Optum, Inc., et al v. Smith
| DAVID WILLIAM SMITH |
| OPTUM, INC. and OPTUM SERVICES, INC. |
| BOSTON GLOBE MEDIA PARTNERS, LLC and DOW JONES & COMPANY, INC. |
| 19-1149 |
| February 6, 2019 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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| NOTICE of filing the following transcript in district court by Court Reporter Kelly Mortellite: 02/22/2019, Ruling hearing. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [19-1149] (CP) [Entered: 02/27/2019 01:14 PM] |
| JUDGMENT dismissing case pursuant to Fed. R. App. P. 42(b). [19-1149] (CP) [Entered: 02/27/2019 01:53 PM] |
| MANDATE issued. [19-1149] (CP) [Entered: 02/27/2019 01:53 PM] |
| ELECTRONIC SUPPLEMENTAL record filed consisting of district court docket entries 95, 96. [19-1149] (CP) [Entered: 02/27/2019 01:11 PM] |
| JOINT MOTION to dismiss case filed by Appellant David William Smith, Not Parties Boston Globe Media Partners, LLC, Dow Jones & Company, Inc. and Appellees Optum Services, Inc. and Optum, Inc.. Certificate of service dated 02/26/2019. [19-1149] (BM) [Entered: 02/26/2019 09:12 AM] |
| NOTICE of District Court Order below filed by Appellees Optum Services, Inc. and Optum, Inc.. Certificate of service dated 02/22/2019. [19-1149]. CLERK'S NOTE: Docket entry was edited to modify the docket text. [19-1149] (SEH) [Entered: 02/22/2019 07:51 PM] |
| NOTICE of appearance on behalf of Appellant David William Smith filed by Attorney P. Kevin Connelly. Certificate of service dated 02/21/2019. [19-1149] (PKC) [Entered: 02/21/2019 10:45 AM] |
| DOCKETING statement filed by Appellant David William Smith. Certificate of service dated 02/19/2019. [19-1149] (BM) [Entered: 02/19/2019 09:53 AM] |
ORDER entered by Jeffrey R. Howard, Chief Appellate Judge; Juan R. Torruella, Appellate Judge and William J. Kayatta, Jr., Appellate Judge: Upon motion by plaintiff-appellees, the district court entered an indicative ruling pursuant to Fed. R. Civ. P. 62.1. The district court ruled that a motion for temporary restraining order ("TRO") filed by plaintiff-appellees presented a "substantial issue" but that the filing of a notice of appeal by defendant-appellant meant that the district court could not exercise jurisdiction to adjudicate the motion for TRO. Having already unsuccessfully sought similar relief from the district court, plaintiff-appellees have filed an urgent motion with this court seeking injunctive relief pursuant to Fed. R. App. P. 8. That request is denied without prejudice, but we conclude that remand pursuant to Fed. R. App. P. 12.1 would be prudent in light of the district court's indicative ruling and in light of the proceedings already conducted by the district court regarding the motion for TRO. The matter is remanded to the district court for the limited purpose of resolving the pending motion for TRO as expeditiously as possible. We express no opinion at this time as to the gating question whether the request for TRO must be arbitrated, a question the district court has answered in the negative, or as to the merits of the motion for TRO. The stay of proceedings previously imposed by the district court is dissolved to the extent necessary for the district court to adjudicate the motion for TRO. Pursuant to Rule 12.1, "the parties must promptly notify the circuit clerk when the district court has decided the motion on remand." We will retain jurisdiction over the appeal for the moment without expressing any opinion at this time as to whether appellate jurisdiction properly lies. That issue is reserved. [19-1149] (CP) [Entered: 02/15/2019 12:02 PM]
