Akebia Therapeutics, Inc. v. Azar, et al
| ALEX MICHAEL AZAR, II, in his official capacity as Secretary of Health and Human Services, DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA, in her official capacity as Administrator of the Centers for Medicare & Medicaid Services and CENTERS FOR MEDICARE AND MEDICAID SERVICES |
| MEDICARE ADVOCACY PROJECT, MASSACHUSETTS BIOTECHNOLOGY COUNCIL, INC., BIOTECHNOLOGY INNOVATION ORGANIZATION and CENTER FOR MEDICARE ADVOCACY, INC. |
| CENTER OF MEDICARE CENTER OF MEDICARE ADVOCACY |
| AKEBIA THERAPEUTICS, INC. |
| 20-1161 |
| February 19, 2020 |
| U.S. Court of Appeals, First Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 Akebia Therapeutics, Inc. v. Azar
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Docket Report
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This docket was last retrieved on April 17, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| MOTION Motion for an Extension of Time to file Bound Paper Copies of Brief filed by Amicus Curiae Medicare Advocacy Project. Certificate of service dated 04/17/2020. [20-1161] (NJL) [Entered: 04/17/2020 04:34 PM] |
ORDER entered: Upon consideration of motion, it is ordered that the time for Amicus Curiae Medicare Advocacy Project to file paper copies of the electronically-filed brief to be enlarged April 21, 2020 . Paper copies are due 04/06/2020 for Medicare Advocacy Project. [20-1161]. (ALW) [Entered: 04/17/2020 06:18 PM]
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| NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Nancy Lorenz for Medicare Advocacy Project and Donna M. McCormick for Medicare Advocacy Project. [20-1161] (ALW) [Entered: 04/16/2020 11:51 AM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae Center for Medicare Advocacy, Inc. in support of Appellant. Number of copies: 9. Certificate of service dated 03/16/2020. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 04/23/2020 . [20-1161] (ALW) [Entered: 04/16/2020 01:18 PM] |
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ORDER entered: No objections having been filed, Medicare Advocacy, Inc.'s motion for leave to file an amicus curiae brief in support of the appellant is granted, and the brief is accepted this day for filing. [20-1161] (ALW) [Entered: 04/16/2020 01:06 PM]
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ORDER entered: Upon consideration, the motion to withdraw Attorney Lindsey B. Silver as counsel for plaintiff-appellant Akebia Therapeutics, Inc. is allowed. Attorney Silver is hereby withdrawn as counsel of record in this appeal. Appellant will continue to be represented by its remaining counsel of record. [20-1161] (ALW) [Entered: 04/16/2020 01:43 PM]
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| APPELLEES' BRIEF filed by Appellees Alex Michael Azar, II, Centers for Medicare and Medicaid Services, Department of Health and Human Services, and Seema Verma. Certificate of service dated 04/08/2020. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 05/15/2020 . Reply brief due 04/22/2020 for APPELLANT Akebia Therapeutics, Inc. [20-1161] CLERK'S NOTE: Docket entry was edited to modify the docket text. (LIM) [Entered: 04/15/2020 08:55 AM] |
| Public docket note: Because of the court's March 26, 2020 general order extending deadlines due to the COVID-19 pandemic, the deadline for attorneys Nancy Lorenz and Donna M. McCormick to register for an ECF accout has been automatically extended to May 29, 2020. [20-1161]. CLERK'S NOTE: Docket entry was docketed in error as the Court's March 26, 2020 general order does not apply to expedited cases. Please disregard. (ALW) [Entered: 04/15/2020 11:57 AM] |
| MOTION for Attorney Lindsey B. Silver to withdraw as counsel filed by Appellant Akebia Therapeutics, Inc.. Certificate of service dated 04/14/2020. [20-1161] (LBS) [Entered: 04/14/2020 07:22 PM] |
| BRIEF tendered by Appellees Alex Michael Azar, II, Centers for Medicare and Medicaid Services, Department of Health and Human Services and Seema Verma. [20-1161] (SW) [Entered: 04/08/2020 07:14 PM] |
| NINE (9) paper copies of amicus brief [ # 6329607-2 ] submitted by Amicus Curiae Biotechnology Innovation Organization. [20-1161] (ATC) [Entered: 04/08/2020 03:12 PM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae Biotechnology Innovation Organization and Massachusetts Biotechnology Council, Inc. in support of Appellant. Number of copies: 9. Certificate of service dated 03/16/2020. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 04/15/2020 . [20-1161] Clerk Note: Doeckt entry edited to modify the docket text. (ALW) [Entered: 04/02/2020 04:18 PM] |
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ORDER entered: No objections having been filed, Medicare Advocacy Project's motion for leave to file an amicus brief in support of the appellant is granted, and the brief is accepted for filing this day. [20-1161] (ALW) [Entered: 04/01/2020 04:49 PM]
