Eli Lilly and Company, et al v. Xavier Becerra, et al
| ELI LILLY AND COMPANY and LILLY USA, LLC |
| XAVIER BECERRA, in his official capacity as Secretary of Health & Human Services, Office of the Secretary, DANIEL J. BARRY, in his official capacity as Acting General Counsel of Health & Human Services, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES, HEALTH RESOURCES AND SERVICES ADMINISTRATION and DIANA ESPINOZA, in her official capacity as Acting Administrator of the Health Resources and Services Administration |
| 21-3128 |
| November 15, 2021 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
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Filing 10
ORDER: The court, on its own initiative, CONSOLIDATES these appeals for purposes of briefing and disposition. Further, a preliminary review of the short record indicates that the order appealed from may not be a final appealable judgment within the meaning of 28 U.S.C. 1291, or at the very least may not be ready for appellate review. See Courts order of November 16, 2021, which issued in 21-3128. Accordingly, briefing is SUSPENDED pending further court order. DW [10] [7208726] [21-3128, 21-3405] (HTP) [Entered: 01/04/2022 03:10 PM]
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| Filing 9 Jurisdictional memorandum filed by Appellants Eli Lilly and Company and Lilly USA, LLC. [9] [7202387] [21-3128] (O'Quinn, John) [Entered: 11/30/2021 09:38 PM] |
| Filing 8 Filed Memorandum by Appellees Daniel J. Barry, Xavier Becerra, Diana Espinoza, Health Resources and Services Administration and HHS to Court order of11/16/21. [8][7202386] [21-3128] (Aguilar, Daniel) [Entered: 11/30/2021 08:32 PM] |
| Filing 7 Filed Seventh Circuit Transcript Information Sheet by Appellants Lilly USA, LLC and Eli Lilly and Company. [7] [7200485] [21-3128] (O'Quinn, John) [Entered: 11/19/2021 04:28 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney John C. O'Quinn, Andrew A. Kassof, Matthew Owen, Matthew D. Rowen, Diana M. Watral for Appellants Eli Lilly and Company and Lilly USA, LLC. [6] [7200483] (L-Yes; E-Yes; R-No) [21-3128] [6] [7200483] [21-3128]--[Edited 11/19/2021 by HTP to reflect addition of counsel.] (O'Quinn, John) [Entered: 11/19/2021 04:25 PM] |
| Filing 5 Statement of Jurisdiction filed by Appellants Eli Lilly and Company and Lilly USA, LLC. Prior or Related proceedings: No. [5] [7200482] [21-3128] (O'Quinn, John) [Entered: 11/19/2021 04:20 PM] |
| Filing 4 Appearance form filed by Attorney Daniel Aguilar for Appellees Daniel J. Barry, Xavier Becerra, Diana Espinoza, Health Resources and Services Administration and HHS. [4] [7200472] (L-Yes; E-Yes; R-Yes) [21-3128] [Edited 11/19/2021 by AG to reflect termination and addition of counsel] (Aguilar, Daniel) [Entered: 11/19/2021 03:58 PM] |
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Filing 3
ORDER: Appellants Eli Lilly and Company, Lilly USA, LLC and Appellees Daniel J. Barry, Xavier Becerra, Diana Espinoza, Health Resources and Services Administration and HHS shall file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. Briefing is SUSPENDED pending further court order. (See order for further details) [7199608] Jurisdictional memorandum due for Appellees Daniel J. Barry, Xavier Becerra, Diana Espinoza, Health Resources and Services Administration and United States Department of Health & Human Services and Appellants Eli Lilly and Company and Lilly USA, LLC by 11/30/2021. DW [3] [7199608] [21-3128] (AD) [Entered: 11/16/2021 03:48 PM]
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Filing 2
ORDER: Circuit Rule 3(c)(1), referencing Circuit Rule 28(a), requires an appellant to file a docketing statement which provides information concerning appellate jurisdiction. In the present case, appellant=s Circuit Rule 3(c) docketing statement incorrectly claims that the district court entered a final judgment, citing 28 U.S.C. 1291. Additionally, appellants failed to provide the information required by Cir. Rule 28(a)(3)(i) pertaining to appeals from matters that do not adjudicate all claims against all parties. Appellants must provide all omitted information. Accordingly, appellants shall file a complete statement of jurisdiction that accurately provides the basis for appellate jurisdiction and includes the omitted information noted above. The statement is due on or before November 23, 2021. DW [2] [7199605] [21-3128] (AD) [Entered: 11/16/2021 03:45 PM]
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| Filing 1 U.S. civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 11/29/2021. Appellant's brief due on or before 12/27/2021 for Eli Lilly and Company and Lilly USA, LLC. [1] [7199398] [21-3128] (CG) [Entered: 11/16/2021 10:28 AM] |
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| Plaintiff / appellant: ELI LILLY AND COMPANY | |
| Represented By: | John C. O'Quinn |
| Represented By: | Andrew A. Kassof |
| Represented By: | Matthew Owen |
| Represented By: | Matthew Rowen |
| Represented By: | Diana M. Watral |
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| Plaintiff / appellant: LILLY USA, LLC | |
| Represented By: | John C. O'Quinn |
| Represented By: | Andrew A. Kassof |
| Represented By: | Matthew Owen |
| Represented By: | Matthew Rowen |
| Represented By: | Diana M. Watral |
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| Defendant / appellee: XAVIER BECERRA, in his official capacity as Secretary of Health & Human Services, Office of the Secretary | |
| Represented By: | Jody D. Lowenstein |
| Represented By: | Daniel Aguilar |
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| Defendant / appellee: DANIEL J. BARRY, in his official capacity as Acting General Counsel of Health & Human Services | |
| Represented By: | Jody D. Lowenstein |
| Represented By: | Daniel Aguilar |
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| Defendant / appellee: UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES | |
| Represented By: | Jody D. Lowenstein |
| Represented By: | Daniel Aguilar |
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| Defendant / appellee: HEALTH RESOURCES AND SERVICES ADMINISTRATION | |
| Represented By: | Jody D. Lowenstein |
| Represented By: | Daniel Aguilar |
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| Defendant / appellee: DIANA ESPINOZA, in her official capacity as Acting Administrator of the Health Resources and Services Administration | |
| Represented By: | Jody D. Lowenstein |
| Represented By: | Daniel Aguilar |
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