Does, et al v. Mills, et al
| AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION OF MAINE, DISCIPLES CENTER FOR PUBLIC WITNESS, DISCIPLES JUSTICE ACTION NETWORK, EQUAL PARTNERS IN FAITH, INTERFAITH ALLIANCE FOUNDATION, METHODIST FEDERATION FOR SOCIAL ACTION, MUSLIM ADVOCATES, NATIONAL COUNCIL OF JEWISH WOMEN and RECONSTRUCTIONIST RABBINICAL ASSOCIATION |
| JOHN DOES, 1-3, JACK DOES, 1-1000, JANE DOES, 1-6 and JOAN DOES, 1-1000 |
| JANET T. MILLS, in her official capacity as Governor of the State of Maine, JEANNE LAMBREW, NIRAV D. SHAH, in his official capacity as Director of the Maine Center for Disease Control and Prevention, MAINEHEALTH, GENESIS HEALTHCARE OF MAINE LLC, GENESIS HEALTHCARE LLC, NORTHERN LIGHT HEALTH FOUNDATION and MAINEGENERAL HEALTH |
| GLOBAL JUSTICE INSTITUTE and METROPOLITAN COMMUNITY CHURCHES |
| 21-1826 |
| October 14, 2021 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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This docket was last retrieved on November 19, 2021. A more recent docket listing may be available from PACER.
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ERRATA issued by court to opinion (published) [ # 6453714-2 ]. [21-1826] (SBT) [Entered: 11/19/2021 10:16 AM]
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U.S. SUPREME COURT NOTICE advising a petition for a writ of certiorari was filed on 11/11/2021 and assigned case number 21-717. [21-1826] (GAK) [Entered: 11/17/2021 04:34 PM]
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MANDATE issued. [21-1826] (GB) [Entered: 11/09/2021 05:55 AM]
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NINE (9) paper copies of amicus brief [ # 6453546-2 ] submitted by Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Maine, Americans United for Separation of Church and State, Disciples Center For Public Witness, Disciples Justice Action Network, Equal Partners In Faith, Global Justice Institute, Interfaith Alliance Foundation, Methodist Federation for Social Action, Metropolitan Community Churches, Muslim Advocates, National Council of Jewish Women and Reconstructionist Rabbinical Association. [21-1826] (LIM) [Entered: 10/21/2021 11:29 AM]
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NINE (9) paper copies of appellee/respondent brief [ # 6453365-2 ] submitted by Appellees Jeanne Lambrew, Janet T. Mills and Doctor Nirav D. Shah. [21-1826] (AJ) [Entered: 10/20/2021 11:23 AM]
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URLs Cited in Court Opinion dated 10/19/2021 [ # 6453714-2 ]. [21-1826] (GAK) [Entered: 10/20/2021 09:24 AM]
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NINE (9) paper copies of appellee/respondent brief [ # 6453336-2 ] submitted by Appellees Genesis Healthcare LLC, Genesis Healthcare of Maine LLC, MaineGeneral Health and MaineHealth. [21-1826] (AJ) [Entered: 10/20/2021 11:42 AM]
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NINE (9) paper copies of appellant/petitioner brief [ # 6453356-2 ] submitted by Appellants Jack Does, Jane Does, Joan Does and John Does. [21-1826] (AJ) [Entered: 10/20/2021 11:58 AM]
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NINE (9) paper copies of appellee/respondent brief [ # 6453343-2 ] submitted by Appellee Northern Light Health Foundation. [21-1826] (AJ) [Entered: 10/20/2021 11:47 AM]
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DISCLOSURE statement filed by Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Maine, Americans United for Separation of Church and State, Disciples Center For Public Witness, Disciples Justice Action Network, Equal Partners In Faith, Global Justice Institute, Interfaith Alliance Foundation, Methodist Federation for Social Action, Metropolitan Community Churches, Muslim Advocates, National Council of Jewish Women and Reconstructionist Rabbinical Association. Certificate of service dated 10/18/2021. [21-1826] (GAK) [Entered: 10/19/2021 12:47 PM]
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NOTICE of Subsequent Proceedings in United States Supreme Court filed by Appellants John Does, Joan Does, Jane Does and Jack Does. Certificate of service dated 10/19/2021. [21-1826] (DJS) [Entered: 10/19/2021 05:53 PM]
