Lax, et al v. APP of New Mexico ED
| LOVELACE HEALTH SYSTEM, LLC |
| BRIAN LAX, TRACY BURON-HAHNLEIN, WERNER HAHNLEIN and JEREMY HADER |
| APP OF NEW MEXICO ED, PLLC, FKA Alignmd of New Mexico, PLLC |
| 22-2057 |
| May 10, 2022 |
| U.S. Court of Appeals, Tenth Circuit |
| Other Contract Actions |
Opinions
We have the following opinions for this case:
| Description |
|---|
| Lax, et al. v. APP of New Mexico ED |
Docket Report
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This docket was last retrieved on June 24, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| [10922063] Order filed by Clerk at the direction of the Court - This matter comes before the court on its own motion. These are appeals from the district courts order remanding a class action to state court. The provisions of the Class Action Fairness Act governing appeals from such orders provide that the court of appeals must complete all action on such appeals not later than 60 days after the date on which the appeal was filed. See 28 U.S.C. 1453(c)(2). The 60-day period will expire on July 8, 2022. But for good cause shown and in the interests of justice, the time for entry of judgment may be extended ten days. See id. 1453(c)(3)(B). The court finds that a ten-day extension is warranted here for good cause shown and in the interests of justice. At the direction of the court, the time for entry of judgment is therefore extended for ten days beyond the prescribed 60-day period. Served on 06/24/2022. [22-2057, 22-2058] [Entered: 06/24/2022 11:31 AM] |
| [10918837] Paper copies of reply brief received from APP of New Mexico ED, PLLC and Lovelace Health System, LLC. [22-2057, 22-2058] [Entered: 06/09/2022 12:18 PM] |
| [10918574] Notice of deficient paper copies of appellants reply brief received from APP of New Mexico ED, PLLC in 22-2057, Lovelace Health System, LLC in 22-2058. Type of deficiency: The hard copies are double sided. See attached letter for specifics. Paper copies due 06/13/2022 [22-2057, 22-2058] [Entered: 06/08/2022 11:19 AM] |
| [10918236] Minute order filed - the reply brief submitted by appellants is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing. Paper copies of appellants' reply brief due 06/14/2022 by APP of New Mexico ED, PLLC and Lovelace Health System, LLC. (Text Only - No Attachment) [22-2057, 22-2058] [Entered: 06/07/2022 09:55 AM] |
| [10918228] Appellant/Petitioner's reply brief filed by Lovelace Health System, LLC in 22-2058, APP of New Mexico ED, PLLC. Served on 06/07/2022. Manner of Service: email. Word/page count: 6115. This pleading complies with all required privacy and virus certifications: Yes. [22-2057, 22-2058] JMB [Entered: 06/07/2022 09:45 AM] |
| [10917734] Paper copies of appellees' brief received from Tracy Buron-Hahnlein, Jeremy Hader, Werner Hahnlein and Brian Lax. [22-2057, 22-2058] [Entered: 06/03/2022 01:53 PM] |
| [10916844] Minute order filed - the response brief submitted by appellees is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing. Appellants' optional reply brief now due 06/07/2022 for APP of New Mexico ED, PLLC and Lovelace Health System, LLC. Paper copies of appellees' brief due 06/08/2022 by Tracy Buron-Hahnlein, Jeremy Hader, Werner Hahnlein, and Brian Lax. (Text Only - No Attachment) [22-2057, 22-2058] [Entered: 06/01/2022 06:36 AM] |
| [10916631] Paper copy of appellants' consolidated joint supplemental appendix received. [22-2057, 22-2058] [Entered: 05/31/2022 12:04 PM] |
| [10916832] Appellee/Respondent's brief filed by Tracy Buron-Hahnlein, Jeremy Hader, Werner Hahnlein and Brian Lax in 22-2057, 22-2058. Served on: 05/31/2022. Manner of service: email. Oral argument requested? No. Word/page count: 28. This pleading complies with all required privacy and virus certifications: Yes. [22-2057, 22-2058] NHM [Entered: 05/31/2022 05:31 PM] |
| [10915540] Paper copies of appellants' brief and consolidated joint appendix received from APP of New Mexico ED, PLLC and Lovelace Health System, LLC. [22-2057, 22-2058] [Entered: 05/25/2022 11:35 AM] |
