Braidwood Mgmt Inc. v. Becerra
Braidwood Management, Incorporated, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell and Joel Starnes |
Xavier Becerra, Secretary, U.S. Department of Health and Human Services, in his official capacity as Secretary of Health and Human Services, United States of America, Janet Yellen, Secretary, U.S. Department of Treasury, in her official capacity as Secretary of the Treasury and Julie A. Su, Acting Secretary, U.S. Department of Labor, in his official capacity as Secretary of Labor |
American Lung Association, Service Employees International Union, Adult Vaccine Access Coalition, American Cancer Society, American Heart Association, American Cancer Society Cancer Action Network, Campaign for Tobacco-Free Kids, American Kidney Fund, GO2 for Lung Cancer, Arthritis Foundation, LUNGevity Foundation, CancerCare, Public Citizen, Cancer Support Community, Truth Initiative Foundation, doing business as Truth Initiative, Cystic Fibrosis Foundation, American Public Health Association, Epilepsy Foundation, Public Health Deans and Scholars, Hemophilia Federation of America, American Medical Association, Leukemia and Lymphoma Society, American College of Obstetricians and Gynecologists, National Minority Quality Forum, Society for Maternal-Fetal Medicine, National Multiple Sclerosis Society, American Academy of Pediatrics, National Patient Advocate Foundation, American Medical Women's Association, AIDS Institute, American Academy of Family Physicians, WomenHeart, National Medical Association, American Hospital Association, Infectious Diseases Society of America, Catholic Health Association of the United States, American Thoracic Society, Federation of American Hospitals, American College of Chest Physicians, America's Essential Hospitals, National Hispanic Medical Association, Association of American Medical Colleges and American Society of Clinical Oncology |
23-10326 |
April 3, 2023 |
U.S. Court of Appeals, Fifth Circuit |
Other Statutory Actions |
Docket Report
This docket was last retrieved on May 31, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 138 SUPPLEMENTAL REPLY filed by [138] to the Response/Opposition filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes in 23-10326 [ # 127 ]. [23-10326] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL REPLY BRIEF FILED by Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury Date of service: 05/31/2023 [23-10326] (Alisa Beth Klein ) [Entered: 05/31/2023 08:44 AM] |
Filing 132 COURT ORDER granting Motion leave to file a supplemental reply filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [ # 125 ] [23-10326] (MFY) [Entered: 05/26/2023 05:10 PM] |
Filing 127 SUPPLEMENTAL RESPONSE/OPPOSITION filed by Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes [127] to the Motion to stay order filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 [ # 30 ] [23-10326] (MFY) [Entered: 05/26/2023 11:27 AM] |
Filing 126 COURT ORDER granting Motion leave to file a supplemental memorandum and supporting declaration filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes [ # 119 ] [23-10326] (MFY) [Entered: 05/26/2023 11:08 AM] |
Filing 125 UNOPPOSED MOTION filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury to file supplemental reply [125]. Date of service: 05/26/2023 via email - Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail - Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Alisa Beth Klein ) [Entered: 05/26/2023 10:32 AM] |
Filing 119 MOTION filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes for leave to file supplemental memorandum. [119]. Date of service: 05/25/2023 via email - Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail - Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Jonathan F. Mitchell ) [Entered: 05/25/2023 02:18 PM] |
Filing 118 Paper copies of Amicus Brief filed by Amici Curiae American Medical Association, American Medical Women's Association, American College of Obstetricians and Gynecologists, National Hispanic Medical Association, American Academy of Family Physicians, American Academy of Pediatrics, Society for Maternal-Fetal Medicine, National Medical Association, Infectious Diseases Society of America, American Thoracic Society, American College of Chest Physicians and American Society of Clinical Oncology in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 05/25/2023 11:17 AM] |