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ORDER entered by Jeffrey R. Howard, Chief Appellate Judge. Upon consideration of the unopposed motion for leave to file an amicus curiae brief filed by Americans United for Separation of Church and State et al. on October 18, 2021, the motion is granted. The amicus curiae brief tendered with the motion is accepted for filing. [21-1826] (GAK) [Entered: 10/19/2021 11:25 AM]
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AMICUS CURIAE BRIEF filed by Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Maine, Americans United for Separation of Church and State, Disciples Center For Public Witness, Disciples Justice Action Network, Equal Partners In Faith, Global Justice Institute, Interfaith Alliance Foundation, Methodist Federation for Social Action, Metropolitan Community Churches, Muslim Advocates, National Council of Jewish Women and Reconstructionist Rabbinical Association in support of Appellees. Certificate of service dated 10/18/2021. 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 10/22/2021 . [21-1826] (GAK) [Entered: 10/19/2021 11:30 AM]
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JUDGMENT. The district court's order denying a preliminary injunction is affirmed. [21-1826] (SBT) [Entered: 10/19/2021 06:53 PM]
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OPINION issued by Jeffrey R. Howard, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge and David J. Barron, Appellate Judge. Published. [21-1826] (SBT) [Entered: 10/19/2021 06:47 PM]
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CASE submitted. Panel: Sandra L. Lynch, Appellate Judge; Jeffrey R. Howard, Chief Appellate Judge; David J. Barron, Appellate Judge. [21-1826] (SBT) [Entered: 10/19/2021 06:37 PM]
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NOTICE of appearance on behalf of Movant(s) Global Justice Institute, Metropolitan Community Churches (amended appearance form adding this proposed amicus; please see attachment to appearance form for list of previously-represented proposed amici, representation of which continues). filed by Attorney Alex J. Luchenitser. Certificate of service dated 10/18/2021. [21-1826] (AJL) [Entered: 10/18/2021 04:04 PM]
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BRIEF tendered by Appellee Northern Light Health Foundation. [21-1826] (RPD) [Entered: 10/18/2021 04:28 PM]
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MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) Americans United for Separation of Church and State; American Civil Liberties Union; American Civil Liberties Union of Maine; Disciples Center for Public Witness; Disciples Justice Action Network; Equal Partners in Faith; see motion cover for more amici. Certificate of service dated 10/18/2021. [21-1826] (AJL) [Entered: 10/18/2021 03:47 PM]
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ORDER entered by Jeffrey R. Howard, Chief Appellate Judge, granting motion to waive filing an appendix. [21-1826] (GAK) [Entered: 10/18/2021 03:10 PM]
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NOTICE of appearance on behalf of Appellee Northern Light Health Foundation filed by Attorney Katherine L. Porter. Certificate of service dated 10/18/2021. [21-1826] (KLP) [Entered: 10/18/2021 12:38 PM]
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APPELLEES' BRIEF filed by Appellees Genesis Healthcare LLC, Genesis Healthcare of Maine LLC, MaineGeneral Health and MaineHealth. Certificate of service dated 10/18/2021. 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 10/21/2021 . [21-1826] (LIM) [Entered: 10/18/2021 04:34 PM]
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BRIEF tendered by Appellees MaineHealth, Genesis Healthcare of Maine LLC, Genesis Healthcare LLC and MaineGeneral Health. [21-1826] (JRE) [Entered: 10/18/2021 03:45 PM]