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| AMICUS CURIAE BRIEF filed by Amicus Curiae Medicare Advocacy Project in support of Appellant. Number of copies: 9. Certificate of service dated 03/17/2020. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 04/15/2020 . [20-1161]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (ALW) [Entered: 04/01/2020 04:56 PM] |
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ORDER entered: Upon consideration of motion, it is ordered that the time for Appellees Alex Michael Azar, II, Centers for Medicare and Medicaid Services, Department of Health and Human Services and Seema Verma to file paper copies of their brief be enlarged to 30 days after their brief is accepted. [20-1161] (ALW) [Entered: 04/01/2020 10:32 AM]
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| NOTICE of filing the following transcript(s) in district court by Court Reporter Rachel Lopez: 12/19/2019, Motion 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. [20-1161] (RMK) [Entered: 03/31/2020 10:32 AM] |
| MOTION for leave to file reduced number of copies of brief filed by Appellees Alex Michael Azar, II, Centers for Medicare and Medicaid Services, Department of Health and Human Services and Seema Verma. Certificate of service dated 03/30/2020. [20-1161] (SW) [Entered: 03/30/2020 04:53 PM] |
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ORDER entered: Appellant's Appellant Akebia Therapeutics, Inc. motion for leave to file a supplemental appendix under seal is allowed. Appellant's sealed supplemental appendix is accepted for filing on this date. [20-1161] (ALW) [Entered: 03/23/2020 12:18 PM]
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| DISCLOSURE statement filed by Amici Curiae Biotechnology Innovation Organization and Massachusetts Biotechnology Council, Inc. Certificate of service dated 03/16/2020. [20-1161] (ALW) [Entered: 03/23/2020 12:04 PM] |
| DISCLOSURE statement filed by Movant Center for Medicare Advocacy, Inc. Certificate of service dated 03/16/2020. [20-1161]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (ALW) [Entered: 03/23/2020 11:26 AM] |
| SUPPLEMENTAL APPENDIX under seal filed by Appellant Akebia Therapeutics, Inc.. Number of volumes: 1. Number of copies: 1. Certificate of service dated 03/09/2020. [20-1161] (ALW) [Entered: 03/23/2020 12:23 PM] |
| Mail returned as undeliverable to Attorney Nicole R. Hadas for Appellant Akebia Therapeutics, Inc. Copy of Notice issued February 19, 2020. Forwarded to Akebia Therapeutics Inc, 245 1st St, Ste 1400, Cambridge, MA 02142. [20-1161]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (JMK) [Entered: 03/24/2020 02:45 PM] |
| DISCLOSURE statement filed by Not Party Medicare Advocacy Project. Certificate of service dated 03/17/2020. [20-1161] (ALW) [Entered: 03/23/2020 01:11 PM] |
| NOTICE of appearance on behalf of Movant(s) Massachusetts Biotechnology Council, Inc. & Biotechnology Innovation Organization filed by Attorney Douglas Hallward-Driemeier. Certificate of service dated 03/23/2020. [20-1161] (DHH) [Entered: 03/23/2020 06:44 PM] |
| NOTICE of appearance on behalf of Movant(s) Medicare Advocacy Project, Greater Boston Legal Services filed by Attorney Radhika Bhattacharya. Certificate of service dated 03/19/2020. [20-1161] (RB) [Entered: 03/19/2020 01:12 PM] |
| MOTION for leave to file amicus curiae brief in support of Appellant filed by Movant(s) Medicare Advocacy Project, Greater Boston Legal Services. Certificate of service dated 03/17/2020. [20-1161] (RB) [Entered: 03/17/2020 11:29 PM] |
| NOTICE issued. After 03/31/2020, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Nancy Lorenz for Medicare Advocacy Project and Donna M. McCormick for Medicare Advocacy Project. [20-1161] (ALW) [Entered: 03/17/2020 12:33 PM] |
| NOTICE of appearance on behalf of Movant(s) Center for Medicare Advocacy, Inc. filed by Attorney Wey-Wey E. Kwok. Certificate of service dated 03/17/2020. [20-1161] (WK) [Entered: 03/17/2020 09:11 AM] |
| MOTION for leave to file amicus curiae brief in support of Appellant filed by Movant(s) Center for Medicare Advocacy, Inc.. Certificate of service dated 03/16/2020. [20-1161] (AB) [Entered: 03/16/2020 02:22 PM] |
| AMICUS CURIAE BRIEF tendered by Biotechnology Innovation Organization and Massachusetts Biotechnology Council. [20-1161] (DHH) [Entered: 03/16/2020 08:47 PM] |
| NOTICE of appearance on behalf of Movant(s) Center for Medicare Advocacy, Inc. filed by Attorney Alice Bers. Certificate of service dated 03/16/2020. [20-1161] (AB) [Entered: 03/16/2020 02:17 PM] |
| NINE (9) paper copies of appellant/petitioner brief [ # 6323302-2 ] submitted by Appellant Akebia Therapeutics, Inc. [20-1161] (ATC) [Entered: 03/10/2020 02:50 PM] |
