Children's Hospital v. Alex Azar, II
| CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS |
| SEEMA VERMA, in her official capacity, Administrator, Centers for Medicare & Medicaid Services, ALEX M. AZAR, II, in his official capacity, Secretary, Department of Health and Human Services, ERIC HARGAN, in his official capacity, Acting Secretary, Department of Health and Human Services and CENTERS FOR MEDICARE AND MEDICAID SERVICES |
| 17-2237 |
| October 20, 2017 |
| U.S. Court of Appeals, Fourth Circuit |
| Other Statutes |
Docket Report
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| Filing 48 Mandate issued. Referencing: [ # 46 ] published authored Opinion , [ # 47 ] Judgment order. Originating case number: 2:17-cv-00139-RBS-LRL. [17-2237] CP [Entered: 09/14/2018 09:12 AM] |
| Filing 47 JUDGMENT ORDER filed. Decision: Affirmed in part, vacated in part. Originating case number: 2:17-cv-00139-RBS-LRL. Entered on Docket Date: 07/23/2018. [1000333864] Copies to all parties and the district court/agency. [17-2237] CP [Entered: 07/23/2018 09:08 AM] |
| Filing 46 PUBLISHED AUTHORED OPINION filed. Originating case number: 2:17-cv-00139-RBS-LRL. [1000333859]. [17-2237] CP [Entered: 07/23/2018 09:05 AM] |
| Filing 45 ORAL ARGUMENT heard before the Honorable William B. Traxler, Jr., G. Steven Agee and James A Wynn, Jr.. Attorneys arguing case: Ms. Samantha Lee Chaifetz for Appellants Centers for Medicare and Medicaid Services, Eric Hargan and Seema Verma and Ms. Geraldine E. Edens for Appellee Children's Hospital of the King's Daughters. Courtroom Deputy: Cathy Poulsen. [1000291326] [17-2237] CP [Entered: 05/09/2018 12:39 PM] |
| Filing 44 Letter re: [ # 43 ] Supplemental Authorities by Appellants Centers for Medicare and Medicaid Services, Eric Hargan and Seema Verma. [1000290916] [17-2237] Samantha Chaifetz [Entered: 05/08/2018 08:56 PM] |
| Filing 43 SUPPLEMENTAL AUTHORITIES by Appellee Children's Hospital of the King's Daughters. [1000273270]. [17-2237] Geraldine Edens [Entered: 04/09/2018 08:01 PM] |
| Filing 42 ORAL ARGUMENT ACKNOWLEDGMENT by Appellee Children's Hospital of the King's Daughters. Counsel arguing: Geraldine Edens; Christopher Marraro Answering argument time: TBD [1000264093] [17-2237] Geraldine Edens [Entered: 03/26/2018 01:06 PM] |
| Filing 41 ORAL ARGUMENT ACKNOWLEDGMENT by Appellants Centers for Medicare and Medicaid Services, Eric Hargan and Seema Verma. Counsel arguing: Samantha L. Chaifetz Opening argument time: 15 Answering argument time: 20 Rebuttal argument time: 5 [1000262931] [17-2237] Samantha Chaifetz [Entered: 03/23/2018 01:02 AM] |
| Filing 40 CASE CALENDARED for oral argument. Date: 05/09/2018. Registration Time: 8:45 - 9:00. Daily Arguments Begin: 9:30. Oral argument acknowledgment form due within 5 days. [17-2237] JLC [Entered: 03/22/2018 12:13 PM] |
| Filing 39 Receipt of paper copy of REPLY BRIEF filed at [ # 38 ] by Centers for Medicare and Medicaid Services, Eric Hargan and Seema Verma. Number of pages: [36]. Sufficient: Yes. Number of Copies: [4]. Received by clerk date: 03/14/2018. [1000257891] [17-2237] CP [Entered: 03/14/2018 01:29 PM] |
| Filing 38 BRIEF by Appellants Centers for Medicare and Medicaid Services, Eric Hargan and Seema Verma in electronic and paper format. Type of Brief: REPLY. Method of Filing Paper Copies: courier. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 03/09/2018. [1000255686] [17-2237] Samantha Chaifetz [Entered: 03/09/2018 11:34 PM] |
| Filing 37 SUPPLEMENTAL AUTHORITIES by Appellee Children's Hospital of the King's Daughters. [1000255684]. [17-2237] Geraldine Edens [Entered: 03/09/2018 07:55 PM] |
| Filing 36 Additional copies of the RESPONSE BRIEF received from Children's Hospital of the King's Daughters. [17-2237] AC [Entered: 03/07/2018 11:57 AM] |
