State of Missouri, et al v. Joseph Biden, Jr., et al
State of Missouri, State of Nebraska, State of Arkansas, State of Kansas, State of Iowa, State of Wyoming, State of Alaska, State of South Dakota, State of North Dakota and State of New Hampshire |
Joseph R. Biden, Jr., in his official capacity as the President of the United States of America, United States of America, United States Department of Health and Human Services, Xavier Becerra, in his official capacity as Secretary of the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, Chiquita Brooks-LaSure, in her official capacity as Administrator for the Centers for Medicare and Medicaid Services, Meena Seshamani, in her official capacity as Deputy Administrator and Director of Center for Medicare and Daniel Tsai, in his official capacity as Deputy Administrator and Director of Center for Medicaid and CHIP Services |
Reliant Care Management Company, L.L.C. |
American Academy of Family Physicians, American Academy of Pediatrics, American College of Chest Physicians, American College of Medical Genetics and Genomics, American College of Physicians, American Geriatrics Society, American Lung Association, American Medical Women's Association, American Society for Clinical Pathology, American Society for Echocardiography, American Society of Hematology and American Thoracic Society |
21-3725 |
November 30, 2021 |
U.S. Court of Appeals, Eighth Circuit |
Other |
Docket Report
This docket was last retrieved on January 13, 2022. A more recent docket listing may be available from PACER.
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DOCUMENT FILED: U.S. SUPREME COURT opinion filed on 01/13/2022 in case 21A240. Ruling of the Supreme Court: The applications for stay presented to JUSTICE ALITO (21A241) and JUSTICE KAVANAUGH (21A240) and by them referred to the Court are granted. The District Court for the Eastern District of Missouris November 29, 2021, order granting a preliminary injunction is stayed pending disposition of the Governments appeal in the United States Court of Appeals for the Eighth Circuit and the disposition of the Governments petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. The District Court for the Western District of Louisianas November 30, 2021, order granting a preliminary injunction is stayed pending disposition of the Governments appeal in the United States Court of Appeals for the Fifth Circuit and the disposition of the Governments petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. VIDED. [5117108] [21-3725]--[Edited 01/13/2022 by DMW to change event used for filing] (CMD) [Entered: 01/13/2022 03:04 PM] |
CLERK ORDER:Granting [ # 5112982-2 ] appellants' motion for extension of time to file brief filed by Ms. Alisa Beth Klein. Brief and appendix of Xavier Becerra, Joseph R. Biden Jr., Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, United States Department of Health and Human Services and United States of America due 01/31/2022 [5113574] [21-3725] (CMD) [Entered: 01/03/2022 03:38 PM] |
MOTION for extension of time to file brief until 01/31/2022, filed by Attorney Ms. Alisa Beth Klein for Appellants Mr. Xavier Becerra, Joseph R. Biden, Jr., Ms. Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Ms. Meena Seshamani, Mr. Daniel Tsai, HHS and United States of America w/service 01/03/2022. [5112982] [21-3725] (ABK) [Entered: 01/03/2022 08:14 AM] |
DOCUMENT FILED - SC Order scheduling oral argument for January 7, 2022. Filed December 22, 2021 in 21A240 and 21A241. filed by. w/service 12/29/2021 [5112232] [21-3725] (MVP) [Entered: 12/29/2021 10:21 AM] |
APPEARANCE filed by Jeffrey B. Dubner for Amici on Behalf of Appellant(s) American Academy of Family Physicians, American Academy of Pediatrics, American College of Chest Physicians, American College of Medical Genetics and Genomics, American College of Physicians, American Geriatrics Society, American Lung Association, American Medical Women's Association, American Society for Clinical Pathology, American Society for Echocardiography, American Society of Hematology and American Thoracic Society w/service 12/13/2021 [5107168] [21-3725] (JBD) [Entered: 12/13/2021 09:06 AM] |