| APPELLANT'S BRIEF filed by Appellant Akebia Therapeutics, Inc.. Certificate of service dated 03/09/2020. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 03/17/2020 . Brief due 04/08/2020 for APPELLEES Alex Michael Azar II, Centers for Medicare and Medicaid Services, Department of Health and Human Services and Seema Verma. [20-1161] (LIM) [Entered: 03/10/2020 08:24 AM] |
| BRIEF tendered by Appellant Akebia Therapeutics, Inc.. [20-1161] (BB) [Entered: 03/09/2020 08:22 PM] |
| APPENDIX filed by Appellant Akebia Therapeutics, Inc.. Number of volumes: 2. Number of copies: 5. Certificate of service dated 03/09/2020. [20-1161] (LIM) [Entered: 03/10/2020 08:51 AM] |
| PLEADING tendered: FIVE (5) Paper copies of sealed supplemental appendix filed provisionally under seal filed by Appellant Akebia Therapeutics, Inc.. Certificate of service dated 03/09/2020. [20-1161] (LIM) [Entered: 03/10/2020 09:02 AM] |
| ASSENTED TO MOTION to file supplemental appendix under seal filed by Appellant Akebia Therapeutics, Inc. Certificate of service dated 03/09/2020. [20-1161] (ALW) [Entered: 03/17/2020 05:00 PM] |
| NOTICE of appearance on behalf of Appellant Akebia Therapeutics, Inc. filed by Attorney Seth P. Waxman. Certificate of service dated 02/25/2020. [20-1161] (SPW) [Entered: 02/25/2020 12:10 PM] |
| NOTICE of appearance on behalf of Appellant Akebia Therapeutics, Inc. filed by Attorney Seth P. Waxman. Certificate of service dated 02/25/2020. [20-1161] (SPW) [Entered: 02/25/2020 12:12 PM] |
| TRANSCRIPT ordered: 12/19/2019, Motion Hearing. Transcript due 03/26/2020 from Court Reporter Rachel Lopez [20-1161] (RMK) [Entered: 02/25/2020 12:20 PM] |
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ORDER entered by Rogeriee Thompson, Appellate Judge: Appellant has filed an unopposed Motion to Expedite Appeal which is allowed to the following extent: appellant shall file its brief within two weeks of the date of this order; appellees shall file their brief within thirty days after service of the opening appellant brief; appellant shall file its reply brief within two weeks after service of the appellees' brief. Oral argument, if appropriate, will be scheduled in due course. [20-1161] (ALW) [Entered: 02/24/2020 10:40 AM]
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| EXPEDITED briefing schedule set. Brief and Appendix due 03/09/2020 for appellant Akebia Therapeutics, Inc. [20-1161] (ALW) [Entered: 02/24/2020 11:44 AM] |
| TRANSCRIPT report/order form filed by Appellant Akebia Therapeutics, Inc. indicating transcripts are being ordered. Certificate of service dated 02/24/2020. [20-1161] (LBS) [Entered: 02/24/2020 03:33 PM] |
| NOTICE of appearance on behalf of Appellees Alex Michael Azar, II, Centers for Medicare and Medicaid Services, Department of Health and Human Services and Seema Verma filed by Attorney Abby C. Wright. Certificate of service dated 02/21/2020. [20-1161] (ACW) [Entered: 02/21/2020 12:41 PM] |
| NOTICE of appearance on behalf of Appellees Alex Michael Azar, II, Centers for Medicare and Medicaid Services, Department of Health and Human Services and Seema Verma filed by Attorney Sarah E. Weiner. Certificate of service dated 02/21/2020. [20-1161] (SW) [Entered: 02/21/2020 12:16 PM] |
| NOTICE of appearance on behalf of Appellant Akebia Therapeutics, Inc. filed by Attorney Leon T. Kenworthy. Certificate of service dated 02/19/2020. [20-1161] (LK) [Entered: 02/19/2020 02:22 PM] |
| NOTICE of appearance on behalf of Appellant Akebia Therapeutics, Inc. filed by Attorney Brian M. Boynton. Certificate of service dated 02/19/2020. [20-1161] (BB) [Entered: 02/19/2020 02:20 PM] |
| NOTICE of appearance on behalf of Appellant Akebia Therapeutics, Inc. filed by Attorney Bruce S. Manheim. Certificate of service dated 02/19/2020. [20-1161] (BSM) [Entered: 02/19/2020 02:16 PM] |
| NOTICE of appearance on behalf of Appellant Akebia Therapeutics, Inc. filed by Attorney Lindsey B. Silver. Certificate of service dated 02/19/2020. [20-1161] (LBS) [Entered: 02/19/2020 02:25 PM] |
| DOCKETING statement filed by Appellant Akebia Therapeutics, Inc.. Certificate of service dated 02/19/2020. [20-1161] (BB) [Entered: 02/19/2020 04:08 PM] |
| MOTION to expedite Appeal filed by Appellant Akebia Therapeutics, Inc.. Certificate of service dated 02/19/2020. [20-1161] (BB) [Entered: 02/19/2020 06:38 PM] |
| DISCLOSURE statement filed by Appellant Akebia Therapeutics, Inc.. Certificate of service dated 02/19/2020. [20-1161] (BB) [Entered: 02/19/2020 06:34 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #73) filed by Appellant Akebia Therapeutics, Inc. Docketing Statement, Transcript Report/Order form, and Appearance form due 03/04/2020. [20-1161]. (ALW) [Entered: 02/19/2020 01:34 PM] |
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