Filing 116 Paper copies of Amicus Brief filed by Amicus Curiae SEIU in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 05/24/2023 03:02 PM] |
Filing 115 Paper copies of Amicus Brief filed by Amici Curiae American Cancer Society, Epilepsy Foundation, American Cancer Society Cancer Action Network, Cystic Fibrosis Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Multiple Sclerosis Society, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, National Minority Quality Forum, National Patient Advocate Foundation, AIDS Institute and WomenHeart in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 05/24/2023 11:39 AM] |
Filing 112 Paper copies of Amicus Brief filed by Amici Curiae American Public Health Association and Public Health Deans and Scholars in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 05/23/2023 02:03 PM] |
Filing 111 ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Ms. Alisa Beth Klein, Esq. for Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury [23-10326] (Alisa Beth Klein ) [Entered: 05/23/2023 09:22 AM] |
Filing 108 PAPER COPIES REQUESTED for the Amicus Brief filed by Amicus Curiae SEIU in 23-10326 [ # 80 ], Amicus Brief filed by Amici Curiae American Cancer Society, Epilepsy Foundation, American Cancer Society Cancer Action Network, Cystic Fibrosis Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Multiple Sclerosis Society, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, National Minority Quality Forum, National Patient Advocate Foundation, AIDS Institute and WomenHeart in 23-10326 [ # 78 ], Amicus Brief filed by Amici Curiae American Public Health Association and Public Health Deans and Scholars in 23-10326 [ # 56 ], Amicus Brief filed by Amici Curiae American Medical Association, American Medical Women's Association, American College of Obstetricians and Gynecologists, National Hispanic Medical Association, American Academy of Family Physicians, American Academy of Pediatrics, Society for Maternal-Fetal Medicine, National Medical Association, Infectious Diseases Society of America, American Thoracic Society, American College of Chest Physicians and American Society of Clinical Oncology in 23-10326 [ # 57 ]. Paper Copies of Brief due on 05/30/2023 for Amici Curiae AIDS Institute, American Academy of Family Physicians, American Academy of Pediatrics, American Cancer Society, American Cancer Society Cancer Action Network, American College of Chest Physicians, American College of Obstetricians and Gynecologists, American Kidney Fund, American Medical Association, American Medical Women's Association, American Public Health Association, American Society of Clinical Oncology, American Thoracic Society, Arthritis Foundation, Cancer Support Community, CancerCare, Cystic Fibrosis Foundation, Epilepsy Foundation, Hemophilia Federation of America, Infectious Diseases Society of America, Leukemia and Lymphoma Society, National Hispanic Medical Association, National Medical Association, National Minority Quality Forum, National Multiple Sclerosis Society, National Patient Advocate Foundation, Public Health Deans and Scholars, Service Employees International Union, Society for Maternal-Fetal Medicine and WomenHeart. [23-10326] (CBW) [Entered: 05/22/2023 10:14 AM] |
Filing 107 ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Mr. Jonathan F. Mitchell for Appellees/Cross-Appellants Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes [23-10326] (Jonathan F. Mitchell ) [Entered: 05/19/2023 05:10 PM] |
Filing 106 CASE CALENDARED for oral argument on the motion for stay pending appeal on Tuesday, 06/06/2023 at 3:00 pm in the En Banc Courtroom of the Wisdom Courthouse in New Orleans. [23-10326] (CBW) [Entered: 05/19/2023 04:13 PM] |
Filing 102 UNOPPOSED MOTION filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury to establish briefing notice[102]. Date of service: 05/19/2023 via email - Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail - Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Alisa Beth Klein ) [Entered: 05/19/2023 11:34 AM] |
Filing 101 EXTENSION RECEIVED for Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury. Extension Granted to and including 06/20/2023. A/Pet's Brief deadline updated to 06/20/2023 for Appellants/Cross-Appellees Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Julie A. Su, Acting Secretary, U.S. Department of Labor, United States of America and Janet Yellen, Secretary, U.S. Department of Treasury [23-10326] (MFY) [Entered: 05/18/2023 02:32 PM] |