BRIEF FILED - AMICUS BRIEF in support of appellants' emergency motion for stay filed by American Academy of Family Physicians, American Academy of Pediatrics, American College of Chest Physicians, American College of Medical Genetics and Genomics, American College of Physicians, American Geriatrics Society, American Lung Association, American Medical Women's Association, American Society for Clinical Pathology, American Society for Echocardiography, American Society of Hematology and American Thoracic Society w/service 12/13/2021, Length: 2,579 words [5107161] [21-3725] (Entry is edited to change to response filed vs. brief filed.)--[Edited 12/13/2021 by CMD] (CMD) [Entered: 12/13/2021 08:42 AM] |
CLERK ORDER:Granting [ # 5105693-2 ] motion leave to file amicus brief. American Academy of Family Physicians, American Academy of Pediatrics, American College of Chest Physicians, American College of Medical Genetics and Genomics, American College of Physicians, American Geriatrics Society, American Lung Association, American Medical Women's Association, American Society for Clinical Pathology, American Society for Echocardiography, American Society of Hematology and American Thoracic Society in 21-3725 have been changed to an amicus in this case. [5107123] [21-3725] (CMD) [Entered: 12/13/2021 08:10 AM] |
APPEARANCE filed by Jessica Anne Morton for Amici on Behalf of Appellant(s) American Academy of Family Physicians, American Academy of Pediatrics, American College of Chest Physicians, American College of Physicians, American Geriatrics Society, American Lung Association, American Medical Women's Association, American Society for Clinical Pathology, American Society for Echocardiography, American Society of Hematology, American Thoracic Society and American College of Medical Genetics and Genomics w/service 12/13/2021 [5107175] [21-3725] (JM) [Entered: 12/13/2021 09:10 AM] |
APPEARANCE filed by Rachel L. Fried for Amici on Behalf of Appellant(s) American Academy of Family Physicians, American Academy of Pediatrics, American College of Chest Physicians, American College of Medical Genetics and Genomics, American College of Physicians, American Geriatrics Society, American Lung Association, American Medical Women's Association, American Society for Clinical Pathology, American Society for Echocardiography, American Society of Hematology and American Thoracic Society w/service 12/13/2021 [5107182] [21-3725] (RF) [Entered: 12/13/2021 09:14 AM] |
APPEARANCE filed by JoAnn Kintz for Amici on Behalf of Appellant(s) American Academy of Family Physicians, American Academy of Pediatrics, American College of Chest Physicians, American College of Medical Genetics and Genomics, American College of Physicians, American Geriatrics Society, American Lung Association, American Medical Women's Association, American Society for Clinical Pathology, American Society for Echocardiography, American Society of Hematology and American Thoracic Society w/service 12/13/2021 [5107193] [21-3725] (JLK) [Entered: 12/13/2021 09:24 AM] |
JUDGE ORDER: Appellants' Emergency Motion for Stay Pending Appeal is denied. Judge Kelly would grant the motion. JAMES B. LOKEN, DUANE BENTON, JANE KELLY, Circuit Judges. [ # 5102993-2 ] Adp Dec 2021 [5107268] [21-3725] (Entry is updated to include panel members)--[Edited 12/13/2021 by CMD] (CMD) [Entered: 12/13/2021 10:59 AM] |
AMICUS/INTERVENOR brief of Reliant Care Management Company, L.L.C. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [5106897] [21-3725] (Event is edited by replacing document)--[Edited 12/10/2021 by CMD] (JWK) [Entered: 12/10/2021 02:45 PM] |
BRIEF FILED - AMICUS BRIEF in opposition to appellants' emergency motion for stay pending appeal filed by Reliant Care Management Company, L.L.C. w/service 12/10/2021 , Length: 3,496 words [5107088] [21-3725] (Entry is edited to change from brief filed to response filed event)--[Edited 12/13/2021 by CMD] (CMD) [Entered: 12/10/2021 04:31 PM] |
REPLY to response [ # 5105822-2 ] filed by Appellants Mr. Xavier Becerra, United States of America, Mr. Daniel Tsai, Joseph R. Biden, Jr., Ms. Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, HHS and Ms. Meena Seshamani w/service 12/09/2021. [5106350] [21-3725] (LM) [Entered: 12/09/2021 11:42 AM] |
RESPONSE in opposition to 28(j) citation [ # 5104691-2 ], 28(j) citation [ # 5104691-3 ] filed by Attorney Mr. Jesus Armando Osete for Appellees State of Alaska, State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota and State of Wyoming , w/service 12/08/2021. [5105832] [21-3725] RESPONSE in opposition to Rule 28(j) citation [5105832-2] ,. - FOR CAL [5105832] [21-3725]--[Edited 12/08/2021 by CMD] (JAO) [Entered: 12/08/2021 11:02 AM] |
