 12/15/2020)
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Filing 34
Order by Judge Vince Chhabria granting #21 Motion for Pro Hac Vice - Guerra.(knmS, COURT STAFF) (Filed on 12/15/2020)
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Filing 33
Order by Judge Vince Chhabria granting #20 Motion for Pro Hac Vice - Scott.(knmS, COURT STAFF) (Filed on 12/15/2020)
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Filing 32
Order by Judge Vince Chhabria granting #18 Motion for Pro Hac Vice - Mosier.(knmS, COURT STAFF) (Filed on 12/15/2020)
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| Filing 31 UNOPPOSED MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by Alliance for Aging Research. (Attachments: #1 Proposed Amicus Curiae Brief of the Alliance for Aging Research in Support of Plaintiffs' Motion for Preliminary Injunction, #2 [Proposed] Order)(Correll, Charles) (Filed on 12/15/2020) |
| Filing 30 Rule 7.1 Corporate Disclosure Statement filed by Alliance for Aging Research (Correll, Charles) (Filed on 12/15/2020) |
| Filing 29 NOTICE of Appearance by Charles Christian Correll, Jr on behalf of Proposed Amicus Curiae Alliance for Aging Research (Correll, Charles) (Filed on 12/15/2020) |
| Reset Deadlines as to #27 MOTION for Preliminary Injunction CORRECTION OF DKT. #26. Responses due by 12/22/2020. Replies due by 12/24/2020. (knmS, COURT STAFF) (Filed on 12/15/2020) |
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Filing 28
ORDER by Judge Vince Chhabria granting as modified #25 Motion to Shorten Time. (vclc2S, COURT STAFF) (Filed on 12/14/2020)
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| Filing 27 NOTICE OF MOTIN AND MOTION for Preliminary Injunction - CORRECTION OF DKT. #26 filed by Biocom California, Biotechnology Innovation Organization, California Life Sciences Association. Motion Hearing set for 1/21/2021 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 12/28/2020. Replies due by 1/4/2021. (Attachments: #1 Declaration of Naomi Igra, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Declaration of Dr. Michael Seiden, #17 Attachment to Declaration of of Dr. Michael Seiden, #18 Declaration of Craig Garthwaite, #19 Appendix A, #20 Appendix B, #21 Appendix C, #22 Declaration of Madelaine Feldman, #23 Declaration of Alexander Hardy, #24 Declaration Michael S. Chen)(Igra, Naomi) (Filed on 12/13/2020) |
| Filing 26 NOTICE OF MOTION AND MOTION for Preliminary Injunction filed by Biocom California, Biotechnology Innovation Organization, California Life Sciences Association. Motion Hearing set for 1/21/2021 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 12/28/2020. Replies due by 1/4/2021. (Attachments: #1 Declaration of Naomi A. Igra In Support of Plaintiffs' Motion for Preliminary Injunction, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Declaration of Dr. Michael Seiden, #17 In Support of Seiden Declaration, #18 Declaration of Craig Garthwaite, PhD, #19 Appendix A, #20 Appendix B, #21 Appendix C, #22 Declaration of Madelaine Feldman M.D., FACR, #23 Declaration of Alexander Hardy, #24 Declaration of Michael S. Chen)(Igra, Naomi) (Filed on 12/11/2020) Modified on 12/14/2020 (tnS, COURT STAFF). |
| Filing 25 MOTION to Shorten Time filed by Biocom California, Biotechnology Innovation Organization, California Life Sciences Association. (Attachments: #1 Declaration Of Naomi A. Igra In Support of Plaintiffs' Motion To Change Time, #2 Proposed Order)(Igra, Naomi) (Filed on 12/11/2020) |
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Filing 24
ORDER by Judge Vince Chhabria granting #19 Motion for Leave to File Excess Pages. (vclc2, COURT STAFF) (Filed on 12/11/2020)
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| Filing 23 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15307659) filed by Biocom California, Biotechnology Innovation Organization. (Attachments: #1 Certificate of Good Standing)(Griffin, Sean) (Filed on 12/11/2020) |