Filing 100 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury for filing opening brief until 06/20/2023 [23-10326] (Alisa Beth Klein ) [Entered: 05/18/2023 10:15 AM] |
Filing 99 COURT ORDER carrying with the case Motion for partial stay pending appeal filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [ # 30 ]; granting Motion for an administrative stay while the Court considers this motion filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [ # 30 ] [23-10326] (MVM) [Entered: 05/15/2023 12:10 PM] |
Filing 92 REPLY filed by [92] to the Response/Opposition filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes in 23-10326 [ # 66 ], to the Motion for stay pending appeal filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 [ # 30 ]Reply to Resp/Opp due deadline satisfied.Reply to Resp/Opp due deadline satisfied.. [23-10326] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REPLY filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury [92] to the filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes [ # 66 ], to the for stay pending appeal filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [ # 30 ], to the to stay order filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [ # 30 ]. Date of Service: 05/12/2023 via email - Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail - Attorney for Appellant/Cross-Appellee: Lynch. [23-10326] (Alisa Beth Klein ) [Entered: 05/12/2023 05:16 AM] |
Filing 90 APPEARANCE FORM FILED by Attorney(s) Barbara Chisholm for party(s) Amicus Curiae SEIU, in case 23-10326 [23-10326] (NFD) [Entered: 05/11/2023 04:35 PM] |
Filing 89 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-10326] (Barbara Chisholm ) [Entered: 05/11/2023 01:35 PM] |
Filing 87 APPEARANCE FORM FILED by Attorney(s) Corinne Johnson for party(s) Amicus Curiae SEIU, in case 23-10326 [23-10326] (ABT) [Entered: 05/10/2023 02:48 PM] |
Filing 85 APPEARANCE FORM FILED by Attorney(s) David Willner for party(s) Amicus Curiae Federation of American Hospitals Amicus Curiae American Hospital Association Amicus Curiae Association of American Medical Colleges Amicus Curiae America's Essential Hospitals Amicus Curiae Catholic Health Association of the United States, in case 23-10326 [23-10326] (RSM) [Entered: 05/09/2023 03:27 PM] |
Filing 84 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-10326] (Corinne Johnson ) [Entered: 05/09/2023 03:23 PM] |
Filing 83 APPEARANCE FORM FILED by Attorney Beth Bivans Petronio for Amicus Curiae WomenHeart in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae AIDS Institute in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae National Patient Advocate Foundation in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae National Multiple Sclerosis Society in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae National Minority Quality Forum in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Leukemia and Lymphoma Society in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Hemophilia Federation of America in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Epilepsy Foundation in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Cystic Fibrosis Foundation in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Cancer Support Community in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae CancerCare in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Arthritis Foundation in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae American Kidney Fund in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae American Cancer Society Cancer Action Network in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae American Cancer Society in 23-10326 [23-10326] (RSM) [Entered: 05/09/2023 03:19 PM] |
Filing 82 Paper copies of Amicus Brief filed by Amici Curiae American Hospital Association, Federation of American Hospitals, Association of American Medical Colleges, Catholic Health Association of the United States and America's Essential Hospitals in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (KMP) [Entered: 05/09/2023 02:49 PM] |