| Filing 35 COPY FOLLOW-UP NOTICE issued to Children's Hospital of the King's Daughters requesting three additional copies of Response brief. Additional copies due 03/08/2018. [17-2237] AD [Entered: 03/05/2018 12:07 PM] |
| Filing 34 Additional copies of the OPENING BRIEF and JOINT APPENDIX received from Centers for Medicare and Medicaid Services, Eric Hargan and Seema Verma. [17-2237] AD [Entered: 02/28/2018 03:48 PM] |
Filing 33
ORDER filed [1000249879] granting Motion to extend filing time [ # 32 ] Number of days granted: 4., updating/resuming reply brief deadlines. Reply brief due 03/09/2018. Copies to all parties. [17-2237] DL [Entered: 02/28/2018 03:28 PM]
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| Filing 32 MOTION by Appellants Eric Hargan, Seema Verma and Centers for Medicare and Medicaid Services to extend filing time for reply brief until March 9, 2018.. Date and method of service: 02/28/2018 ecf. [1000249627] [17-2237] Samantha Chaifetz [Entered: 02/28/2018 01:00 PM] |
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Filing 31
ORDER filed [1000244463] granting Motion to extend filing time [ # 30 ] Number of days granted: 10, updating/resuming reply brief deadlines. Reply brief due 03/05/2018 Copies to all parties. [17-2237] CP [Entered: 02/20/2018 03:39 PM]
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| Filing 30 MOTION by Appellants Centers for Medicare and Medicaid Services, Eric Hargan and Seema Verma to extend filing time for reply brief until March 5, 2018.. Date and method of service: 02/20/2018 ecf. [1000244443] [17-2237] Samantha Chaifetz [Entered: 02/20/2018 03:30 PM] |
| Filing 29 CASE TENTATIVELY CALENDARED for oral argument during the 5/8/18 - 5/10/18 argument session. Additional copies due: 02/21/2018. Notify Clerk's Office of any scheduling conflict by: 02/26/2018. [17-2237] JLC [Entered: 02/16/2018 03:29 PM] |
| Filing 28 SUPPLEMENTAL AUTHORITIES (FRAP 28(j)) by Appellee Children's Hospital of the King's Daughters. [1000241714]. [17-2237] Geraldine Edens [Entered: 02/14/2018 03:08 PM] |
| Filing 27 RESPONSE BRIEF (PAPER) file-stamped, on behalf of Children's Hospital of the King's Daughters. Number of pages: [68]. Sufficient: YES. Number of Copies: [1]. Entered on Docket Date: 02/13/2018. Received by clerk date: 02/12/2018. [1000240509] [17-2237] CP [Entered: 02/13/2018 11:53 AM] |
| Filing 26 BRIEF by Appellee Children's Hospital of the King's Daughters in electronic and paper format. Type of Brief: RESPONSE. Method of Filing Paper Copies: courier. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 02/09/2018. [1000239120] [17-2237] Geraldine Edens [Entered: 02/09/2018 06:43 PM] |
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Filing 24
ORDER filed [1000222700] granting Motion to extend filing time [ # 23 ], updating/ resuming briefing order deadlines. Response brief due 02/09/2018 Copies to all parties.. [17-2237] CP [Entered: 01/11/2018 01:31 PM]
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| Filing 23 MOTION by Appellee Children's Hospital of the King's Daughters to extend filing time for opening brief until February 9, 2018. Date and method of service: 01/11/2018 ecf. [1000222684] [17-2237] Geraldine Edens [Entered: 01/11/2018 01:02 PM] |
| Filing 22 CORRECTED APPENDIX (PAPER) file-stamped on behalf of Centers for Medicare and Medicaid Services, Eric Hargan and Seema Verma correcting and superseding. Total number of volumes: 1. Total number of pages in all volumes: 279. Total number of sealed volumes: 0. Sufficient? Yes. CD/DVD/Other exhibit? No. Number of Copies: [1]. Entered on Docket Date: 01/03/2018. Received by clerk date: 12/27/2017. [1000217938] [17-2237] CP [Entered: 01/03/2018 01:17 PM] |
| Filing 21 CORRECTED OPENING BRIEF (PAPER) file-stamped on behalf of Centers for Medicare and Medicaid Services, Eric Hargan and Seema Verma correcting and superseding. Number of pages [73]. Number of Copies: [1]. Entered on Docket Date: 01/03/2018. Received by clerk date: 12/27/2017. [1000217933] [17-2237] CP [Entered: 01/03/2018 01:14 PM] |