RESPONSE in opposition to motion [ # 5102993-2 ] filed by Mr. Jesus Armando Osete for Appellees State of Alaska, State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota and State of Wyoming, Mr. Dean John Sauer for Appellees State of Alaska, State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota and State of Wyoming, Ms. Madison McMillian Green for Appellee State of Missouri, Mr. James A. Campbell for Appellees State of Alaska, State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota and State of Wyoming, Mr. Samuel Paul Langholz for Appellee State of Iowa and Mr. Kurtis K. Wiard for Appellee State of Kansas , w/service 12/08/2021. [5105822] [21-3725] (JAO) [Entered: 12/08/2021 10:50 AM] |
CLERK ORDER: Parties are notified that absent the filing of a formal objection by Friday, December 10, 2021, the motion of American College of Physicians and Eleven Other Organizations for leave to participate as amicus curiae in support of Appellants will be deemed as granted. [5105819] [21-3725] (CMD) [Entered: 12/08/2021 10:42 AM] |
MOTION interested party, AMERICAN COLLEGE OF PHYSICIANS, AND ELEVEN OTHER ORGANIZATIONS , for leave to file amicus curiae brief on behalf of Defendants-Appellants. w/service 12/07/2021. [5105693] [21-3725] (RF) [Entered: 12/07/2021 05:25 PM] |
28(j) citation filed by Appellants Mr. Xavier Becerra, Joseph R. Biden, Jr., Ms. Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, HHS, Ms. Meena Seshamani, Mr. Daniel Tsai and United States of America w/service 12/06/2021 - FOR CAL [5105071] [21-3725] (LM) [Entered: 12/06/2021 03:31 PM] |
28(j) citation filed by Appellants Mr. Xavier Becerra, Joseph R. Biden, Jr., Ms. Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, HHS, Ms. Meena Seshamani, Mr. Daniel Tsai and United States of America w/service 12/06/2021 - FOR CAL [5104691] [21-3725] (LM) [Entered: 12/06/2021 08:14 AM] |
JUDGE ORDER: Appellees are directed to provide an expedited response to Appellants Emergency Motion for Stay Pending Appeal by Wednesday, December 8, 2021. [ # 5102993-2 ]. Adp Dec 2021 [5104041] [21-3725] (CMD) [Entered: 12/02/2021 01:24 PM] |
APPEARANCE filed by Jesus A. Osete for Appellees State of Alaska, State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota and State of Wyoming w/service 11/30/2021 [5102777] [21-3725] (JAO) [Entered: 11/30/2021 11:57 AM] |
BRIEFING SCHEDULE SET AS FOLLOWS: Appendix due on 01/10/2022. BRIEF OF APPELLANT Xavier Becerra, Joseph R. Biden Jr., Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, United States Department of Health and Human Services and United States of America due 01/10/2022. Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5102749] [21-3725] (AEV) [Entered: 11/30/2021 11:36 AM] |
Originating court document filed consisting of notice of appeal, Motion for Preliminary Injunction 11/12/21, Memo in Opposition 11/22/21, Reply 11/23/21, Memorandum and Order 11/29/21, docket entries, [5102744] [21-3725] (AEV) [Entered: 11/30/2021 11:33 AM] |
APPEARANCE filed by Laura E. Myron for Appellants Mr. Xavier Becerra, Joseph R. Biden, Jr., Ms. Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, HHS, Ms. Meena Seshamani, Mr. Daniel Tsai and United States of America w/service 11/30/2021 [5102795] [21-3725] (LM) [Entered: 11/30/2021 12:05 PM] |
APPEARANCE filed by D. John Sauer for Appellees State of Alaska, State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota and State of Wyoming w/service 11/30/2021 [5103087] [21-3725] (DJS) [Entered: 11/30/2021 04:42 PM] |
Civil case docketed. [5102741] [21-3725] (AEV) [Entered: 11/30/2021 11:31 AM] |
MOTION for stay pending appeal, filed by Attorney Ms. Alisa Beth Klein for Appellants Mr. Xavier Becerra, Joseph R. Biden, Jr., Ms. Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Ms. Meena Seshamani, Mr. Daniel Tsai, HHS and United States of America w/service 11/30/2021. [5102993] [21-3725] (ABK) [Entered: 11/30/2021 03:23 PM] |
APPEARANCE filed by James A. Campbell for Appellees State of Alaska, State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota and State of Wyoming w/service 11/30/2021 [5102814] [21-3725] (JAC) [Entered: 11/30/2021 12:33 PM] |
APPEARANCE filed by Alisa Klein for Appellants Mr. Xavier Becerra, Joseph R. Biden, Jr., Ms. Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, HHS, Ms. Meena Seshamani, Mr. Daniel Tsai and United States of America w/service 11/30/2021 [5102801] [21-3725] (ABK) [Entered: 11/30/2021 12:15 PM] |
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