Filing 81 Paper copies of Amicus Brief filed by Amici Curiae American Heart Association, Public Citizen, Campaign for Tobacco-Free Kids, American Lung Association, Truth Initiative Foundation, Adult Vaccine Access Coalition, GO2 for Lung Cancer and LUNGevity Foundation in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (KMP) [Entered: 05/09/2023 02:47 PM] |
Filing 77 CASE CAPTION updated. Party information modified for National Patient Advocate Foundation in 23-10326. [23-10326] (MFY) [Entered: 05/08/2023 03:06 PM] |
Filing 75 APPEARANCE FORM FILED by Attorney Sean Michael Marotta for Amicus Curiae Association of American Medical Colleges in 23-10326, Attorney Sean Michael Marotta for Amicus Curiae America's Essential Hospitals in 23-10326, Attorney Sean Michael Marotta for Amicus Curiae Federation of American Hospitals in 23-10326, Attorney Sean Michael Marotta for Amicus Curiae Catholic Health Association of the United States in 23-10326, Attorney Sean Michael Marotta for Amicus Curiae American Hospital Association in 23-10326 [23-10326] (RSM) [Entered: 05/08/2023 07:30 AM] |
Filing 80 AMICUS CURIAE BRIEF FILED by SEIU. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 [23-10326] (MFY) [Entered: 05/08/2023 03:18 PM] |
Filing 79 AMICUS CURIAE BRIEF FILED by America's Essential Hospitals, American Hospital Association, Association of American Medical Colleges, Catholic Health Association of the United States and Federation of American Hospitals. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 [23-10326] (MFY) [Entered: 05/08/2023 03:15 PM] |
Filing 78 AMICUS CURIAE BRIEF FILED by AIDS Institute, American Cancer Society, American Cancer Society Cancer Action Network, American Kidney Fund, Arthritis Foundation, Cancer Support Community, CancerCare, Cystic Fibrosis Foundation, Epilepsy Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Minority Quality Forum, National Multiple Sclerosis Society, National Patient Advocate Foundation and WomenHeart. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 [23-10326] (MFY) [Entered: 05/08/2023 03:09 PM] |
Filing 74 COURT ORDER granting Motion to file amicus brief filed by SEIU [ # 45 ], granting Motion to file amicus brief filed by American Cancer Society, Epilepsy Foundation, American Cancer Society Cancer Action Network, Cystic Fibrosis Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Multiple Sclerosis Society, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, National Minority Quality Forum, National Patient Advocate Foundation, AIDS Institute and WomenHeart [ # 64 ], granting Motion to file amicus brief filed by American Hospital Association, Federation of American Hospitals, Association of American Medical Colleges, Catholic Health Association of the United States and America's Essential Hospitals [ # 65 ] filed by SEIU, American Cancer Society, American Cancer Society Cancer Action Network, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, Cystic Fibrosis Foundation, Epilepsy Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Minority Quality Forum, National Multiple Sclerosis Society, AIDS Institute, WomenHeart, American Hospital Association, Catholic Health Association of the United States, Federation of American Hospitals, America's Essential Hospitals and Association of American Medical Colleges in 23-10326 [23-10326] (MFY) [Entered: 05/05/2023 05:01 PM] |
Filing 68 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-10326] (David Willner ) [Entered: 05/05/2023 11:14 AM] |
Filing 67 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-10326] (Sean Michael Marotta ) [Entered: 05/05/2023 11:11 AM] |
Filing 66 RESPONSE/OPPOSITION [66] to the Motion for stay pending appeal filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 [ # 30 ], Motion to stay order filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 [ # 30 ]Response/Opposition deadline satisfied.. Reply to Response/Opposition due on 05/12/2023. [23-10326] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes [66] to the for stay pending appeal filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [ # 30 ], to stay order filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [ # 30 ] Date of Service: 05/05/2023 via email - Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; Attorney for Amici Curiae: Gitomer, Pincus, Sansone, Zieve; US mail - Attorney for Appellant/Cross-Appellee: Lynch. [23-10326] (Jonathan F. Mitchell ) [Entered: 05/05/2023 12:34 AM] |