| Filing 20 Corrected FULL ELECTRONIC APPENDIX and full paper appendix by Appellants Centers for Medicare and Medicaid Services, Eric Hargan and Seema Verma. Method of Filing Paper Copies: mail. Date paper copies mailed dispatched or delivered to court: 12/27/2017. [1000214083] [17-2237] RW [Entered: 12/27/2017 08:13 AM] |
| Filing 19 Corrected BRIEF by Appellants Centers for Medicare and Medicaid Services, Eric Hargan and Seema Verma in electronic and paper format. Type of Brief: OPENING. Method of Filing Paper Copies: mail. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 12/27/2017. [1000214082] [17-2237] RW [Entered: 12/27/2017 08:13 AM] |
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Filing 18
ORDER filed [1000214080] granting Motion to file corrected document [ # 17 ]. Copies to all parties. [17-2237] RW [Entered: 12/27/2017 08:11 AM]
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| Filing 17 MOTION by Appellants Centers for Medicare and Medicaid Services, Eric Hargan and Seema Verma Samantha L. Chaifetz to file a corrected document Description of corrected document: Opening Brief and Joint Appendix. Date and method of service: 12/25/2017 ecf. [1000213962] [17-2237] Samantha Chaifetz [Entered: 12/25/2017 02:46 PM] |
| Filing 16 (ENTRY RESTRICTED) Joint FULL ELECTRONIC APPENDIX and full paper appendix by Appellants Centers for Medicare and Medicaid Services, Eric Hargan and Seema Verma. Method of Filing Paper Copies: not applicable. Date paper copies mailed dispatched or delivered to court: 12/22/2017. [1000213953] [17-2237]--[Edited 12/27/2017 by RW] Samantha Chaifetz [Entered: 12/22/2017 11:59 PM] |
| Filing 15 (ENTRY RESTRICTED) BRIEF by Appellants Eric Hargan, Seema Verma and Centers for Medicare and Medicaid Services in electronic and paper format. Type of Brief: OPENING. Method of Filing Paper Copies: N/A. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 12/22/2017. [1000213952] [17-2237]--[Edited 12/27/2017 by RW] Samantha Chaifetz [Entered: 12/22/2017 11:57 PM] |
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Filing 14
ORDER filed [1000210873] granting Motion to extend filing time [ # 13 ], updating/ resuming briefing order deadlines. Response brief due 01/30/2018 Copies to all parties.. [17-2237] CP [Entered: 12/19/2017 11:09 AM]
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| Filing 13 MOTION by Appellee Children's Hospital of the King's Daughters to extend filing time for response brief until January 30, 2018. Date and method of service: 12/19/2017 ecf. [1000210827] [17-2237] Geraldine Edens [Entered: 12/19/2017 10:40 AM] |
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Filing 12
ORDER filed [1000202085] granting Motion to extend filing time 4 days [ # 11 ], updating/ resuming briefing order deadlines. Opening brief and appendix due 12/22/2017. Response brief due 01/22/2018. Copies to all parties. [17-2237] DL [Entered: 12/04/2017 08:35 AM]
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| Filing 11 MOTION by Appellants Eric Hargan, Seema Verma and Centers for Medicare and Medicaid Services to extend filing time for opening brief until December 22, 2017. Date and method of service: 12/01/2017 ecf. [1000201969] [17-2237] Samantha Chaifetz [Entered: 12/01/2017 11:29 PM] |
| Filing 10 BRIEFING ORDER filed.. Opening Brief and Appendix due 12/18/2017. Response Brief due 01/16/2018 [17-2237] CP [Entered: 11/07/2017 09:48 AM] |
| Filing 9 DOCKETING STATEMENT by Appellants Centers for Medicare and Medicaid Services, Eric Hargan and Seema Verma. [17-2237] Samantha Chaifetz [Entered: 11/03/2017 05:17 PM] |