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DISCLOSURE statement filed by Appellee Northern Light Health Foundation. Certificate of service dated 10/18/2021. [21-1826] (LIM) [Entered: 10/18/2021 04:46 PM]
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APPELLEES' BRIEF filed by Appellees Jeanne Lambrew, Janet T. Mills and Doctor Nirav D. Shah. Certificate of service dated 10/18/2021. 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 10/21/2021 . [21-1826] (LIM) [Entered: 10/18/2021 05:06 PM]
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NOTICE of appearance on behalf of Movants American Civil Liberties Union and American Civil Liberties Union of Maine filed by Attorney Emma E. Bond. Certificate of service dated 10/18/2021. [21-1826] (EB) [Entered: 10/18/2021 12:07 PM]
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APPELLANTS' BRIEF filed by Appellants Jack Does, Jane Does, Joan Does and John Does. Certificate of service dated 10/18/2021. 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 10/21/2021 . [21-1826] (LIM) [Entered: 10/18/2021 05:00 PM]
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BRIEF tendered by Appellees Jeanne Lambrew, Janet T. Mills and Doctor Nirav D. Shah. [21-1826] (KLP) [Entered: 10/18/2021 04:52 PM]
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APPELLEE'S BRIEF filed by Appellee Northern Light Health Foundation. Certificate of service dated 10/18/2021. 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 10/21/2021 . [21-1826] (LIM) [Entered: 10/18/2021 04:45 PM]
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BRIEF tendered by Appellants Jack Does, Jane Does, Joan Does and John Does. [21-1826] (DJS) [Entered: 10/18/2021 04:48 PM]
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DISCLOSURE statement filed by Appellees Genesis Healthcare LLC, Genesis Healthcare of Maine LLC, MaineGeneral Health and MaineHealth. Certificate of service dated 10/18/2021. [21-1826] (LIM) [Entered: 10/18/2021 04:35 PM]
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JOINT MOTION to waive filing an appendix filed by Appellees Jeanne Lambrew, Janet T. Mills and Doctor Nirav D. Shah. Certificate of service dated 10/18/2021. [21-1826] CLERK'S NOTE: Relief selection was incorrect incomplete and to modify the docket text. Correction made by clerk's office. No further action required. (KLP) [Entered: 10/18/2021 11:36 AM]
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RESPONSE filed by Appellee Northern Light Health Foundation to motion for injunction pending appeal [ # 6452486-2 ]. Certificate of service dated 10/15/2021. [21-1826] (RPD) [Entered: 10/15/2021 09:59 AM]
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REPLY filed by Appellants Jack Does, Jane Does, Joan Does and John Does to response [ # 6452743-2 ], response [ # 6452745-2 ], response [ # 6452748-2 ], response [ # 6452770-2 ]. Certificate of service dated 10/15/2021. [21-1826] (HGM) [Entered: 10/15/2021 10:12 AM]
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DISCLOSURE statement filed by Appellee Northern Light Health Foundation. [21-1826] (DK) [Entered: 10/15/2021 10:22 AM]
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DISCLOSURE statement filed by Movants American Civil Liberties Union, American Civil Liberties Union of Maine, Americans United for Separation of Church and State, Disciples Center For Public Witness, Disciples Justice Action Network, Equal Partners In Faith, Interfaith Alliance Foundation, Methodist Federation for Social Action, Muslim Advocates, National Council of Jewish Women and Reconstructionist Rabbinical Association. Certificate of service dated 10/15/2021. [21-1826] (GAK) [Entered: 10/15/2021 09:32 AM]
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RESPONSE filed by Appellee Northern Light Health Foundation to motion for injunction pending appeal [ # 6452486-2 ]. Certificate of service dated 10/15/2021. [21-1826] (RPD) [Entered: 10/15/2021 09:07 AM]