| [10915205] Minute order filed - The appellants' consolidated joint supplemental appenidx is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing. Paper copy of appellants' consolidated joint supplemental appendix due 06/01/2022 by Lovelace Health System, LLC . (Text Only - No Attachment) [22-2057, 22-2058] [Entered: 05/24/2022 09:22 AM] |
| [10915180] Supplemental appendix filed by Lovelace Health System, LLC in 22-2058. Total number of volumes filed: 1. Served on 05/24/2022. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-2057, 22-2058] JMB [Entered: 05/24/2022 08:13 AM] |
| [10914889] Minute order filed - the brief and appendix submitted by appellants is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filings, including all attachments and number of volumes of appendices. Per the court's order of 5/10/22, Appellee's brief now due 05/31/2022 for Tracy Buron-Hahnlein, Jeremy Hader, Werner Hahnlein and Brian Lax. Paper copies of appellants' brief and appendix due 05/31/2022 by APP of New Mexico ED, PLLC and Lovelace Health System, LLC. (Text Only - No Attachment) [22-2057, 22-2058] [Entered: 05/23/2022 08:40 AM] |
| [10914906] Notice filed that the 01/27/2022 hearing transcript was filed by Paul Baca in 22-2057 and 22-2058 in district court on 05/18/2022. Manner of Service: email. [22-2057, 22-2058] [Entered: 05/23/2022 09:30 AM] |
| [10914907] Filed notice record is complete. Served on 05/23/2022. [22-2057, 22-2058] [Entered: 05/23/2022 09:32 AM] |
| [10914830] Appellant/Petitioner's brief filed by Lovelace Health System, LLC in 22-2058, APP of New Mexico ED, PLLC. Served on 05/20/2022 by email. Oral argument requested? Yes. Word/page count: 8182. This pleading complies with all required privacy and virus certifications: Yes. [22-2057, 22-2058] JMB [Entered: 05/20/2022 04:23 PM] |
| [10914827] Appellant's appendix filed by Lovelace Health System, LLC in 22-2058. Total number of volumes filed: 3. Served on 05/20/2022. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-2057, 22-2058] JMB [Entered: 05/20/2022 04:07 PM] |
| [10914614] Order filed by Clerk of the Court granting appellants' unopposed motion for extension of time to file complete transcript and supplemental joint appendix. Supplemental joint appendix due 05/25/2022 for APP of New Mexico ED, PLLC and Lovelace Health System, LLC. See order for details. Served on 05/20/2022. [22-2057, 22-2058] [Entered: 05/20/2022 09:36 AM] |
| [10914553] Motion filed by Appellant Lovelace Health System, LLC in 22-2058, APP of New Mexico ED, PLLC to extend time to file transcript until 05/25/2022, to file supplemental appendix. Served on: 05/19/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-2057, 22-2058] JMB [Entered: 05/19/2022 04:14 PM] |
| [10912836] Acknowledgment of transcript order filed by APP of New Mexico ED, PLLC in 22-2057. Transcript ordered: Served on: 05/12/2022. Manner of Service: email. [22-2057, 22-2058] FA [Entered: 05/12/2022 01:43 PM] |
| [10912845] Minute order filed - Notice due that record is complete by 05/19/2022 for Mitchell R. Elfers, Clerk of Court (oclk). (Text Only - No Attachment) [22-2057] [Entered: 05/12/2022 01:57 PM] |
| [10912892] Transcript order form filed by Paul Baca in 22-2058 as contained in the transcript order acknowledgment form. Transcript due 05/18/2022 for Paul Baca, Court Reporter. [text only entry] [22-2057, 22-2058] [Entered: 05/12/2022 03:11 PM] |
| [10912481] Entry of appearance filed by Nicholas Mecsas-Faxon for Lovelace Health System, LLC in 22-2057 and 22-2058. CERT. OF INTERESTED PARTIES: y. Served on 05/11/2022. Manner of Service: email [22-2057, 22-2058] [Entered: 05/11/2022 01:47 PM] |
| [10912475] Entry of appearance submitted by Nicholas Mecsas-Faxon for Not Party Lovelace Health System, LLC in 22-2057, Appellant Lovelace Health System, LLC in 22-2058 for court review. Certificate of Interested Parties: Yes. Served on 05/11/2022. Manner of Service: email. [22-2057, 22-2058] [Edited to remove PDF as pleading has been filed-- Edited 05/11/2022 by NA] NM [Entered: 05/11/2022 01:40 PM] |