| Filing 8 APPEARANCE OF COUNSEL (Local Rule 46(c)) by Christopher H. Marraro for Children's Hospital of the King's Daughters.[1000186096] [17-2237] Christopher Marraro [Entered: 11/02/2017 05:20 PM] |
| Filing 7 APPEARANCE OF COUNSEL (Local Rule 46(c)) by Susan F. Harris for Children's Hospital of the King's Daughters.[1000186094] [17-2237] Susan Harris [Entered: 11/02/2017 05:16 PM] |
| Filing 6 DISCLOSURE OF CORPORATE AFFILIATIONS (Local Rule 26.1) by Appellee Children's Hospital of the King's Daughters. Was any question on Disclosure Form answered yes? Yes [1000185906] [17-2237] Geraldine Edens [Entered: 11/02/2017 01:57 PM] |
| Filing 5 APPEARANCE OF COUNSEL (Local Rule 46(c)) by Samantha L. Chaifetz for Centers for Medicare and Medicaid Services.[1000184331] [17-2237] Samantha Chaifetz [Entered: 10/31/2017 04:01 PM] |
| Filing 4 APPEARANCE OF COUNSEL (Local Rule 46(c)) by Geraldine E. Edens for Children's Hospital of the King's Daughters.[1000182797] [17-2237] Geraldine Edens [Entered: 10/30/2017 12:59 PM] |
| Filing 3 APPEARANCE OF COUNSEL (Local Rule 46(c)) by Tara S. Morrissey for Centers for Medicare and Medicaid Services, Eric Hargan and Seema Verma.[1000178776] [17-2237] Tara Morrissey [Entered: 10/23/2017 01:22 PM] |
| Filing 2 DOCKETING NOTICE issued Re: [ # 1 ] Case Initial forms due within 14 days. Originating case number: 2:17-cv-00139-RBS-LRL. Mailed to: Geraldine E. Edens, Susan Feigin Harris, Christopher Howard Marraro, Bridget Springer Merritt McCabe. [17-2237] CP [Entered: 10/20/2017 04:17 PM] |
| Filing 1 Case docketed. Originating case number: 2:17-cv-00139-RBS-LRL. Case manager: CPoulsen. [17-2237] CP [Entered: 10/20/2017 04:06 PM] |
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| Plaintiff / appellee: CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS | |
| Represented By: | Susan Feigin Harris |
| Represented By: | Geraldine E. Edens |
| Represented By: | Christopher Howard Marraro |
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| Defendant / appellant: SEEMA VERMA, in her official capacity, Administrator, Centers for Medicare & Medicaid Services | |
| Represented By: | Susan Maxson Lyons |
| Represented By: | Lindsay S. Goldberg |
| Represented By: | Brian R. Stimson |
| Represented By: | Janice L. Hoffman |
| Represented By: | Mark B. Stern |
| Represented By: | Dana James Boente |
| Represented By: | Tara Stuckey Morrissey |
| Represented By: | Samantha Lee Chaifetz |
| Represented By: | Chad A. Readler |
| Represented By: | Robert Phillip Charrow |
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| Defendant / appellant: ALEX M. AZAR, II, in his official capacity, Secretary, Department of Health and Human Services | |
| Represented By: | Susan Maxson Lyons |
| Represented By: | Lindsay S. Goldberg |
| Represented By: | Brian R. Stimson |
| Represented By: | Janice L. Hoffman |
| Represented By: | Mark B. Stern |
| Represented By: | Dana James Boente |
| Represented By: | Tara Stuckey Morrissey |
| Represented By: | Samantha Lee Chaifetz |
| Represented By: | Chad A. Readler |
| Represented By: | Robert Phillip Charrow |
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| Defendant / appellant: ERIC HARGAN, in his official capacity, Acting Secretary, Department of Health and Human Services | |
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| Defendant / appellant: CENTERS FOR MEDICARE AND MEDICAID SERVICES | |
| Represented By: | Susan Maxson Lyons |
| Represented By: | Lindsay S. Goldberg |
| Represented By: | Brian R. Stimson |
| Represented By: | David L. Hoskins |
| Represented By: | Janice L. Hoffman |
| Represented By: | Mark B. Stern |
| Represented By: | Dana James Boente |
| Represented By: | Tara Stuckey Morrissey |
| Represented By: | Samantha Lee Chaifetz |
| Represented By: | Chad A. Readler |
| Represented By: | Robert Phillip Charrow |
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