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MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) Americans United for Separation of Church and State; American Civil Liberties Union; American Civil Liberties Union of Maine; Disciples Center for Public Witness; Disciples Justice Action Network; Equal Partners in Faith; see cover page for more amici. Certificate of service dated 10/15/2021. [21-1826] (AJL) [Entered: 10/15/2021 01:17 AM]
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NOTICE of appearance on behalf of Movant(s) Americans United for Separation of Church and State; American Civil Liberties Union; American Civil Liberties Union of Maine; Disciples Center for Public Witness; Disciples Justice Action Network; see attachment to appearance form for more amici filed by Attorney Alex J. Luchenitser. Certificate of service dated 10/15/2021. [21-1826] (AJL) [Entered: 10/15/2021 01:30 AM]
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RESPONSE filed by Appellees Genesis Healthcare LLC, Genesis Healthcare of Maine LLC, MaineGeneral Health and MaineHealth to motion for injunction pending appeal [ # 6452486-2 ]. Certificate of service dated 10/15/2021. [21-1826] (JRE) [Entered: 10/15/2021 08:42 AM]
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DISCLOSURE statement filed by Appellees MaineHealth, Genesis Healthcare of Maine LLC, Genesis Healthcare LLC and MaineGeneral Health. Certificate of service dated 10/15/2021. [21-1826] (JRE) [Entered: 10/15/2021 10:22 AM]
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RESPONSE filed by Appellees Janet T. Mills, Jeanne Lambrew and Doctor Nirav D. Shah to motion for injunction pending appeal [ # 6452486-2 ]. Certificate of service dated 10/15/2021. [21-1826] (KLP) [Entered: 10/15/2021 08:54 AM]
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NOTICE of appearance on behalf of Movant(s) American Civil Liberties Union and American Civil Liberties Union of Maine filed by Attorney Heather Weaver. Certificate of service dated 10/15/2021. [21-1826] (HLW) [Entered: 10/15/2021 02:11 PM]
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NOTICE of appearance on behalf of Appellees Jeanne Lambrew, Janet T. Mills and Doctor Nirav D. Shah filed by Attorney Valerie A. Wright. Certificate of service dated 10/15/2021. [21-1826] (VAW) [Entered: 10/15/2021 02:32 PM]
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DISCLOSURE statement filed by Appellee Northern Light Health Foundation. Certificate of service dated 10/15/2021. [21-1826] (GAK) [Entered: 10/15/2021 10:40 AM]
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NOTICE of appearance on behalf of Movant(s) American Civil Liberties Union; American Civil Liberties Union of Maine filed by Attorney Emma E. Bond. Certificate of service dated 10/15/2021. [21-1826] CLERK'S NOTE: The signature on the document does not match the name of the ECF filer under whose login and password the document was filed. ATTORNEY EMMA E. BOND IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS (10/20/21). (ZH) [Entered: 10/15/2021 01:41 PM]
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NOTICE of appearance on behalf of Movant(s) American Civil Liberties Union and American Civil Liberties Union of Maine filed by Attorney Daniel Mach. Certificate of service dated 10/15/2021. [21-1826] (DM) [Entered: 10/15/2021 02:09 PM]
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ORDER entered by Jeffrey R. Howard, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge and David J. Barron, Appellate Judge. The appellants' emergency motion for an injunction pending appeal is denied. [21-1826] (GAK) [Entered: 10/15/2021 12:55 PM]
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ORDER entered by Jeffrey R. Howard, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge and David J. Barron, Appellate Judge. The motion for leave to file amicus curiae brief in opposition to the emergency motion for an injunction pending appeal is denied as moot. [21-1826] (GAK) [Entered: 10/15/2021 12:59 PM]
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NOTICE of appearance on behalf of Movant(s) American Civil Liberties Union; American Civil Liberties Union of Maine filed by Attorney Zachary L. Heiden. Certificate of service dated 10/15/2021. [21-1826] (ZH) [Entered: 10/15/2021 01:38 PM]