| Filing 22 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15307587) filed by Biocom California, Biotechnology Innovation Organization. (Attachments: #1 Certificate of Good Standing)(Maley, Erika) (Filed on 12/11/2020) |
| Filing 21 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15307451) (Filing fee previously paid on 12/11/2020) filed by Biocom California, Biotechnology Innovation Organization. (Attachments: #1 Certificate of Good Standing)(Guerra, Joseph) (Filed on 12/11/2020) |
| Filing 20 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15306699) filed by California Life Sciences Association. (Scott, Samuel) (Filed on 12/11/2020) |
| Filing 19 MOTION for Leave to File Excess Pages filed by Biocom California, Biotechnology Innovation Organization, California Life Sciences Association. (Attachments: #1 Declaration Naomi A. Igra, #2 Proposed Order)(Igra, Naomi) (Filed on 12/11/2020) |
| Filing 18 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15305505) filed by California Life Sciences Association. (Mosier, Mark) (Filed on 12/11/2020) |
| Filing 17 NOTICE of Appearance by Kathryn Elizabeth Cahoy for California Life Sciences Association (Cahoy, Kathryn) (Filed on 12/11/2020) |
| Filing 16 NOTICE of Appearance by Alexandra Rachel Saslaw (Saslaw, Alexandra) (Filed on 12/11/2020) |
| Filing 15 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 3/3/2021. Initial Case Management Conference set for 3/10/2021 10:00 AM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) (Filed on 12/9/2020) |
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Filing 14
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 12/9/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 12/9/2020)
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| Filing 13 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (dtmS, COURT STAFF) (Filed on 12/8/2020) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Biocom California, Biotechnology Innovation Organization.. (Igra, Naomi) (Filed on 12/8/2020) |
| Filing 11 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/2/2021. Initial Case Management Conference set for 3/9/2021 01:30 PM. (bnsS, COURT STAFF) (Filed on 12/7/2020) |
| Filing 10 Summons Issued as to Alex M. Azar, II, Center for Medicare and Medicaid Services, Health and Human Services, Seema Verma, U.S. Attorney and U.S. Attorney General. (bnsS, COURT STAFF) (Filed on 12/7/2020) |
| Filing 9 Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/18/2020. (bwS, COURT STAFF) (Filed on 12/4/2020) |
| Filing 8 Rule 7.1 Disclosures by California Life Sciences Association (Brinkmann, Beth) (Filed on 12/4/2020) |
| Filing 7 NOTICE of Appearance by Beth S Brinkmann for Plaintiff California Life Sciences Association (Brinkmann, Beth) (Filed on 12/4/2020) |
| Filing 6 Certificate of Interested Entities by Biocom California, Biotechnology Innovation Organization, California Life Sciences Association (Igra, Naomi) (Filed on 12/4/2020) |
| Filing 5 Rule 7.1 Disclosures by Biocom California (Igra, Naomi) (Filed on 12/4/2020) |
| Filing 4 Rule 7.1 Disclosures by Biotechnology Innovation Organization identifying Corporate Parent Biotechnology Innovation Organization for Biotechnology Innovation Organization. (Igra, Naomi) (Filed on 12/4/2020) |
| Filing 3 Proposed Summons. (Igra, Naomi) (Filed on 12/4/2020) |
| Filing 2 Civil Cover Sheet by Biocom California, Biotechnology Innovation Organization, California Life Sciences Association . (Igra, Naomi) (Filed on 12/4/2020) |
| Filing 1 COMPLAINT against Center for Medicare and Medicaid Services, Health and Human Services, Alex M. Azar, II, Seema Verma ( Filing fee $ 402, receipt number 0971-15277449.). Filed byBiocom California, California Life Sciences Association, Biotechnology Innovation Organization, Center for Medicare and Medicaid Services, Health and Human Services, Alex M. Azar, II, Seema Verma. (Igra, Naomi) (Filed on 12/4/2020) |
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