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| NOTICE of appearance on behalf of Appellant David William Smith filed by Attorney Michael J. Sheehan. Certificate of service dated 02/15/2019. [19-1149] (MJS) [Entered: 02/15/2019 01:10 PM] |
| TRANSCRIPT report/order form filed by Appellant David William Smith indicating all necessary transcripts have already been filed in district court. Certificate of service dated 02/15/2019. [19-1149] (BM) [Entered: 02/15/2019 01:40 PM] |
| REPLY filed by Appellees Optum Services, Inc. and Optum, Inc. to response [ # 6232624-2 ]. Certificate of service dated 02/14/2019. [19-1149] (SEH) [Entered: 02/14/2019 02:52 PM] |
| NOTICE of appearance on behalf of Appellees Optum Services, Inc. and Optum, Inc. filed by Attorney Hannah Tso Joseph. Certificate of service dated 02/14/2019. [19-1149] (HTJ) [Entered: 02/14/2019 11:41 AM] |
| NOTICE of appearance on behalf of Appellant David William Smith filed by Attorney Brian A Mead. Certificate of service dated 02/14/2019. [19-1149] (BM) [Entered: 02/14/2019 08:29 AM] |
| RESPONSE filed by Appellant David William Smith to motion for injunction pending appeal [ # 6231923-2 ]. Certificate of service dated 02/14/2019. [19-1149] (BM) [Entered: 02/14/2019 10:34 AM] |
| NOTICE of appearance on behalf of Appellees Optum Services, Inc. and Optum, Inc. filed by Attorney Russell Beck. Certificate of service dated 02/14/2019. [19-1149] (RB) [Entered: 02/14/2019 11:39 AM] |
| CORPORATE disclosure statement filed by Appellees Optum Services, Inc. and Optum, Inc.. Certificate of service dated 02/13/2019. [19-1149] (SEH) [Entered: 02/13/2019 10:20 AM] |
| NOTICE of appearance on behalf of Appellant David William Smith filed by Attorney Laura McLane. Certificate of service dated 02/13/2019. [19-1149] (LM) [Entered: 02/13/2019 10:02 AM] |
| EMERGENCY MOTION to expedite consideration of motion for an injunction pending appeal filed by Appellees Optum Services, Inc. and Optum, Inc.. Certificate of service dated 02/12/2019. [19-1149] (SEH) [Entered: 02/12/2019 08:08 AM] |
| EMERGENCY MOTION for injunction pending appeal filed by Appellees Optum Services, Inc. and Optum, Inc.. Certificate of service dated 02/12/2019. [19-1149] (SEH) [Entered: 02/12/2019 08:03 AM] |
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ORDER entered by Jeffrey R. Howard, Chief Appellate Judge: Appellees' motion to expedite consideration of the "emergency motion for an injunction pending appeal" is GRANTED in part. Appellant should file a response to the motion by noon on February 14, 2019 . The court is strongly disinclined to grant extensions of this deadline and may rule on the motion for injunctive relief or take other appropriate action regardless of whether a response has been filed. [19-1149] (CP) [Entered: 02/12/2019 01:00 PM]
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| NOTICE of indicative ruling below pursuant to Fed. R. App. P. 12.1 filed by Appellees Optum Services, Inc. and Optum, Inc.. Certificate of service dated 02/11/2019. [19-1149] (SEH) [Entered: 02/11/2019 05:20 PM] |
| NOTICE of appearance on behalf of Appellees Optum Services, Inc. and Optum, Inc. filed by Attorney Sarah E. Harrington. Certificate of service dated 02/07/2019. [19-1149] (SEH) [Entered: 02/07/2019 12:12 PM] |
| NOTICE of appearance on behalf of Appellees Optum Services, Inc. and Optum, Inc. filed by Attorney Thomas C. Goldstein. Certificate of service dated 02/07/2019. [19-1149] (TCG) [Entered: 02/07/2019 12:14 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #43) filed by Appellant David William Smith. Docketing Statement due 02/20/2019. Transcript Report/Order form due 02/20/2019. Appearance form due 02/20/2019. [19-1149] (CP) [Entered: 02/06/2019 03:16 PM] |
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