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ORDER entered. Defendant-appellees shall file their response to Plaintiff-Appellants' Emergency Motion for Injunction Pending Appeal by 9:00 a.m. on Friday, October 15, 2021. No extensions will be allowed. [21-1826] (GAK) [Entered: 10/14/2021 12:17 PM]
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NOTICE of appearance on behalf of Appellants Jack Does, Jane Does, Joan Does and John Does filed by Attorney Horatio Mihet. Certificate of service dated 10/14/2021. [21-1826] (HGM) [Entered: 10/14/2021 11:46 AM]
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NOTICE of appearance on behalf of Appellants Jack Does, Jane Does, Joan Does and John Does filed by Attorney Roger K. Gannam. Certificate of service dated 10/14/2021. [21-1826] (RKG) [Entered: 10/14/2021 11:42 AM]
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NOTICE of appearance on behalf of Appellants Jack Does, Jane Does, John Does and Joan Does filed by Attorney Daniel J. Schmid. Certificate of service dated 10/14/2021. [21-1826] (DJS) [Entered: 10/14/2021 11:39 AM]
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NOTICE of appearance on behalf of Appellees Jeanne Lambrew, Janet T. Mills and Doctor Nirav D. Shah filed by Attorney Kimberly L. Patwardhan. Certificate of service dated 10/14/2021. [21-1826] (KLP) [Entered: 10/14/2021 01:58 PM]
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EMERGENCY MOTION for injunction pending appeal filed by Appellants Jack Does, Jane Does, Joan Does and John Does. Certificate of service dated 10/14/2021. [21-1826] (DJS) [Entered: 10/14/2021 11:01 AM]
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ORDER entered by Jeffrey R. Howard, Chief Appellate Judge: The briefing schedule for plaintiffs' appeal from the denial of their motion for preliminary injunction will be as follows: the parties shall file their briefs on the merits on or before Monday, October 18, 2021, at 5 p.m. In light of plaintiffs' claims of exigency, it is our intention to decide the appeal on the papers as soon as we are able. No extensions of the deadline should be expected. (DO) [Entered: 10/14/2021 06:18 PM]
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EXPEDITED briefing schedule set. The briefing schedule for plaintiffs' appeal from the denial of their motion for preliminary injunction will be as follows: the parties shall file their briefs on the merits on or before Monday, October 18, 2021, at 5 p.m. [21-1826] (DO) [Entered: 10/14/2021 06:23 PM]
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CIVIL CASE docketed. Notice of appeal (doc. #66) filed by Appellants Jack Does, Jane Does, Joan Does and John Does. Docketing Statement,Transcript Report/Order form, and Appearance form due 10/28/2021. [21-1826] (GAK) [Entered: 10/14/2021 09:29 AM]
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NOTICE of appearance on behalf of Appellees Jeanne Lambrew, Janet T. Mills and Doctor Nirav D. Shah filed by Attorney Thomas Knowlton. Certificate of service dated 10/14/2021. [21-1826] (TAK) [Entered: 10/14/2021 04:55 PM]
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NOTICE of appearance on behalf of Appellees MaineGeneral Health, MaineHealth, Genesis Healthcare LLC and Genesis Healthcare of Maine LLC filed by Attorney Katharine I. Rand. Certificate of service dated 10/14/2021. [21-1826] (KIR) [Entered: 10/14/2021 03:46 PM]
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NOTICE of appearance on behalf of Appellees MaineHealth, Genesis Healthcare of Maine LLC, Genesis Healthcare LLC and MaineGeneral Health filed by Attorney James R. Erwin. Certificate of service dated 10/14/2021. [21-1826] (JRE) [Entered: 10/14/2021 03:42 PM]
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NOTICE of appearance on behalf of Appellee Northern Light Health Foundation filed by Attorney Ryan Dumais. Certificate of service dated 10/14/2021. [21-1826] (RPD) [Entered: 10/14/2021 02:37 PM]
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