Filing 65 UNOPPOSED MOTION by Not Parties American Hospital Association, Catholic Health Association of the United States, Federation of American Hospitals, America's Essential Hospitals and Association of American Medical Colleges to file amicus brief [65] [23-10326] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by American Hospital Association, Federation of American Hospitals, The Catholic Health Association of the United States, America's Essential Hospitals, and the Association of American Medical Colleges to file amicus brief [65] Date of service: 05/04/2023 via email - Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Lynch, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; Attorney for Amici Curiae: Gitomer, Pincus, Sansone, Zieve [23-10326] (Sean Michael Marotta ) [Entered: 05/04/2023 03:52 PM] |
Filing 64 UNOPPOSED MOTION by Not Parties American Cancer Society, American Cancer Society Cancer Action Network, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, Cystic Fibrosis Foundation, Epilepsy Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Minority Quality Forum, National Multiple Sclerosis Society, National Patient Advocate Foundation, The AIDS Institute and WomenHeart to file amicus brief [64] [23-10326] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by American Cancer Society, American Cancer Society Cancer Action Network, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, Cystic Fibrosis Foundation, Epilepsy Foundation, Hemophilia Federation of America, et al. to file amicus brief [64] Date of service: 05/02/2023 via email - Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; Attorney for Amici Curiae: Gitomer, Pincus, Sansone, Zieve; US mail - Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Beth Bivans Petronio ) [Entered: 05/02/2023 02:12 PM] |
Filing 62 APPEARANCE FORM FILED by Attorney Andrew John Pincus for Amicus Curiae Public Health Deans and Scholars in 23-10326, Attorney Andrew John Pincus for Amicus Curiae American Public Health Association in 23-10326 [23-10326] (RSM) [Entered: 05/02/2023 01:40 PM] |
Filing 61 APPEARANCE FORM FILED by Attorney Nicolas Sansone for Amicus Curiae Truth Initiative Foundation in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Public Citizen in 23-10326, Attorney Nicolas Sansone for Amicus Curiae LUNGevity Foundation in 23-10326, Attorney Nicolas Sansone for Amicus Curiae GO2 for Lung Cancer in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Campaign for Tobacco-Free Kids in 23-10326, Attorney Nicolas Sansone for Amicus Curiae American Heart Association in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Adult Vaccine Access Coalition in 23-10326, Attorney Nicolas Sansone for Amicus Curiae American Lung Association in 23-10326 [23-10326] (RSM) [Entered: 05/02/2023 11:14 AM] |
Filing 60 DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the amicus brief filed by American Cancer Society, et al because motion seeking leave of Court is required [23-10326] (MFY) [Entered: 05/01/2023 03:26 PM] |
Filing 58 APPEARANCE FORM FILED by Attorney(s) Allison M. Zieve for party(s) Amicus Curiae American Lung Association Amicus Curiae American Heart Association Amicus Curiae Public Citizen Amicus Curiae Adult Vaccine Access Coalition Amicus Curiae Campaign for Tobacco-Free Kids Amicus Curiae LUNGevity Foundation Amicus Curiae Truth Initiative Foundation Amicus Curiae GO2 for Lung Cancer, in case 23-10326 [23-10326] (RSM) [Entered: 05/01/2023 03:15 PM] |
Filing 57 AMICUS CURIAE BRIEF FILED by American Academy of Family Physicians, American Academy of Pediatrics, American College of Chest Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Medical Women's Association, American Society of Clinical Oncology, American Thoracic Society, Infectious Diseases Society of America, National Hispanic Medical Association, National Medical Association and Society for Maternal-Fetal Medicine. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 [23-10326] (MFY) [Entered: 05/01/2023 02:09 PM] |
Filing 56 AMICUS CURIAE BRIEF FILED by American Public Health Association and Public Health Deans and Scholars. Consent is Not Necessary as a Motion has been Granted. [23-10326] (MFY) [Entered: 05/01/2023 02:06 PM] |