| [10912473] Entry of appearance submitted by Jeremy M. Bylund; Amy R. Upshaw for Not Party Lovelace Health System, LLC in 22-2057, Appellant Lovelace Health System, LLC in 22-2058 for court review. Certificate of Interested Parties: Yes. Served on 05/11/2022. Manner of Service: email.--[Edited 05/11/2022 by JJH to remove pdf as pleading filed 05/11/2022] [22-2057, 22-2058] JMB [Entered: 05/11/2022 01:36 PM] |
| [10912493] Entry of appearance submitted by Charles R. Peifer; Robert E. Hanson for Appellant Lovelace Health System, LLC in 22-2058 for court review. Certificate of Interested Parties: No. Served on 05/11/2022. Manner of Service: email. [22-2057, 22-2058] [Edited to remove PDF as pleading has been filed-- Edited 05/11/2022 by NA] REH [Entered: 05/11/2022 02:08 PM] |
| [10912510] Entry of appearance filed by Mr. Robert E. Hanson and Mr. Charles Robert Peifer, Esq. for Lovelace Health System, LLC in 22-2057 and 22-2058. CERT. OF INTERESTED PARTIES: n (note, the interested parties listed have been previously disclosed). Served on 05/11/2022. Manner of Service: email [22-2057, 22-2058] [Entered: 05/11/2022 02:29 PM] |
| [10912494] Entry of appearance filed by Amy R. Upshaw and Mr. Jeremy Michael Bylund for Lovelace Health System, LLC . CERT. OF INTERESTED PARTIES: y (interested parties have already been disclosed). Served on 05/11/2022. Manner of Service: email [22-2057, 22-2058] [Entered: 05/11/2022 02:12 PM] |
| [10912570] Entry of appearance submitted by Frank Alvarez for Appellant APP of New Mexico ED, PLLC in 22-2057, Not Party APP of New Mexico ED, PLLC in 22-2058 for court review. Certificate of Interested Parties: Yes. Served on 05/11/2022. Manner of Service: email.--[Edited 05/12/2022 by JJH to remove pdf as pleading filed 05/11/2022] [22-2057, 22-2058] FA [Entered: 05/11/2022 04:17 PM] |
| [10912591] Entry of appearance filed by Frank Alvarez for APP of New Mexico ED, PLLC and APP of New Mexico ED, PLLC in 22-2057, 22-2058. CERT. OF INTERESTED PARTIES: y. Served on 05/11/2022. Manner of Service: email [22-2057, 22-2058] [Entered: 05/12/2022 06:59 AM] |
| [10912218] Order filed by Clerk of the Court consolidating appeals - The preliminary document requirements and deadlines set in the case opening letters of 05/10/2022 are VACATED. Appellants need not file docketing statements. On or before 05/13/2022, counsel for all parties shall enter their appearances. On or before 05/13/2022 appellants shall file transcript order forms or notices that no transcripts are necessary. Appellants consolidated brief and appendix are due on 05/20/2022. Appellees single consolidated response brief is due 05/31/2022. Appellants consolidated reply brief is due 06/07/2022. See attached order for further instructions and details. Served on 05/10/2022. [22-2057, 22-2058] [Entered: 05/10/2022 02:02 PM] |
| [10912242] Entry of appearance submitted by Nicholas H. Mattison and Richard N. Feferman for Appellees Tracy Buron-Hahnlein, Jeremy Hader, Werner Hahnlein and Brian Lax in 22-2057, 22-2058 for court review. Certificate of Interested Parties: No. Served on 05/10/2022. Manner of Service: email. --[Edited 05/10/2022 by SDS to remove pdf from entry as the pleading has been filed] [22-2057, 22-2058] NHM [Entered: 05/10/2022 03:29 PM] |
| [10912243] Entry of appearance filed by Mr. Richard N. Feferman and Mr. Nicholas Hagen Mattison for Brian Lax, Tracy Buron-Hahnlein, Werner Hahnlein and Jeremy Hader in 22-2057, 22-2058. CERT. OF INTERESTED PARTIES: n. Served on 05/10/2022. Manner of Service: email. [22-2057, 22-2058] [Entered: 05/10/2022 03:35 PM] |
| [10912136] Civil case docketed. Preliminary record filed. DATE RECEIVED: 05/10/2022. Docketing statement due 05/24/2022 for APP of New Mexico ED, PLLC. Transcript order form due 05/24/2022 for APP of New Mexico ED, PLLC. Notice of appearance due on 05/24/2022 for APP of New Mexico ED, PLLC, Tracy Buron-Hahnlein, Jeremy Hader, Werner Hahnlein, and Brian Lax. [22-2057] [Entered: 05/10/2022 09:35 AM] |
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