Filing 55 AMICUS CURIAE BRIEF FILED by Adult Vaccine Access Coalition, American Heart Association, American Lung Association, Campaign for Tobacco-Free Kids, GO2 for Lung Cancer, LUNGevity Foundation, Public Citizen and Truth Initiative Foundation. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 [23-10326] (MFY) [Entered: 05/01/2023 02:05 PM] |
Filing 54 COURT ORDER granting Motion to file amicus brief filed by American Heart Association, Public Citizen, Campaign for Tobacco-Free Kids, American Lung Association, Truth Initiative Foundation, Adult Vaccine Access Coalition, GO2 for Lung Cancer and LUNGevity Foundation [ # 34 ], granting Motion to file amicus brief filed by American Public Health Association and Public Health Deans and Scholars [ # 40 ], granting Motion to file amicus brief filed by American Medical Association, American Medical Women's Association, American College of Obstetricians and Gynecologists, National Hispanic Medical Association, American Academy of Family Physicians, American Academy of Pediatrics, Society for Maternal-Fetal Medicine, National Medical Association, Infectious Diseases Society of America, American Thoracic Society, American College of Chest Physicians and American Society of Clinical Oncology [ # 42 ] filed by American Lung Association, Adult Vaccine Access Coalition, American Heart Association, Campaign for Tobacco-Free Kids, GO2 for Lung Cancer, LUNGevity Foundation, Public Citizen, Truth Initiative Foundation, American Public Health Association, Public Health Deans and Scholars, American Medical Association, American College of Obstetricians and Gynecologists, Society for Maternal-Fetal Medicine, American Academy of Pediatrics, American Medical Women's Association, American Academy of Family Physicians, National Medical Association, Infectious Diseases Society of America, American Thoracic Society, American College of Chest Physicians, National Hispanic Medical Association and American Society of Clinical Oncology in 23-10326 [23-10326] (MFY) [Entered: 05/01/2023 01:57 PM] |
Filing 53 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-10326] (Beth Bivans Petronio ) [Entered: 05/01/2023 01:37 PM] |
Filing 52 Attorney Beth Petronio is advised to resubmit an appearance form. Reason: The revised Notice of Appearance Form must be used. Also, please include complete telepone numbers on form. [23-10326] (LBM) [Entered: 05/01/2023 12:33 PM] |
Filing 50 APPEARANCE FORM FILED by Attorney Madeline Gitomer for Not Party American Society of Clinical Oncology in 23-10326, Attorney Madeline Gitomer for Not Party National Hispanic Medical Association in 23-10326, Attorney Madeline Gitomer for Not Party American College of Chest Physicians in 23-10326, Attorney Madeline Gitomer for Not Party American Thoracic Society in 23-10326, Attorney Madeline Gitomer for Not Party Infectious Diseases Society of America in 23-10326, Attorney Madeline Gitomer for Not Party National Medical Association in 23-10326, Attorney Madeline Gitomer for Not Party American Academy of Family Physicians in 23-10326, Attorney Madeline Gitomer for Not Party American Medical Women's Association in 23-10326, Attorney Madeline Gitomer for Not Party American Academy of Pediatrics in 23-10326, Attorney Madeline Gitomer for Not Party Society for Maternal-Fetal Medicine in 23-10326, Attorney Madeline Gitomer for Not Party American College of Obstetricians and Gynecologists in 23-10326, Attorney Madeline Gitomer for Not Party American Medical Association in 23-10326 [23-10326] (RSM) [Entered: 05/01/2023 11:06 AM] |
Filing 46 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-10326] (Connie K. Chan ) [Entered: 04/28/2023 04:52 PM] |
Filing 45 UNOPPOSED MOTION by Not Party SEIU to file amicus brief [45] [23-10326] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by Service Employees International Union to file amicus brief [45] Date of service: 04/28/2023 via email - Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; Attorney for Not Parties: Pincus, Sansone; US mail - Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Connie K. Chan ) [Entered: 04/28/2023 04:33 PM] |
Filing 43 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-10326] (Madeline Gitomer ) [Entered: 04/28/2023 03:27 PM] |
Filing 42 UNOPPOSED MOTION by Not Parties American Medical Association, American College of Obstetricians and Gynecologists, Society for Maternal-Fetal Medicine, American Academy of Pediatrics, American Medical Women's Association, American Academy of Family Physicians, National Medical Association, Infectious Diseases Society of America, American Thoracic Society, American College of Chest Physicians, National Hispanic Medical Association and American Society of Clinical Oncology to file amicus brief [42] [23-10326] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by American Medical Association et al to file amicus brief [42] Date of service: 04/28/2023 via email - Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail - Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Madeline Gitomer ) [Entered: 04/28/2023 03:22 PM] |
Filing 41 The Motion for stay pending appeal filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 [ # 30 ] has been made sufficient. [23-10326] (MFY) [Entered: 04/28/2023 02:51 PM] |
Filing 40 UNOPPOSED MOTION by Not Parties American Public Health Association and Public Health Deans and Scholars to file amicus brief [40] [23-10326] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by American Public Health Association and Public Health Deans and Scholars to file amicus brief [40] Date of service: 04/28/2023 via email - Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail - Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Andrew John Pincus ) [Entered: 04/28/2023 02:17 PM] |
Filing 39 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-10326] (Andrew John Pincus ) [Entered: 04/28/2023 01:41 PM] |
Filing 38 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-10326] (Beth Bivans Petronio ) [Entered: 04/28/2023 11:29 AM] |
Filing 36 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-10326] (Allison M. Zieve ) [Entered: 04/28/2023 08:19 AM] |
Filing 35 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-10326] (Nicolas Sansone ) [Entered: 04/27/2023 08:58 PM] |
Filing 34 UNOPPOSED MOTION by Not Parties American Lung Association, Adult Vaccine Access Coalition, American Heart Association, Campaign for Tobacco-Free Kids, GO2 for Lung Cancer, LUNGevity Foundation, Public Citizen and Truth Initiative Foundation to file amicus brief [34] [23-10326] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by American Lung Association, Adult Vaccine Access Coalition, American Heart Association, Campaign for Tobacco-Free Kids, GO2 for Lung Cancer, LUNGevity Foundation, Public Citizen, and Truth Initiative Foundation d/b/a Truth Initiative to file amicus brief [34] Date of service: 04/27/2023 via email - Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Lynch, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell [23-10326] (Nicolas Sansone ) [Entered: 04/27/2023 08:48 PM] |
Filing 30 MOTION for partial stay pending appeal and for an administrative stay while Court considers this motion. [30]. Document is insufficient for the following reasons: lacks certificate of conference Response/Opposition due on 05/08/2023. [23-10326] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor for partial stay pending appeal [30] Ruling is requested by: 05/18/2023. Date of service: 04/27/2023 via email - Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail - Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Daniel J. Aguilar ) [Entered: 04/27/2023 03:19 PM] |
Filing 29 BRIEFING NOTICE ISSUED A/Pet's Brief Due on 06/05/2023 for Appellants/Cross-Appellees Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Julie A. Su, Acting Secretary, U.S. Department of Labor, United States of America and Janet Yellen, Secretary, U.S. Department of Treasury. [23-10326] (DDL) [Entered: 04/25/2023 10:23 AM] |
Filing 27 ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [23-10326] (DDL) [Entered: 04/24/2023 03:40 PM] |
Filing 25 APPEARANCE FORM FILED by Attorney(s) Michael S. Raab for party(s) Appellant/Cross-Appellee Julie A. Su, Acting Secretary, U.S. Department of Labor Appellant/Cross-Appellee USA Appellant/Cross-Appellee Janet Yellen, Secretary, U.S. Department of Treasury Appellant/Cross-Appellee Xavier Becerra, Secretary, U.S. Department of Health and Human Services, in case 23-10326 [23-10326] (RSM) [Entered: 04/19/2023 01:50 PM] |
Filing 23 APPEARANCE FORM FILED by Attorney(s) Alisa Beth Klein for party(s) Appellant/Cross-Appellee Julie A. Su, Acting Secretary, U.S. Department of Labor Appellant/Cross-Appellee USA Appellant/Cross-Appellee Janet Yellen, Secretary, U.S. Department of Treasury Appellant/Cross-Appellee Xavier Becerra, Secretary, U.S. Department of Health and Human Services, in case 23-10326 [23-10326] (RSM) [Entered: 04/18/2023 03:04 PM] |
Filing 22 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-10326] (Michael S. Raab ) [Entered: 04/18/2023 01:20 PM] |
Filing 21 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-10326] (Alisa Beth Klein ) [Entered: 04/18/2023 01:07 PM] |
Filing 20 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [20] Initial AA Check Due satisfied. [23-10326] (RSM) [Entered: 04/17/2023 01:10 PM] |
Filing 18 TRANSCRIPT ORDER received advising transcript unnecessary as it is already filed. [23-10326] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury advising transcript unnecessary as it is already filed. Date of Service: 04/12/2023 via email - Attorney for Appellants/Cross-Appellees: Aguilar, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail - Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Daniel J. Aguilar ) [Entered: 04/12/2023 02:00 PM] |
Filing 16 APPEARANCE FORM FILED by Attorney Gene Patrick Hamilton for Appellee/Cross-Appellant Joel Starnes in 23-10326, Attorney Gene Patrick Hamilton for Appellee/Cross-Appellant Zach Maxwell in 23-10326, Attorney Gene Patrick Hamilton for Appellee/Cross-Appellant Ashley Maxwell in 23-10326, Attorney Gene Patrick Hamilton for Appellee/Cross-Appellant Kelley Orthodontics in 23-10326, Attorney Gene Patrick Hamilton for Appellee/Cross-Appellant John Scott Kelley in 23-10326, Attorney Gene Patrick Hamilton for Appellee/Cross-Appellant Braidwood Management, Incorporated in 23-10326 [23-10326] (RSM) [Entered: 04/10/2023 02:04 PM] |
Filing 14 APPEARANCE FORM FILED by Attorney Jonathan F. Mitchell for Appellee/Cross-Appellant Joel Starnes in 23-10326, Attorney Jonathan F. Mitchell for Appellee/Cross-Appellant Zach Maxwell in 23-10326, Attorney Jonathan F. Mitchell for Appellee/Cross-Appellant Ashley Maxwell in 23-10326, Attorney Jonathan F. Mitchell for Appellee/Cross-Appellant Kelley Orthodontics in 23-10326, Attorney Jonathan F. Mitchell for Appellee/Cross-Appellant John Scott Kelley in 23-10326, Attorney Jonathan F. Mitchell for Appellee/Cross-Appellant Braidwood Management, Incorporated in 23-10326 [23-10326] (RSM) [Entered: 04/10/2023 01:53 PM] |
Filing 13 APPEARANCE FORM FILED by Attorney(s) Daniel J. Aguilar for party(s) Appellant/Cross-Appellee Julie A. Su, Acting Secretary, U.S. Department of Labor Appellant/Cross-Appellee USA Appellant/Cross-Appellee Janet Yellen, Secretary, U.S. Department of Treasury Appellant/Cross-Appellee Xavier Becerra, Secretary, U.S. Department of Health and Human Services, in case 23-10326 [23-10326] (RSM) [Entered: 04/10/2023 01:42 PM] |
Filing 10 CASE CAPTION updated. Cross appeal filed. [10] Parties updated: Appellants/Cross-Appellees Xavier Becerra, Secretary, U.S. Department of Health and Human Services, USA, Janet Yellen, Secretary, U.S. Department of Treasury and Julie A. Su, Acting Secretary, U.S. Department of Labor, Appellees/Cross-Appellants Braidwood Management, Incorporated, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell and Joel Starnes in 23-10326. NOA filed by Appellees Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes. [10] [23-10326] (AS) [Entered: 04/07/2023 03:47 PM] |
Filing 9 APPEARANCE FORM for the court's review. Lead Counsel? No. [23-10326] (Gene Patrick Hamilton ) [Entered: 04/06/2023 01:05 PM] |
Filing 8 APPEARANCE FORM received from Mr. Jonathan F. Mitchell for Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes for the court's review. Lead Counsel? Yes. [23-10326] (Jonathan F. Mitchell ) [Entered: 04/06/2023 12:29 PM] |
Filing 7 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-10326] (Daniel J. Aguilar ) [Entered: 04/06/2023 12:00 PM] |
Filing 6 ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 4:20-CV-283. Electronic ROA due on 04/19/2023. [23-10326] (PAC) [Entered: 04/04/2023 02:00 PM] |
Filing 5 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [5] Initial AA Check Due satisfied. [23-10326] (PAC) [Entered: 04/04/2023 01:54 PM] |
Filing 1 US CIVIL CASE docketed. NOA filed by Appellants Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury [23-10326] (MVM) [Entered: 04/03/2023 03:59 PM] |
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