State of Kansas, et al v. United States, et al
| State of Tennessee, State of New Hampshire, State of Nebraska, State of Montana, State of South Carolina, State of South Dakota, State of North Dakota, State of Ohio, State of Kansas, State of Idaho, State of Alabama, Commonwealth of Kentucky, State of Florida, State of Indiana, State of Missouri, State of Arkansas, State of Iowa, State of Texas and Commonwealth of Virginia |
| United States of America and Centers for Medicare & Medicaid Services |
| CASA, Hyun Kim, Claudia Moya Lopez and Dania Quezada Torres |
| 24-3521 |
| December 12, 2024 |
| U.S. Court of Appeals, Eighth Circuit |
| Other Statutes |
Docket Report
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APPELLEE brief of State of Kansas, State of Alabama, Commonwealth of Kentucky, Commonwealth of Virginia, State of Arkansas, State of Florida, State of Idaho, State of Indiana, State of Iowa, State of Missouri, State of Montana, State of Nebraska, State of New Hampshire, State of North Dakota, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee and State of Texas 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. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5483807] [24-3521] (AJP) [Entered: 02/07/2025 04:31 PM]
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Paper copies Amicus Brief, [ # 5481978-2 ] filed by CASA, Hyun Kim, Claudia Moya Lopez and Dania Quezada Torres 10 paper copies received. [5483547] [24-3521] (CRJ) [Entered: 02/07/2025 10:57 AM]
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APPEARANCE filed by James Rodriguez for Appellee State of Kansas w/service 02/05/2025 [5482469] [24-3521] (JR) [Entered: 02/05/2025 10:21 AM]
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BRIEF FILED - AMICUS BRIEF filed by CASA, Hyun Kim, Claudia Moya Lopez and Dania Quezada Torres w/service 02/04/2025 , Length: 6,487 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM CASA, Hyun Kim, Claudia Moya Lopez and Dania Quezada Torres due 02/10/2025 WITH certificate of service for paper briefs [5481978] [24-3521]--[Edited 02/04/2025 by CRJ. Entry edited to send form.] (CRJ) [Entered: 02/04/2025 11:23 AM]
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AMICUS/INTERVENOR brief of Claudia Moya Lopez, Hyun Kim, Dania Quezada Torres, and CASA, Inc. 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. [5481729] [24-3521] (MSR) [Entered: 02/03/2025 10:56 PM]
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CLERK ORDER:Granting [ # 5480951-2 ] motion to withdraw as counsel filed by Abhishek S. Kambli. Abhishek S. Kambli for State of Kansas has been granted leave to withdraw from this case. [5481220] [24-3521] (CRJ) [Entered: 02/03/2025 10:11 AM]
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28(j) citation filed by Appellants United States of America and Centers for Medicare & Medicaid Services w/service 01/31/2025 - FOR CAL [5480947] [24-3521] (JK) [Entered: 01/31/2025 02:12 PM]
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MOTION to withdraw as retained counsel, filed by Attorney Abhishek S. Kambli for Appellee State of Kansas w/service 01/31/2025. [5480951] [24-3521] (ASK) [Entered: 01/31/2025 02:18 PM]
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Brief deficiency notice sent to counsel, Attorney Matthew S. Rozen for Amici on Behalf of Appellant(s) CASA, Claudia Moya Lopez, Dania Quezada Torres and Hyun Kim. [5480408] [24-3521] (CRJ) [Entered: 01/30/2025 12:33 PM]
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APPEARANCE filed by Allen Huang for Appellee State of Florida w/service 01/29/2025 [5480022] [24-3521] (AH) [Entered: 01/29/2025 03:46 PM]
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APPEARANCE filed by Anthony J. Powell for Appellee State of Kansas w/service 01/29/2025 [5479959] [24-3521] (AJP) [Entered: 01/29/2025 02:52 PM]
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AMICUS/INTERVENOR brief of Claudia Moya Lopez, Hyun Kim, Dania Quezada Torres, and CASA, Inc. 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. [5479435] [24-3521] (MSR) [Entered: 01/28/2025 04:37 PM]
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CLERK ORDER:Parties are notified that absent the filing of a formal objection within10 days, the motion of American Cancer Society Cancer Action Network, American Lung Association, Epilepsy Foundation of America, Leukemia & Lymphoma Society and Muscular Dystrophy Association for leave to participate as amicus curiae in support of Appellants will be deemed as granted. [5479357] [24-3521] (CRJ) [Entered: 01/28/2025 03:14 PM]
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MOTION interested party, American Cancer Society Cancer Action Network; American Lung Association; Epilepsy Foundation of America; Leukemia & Lymphoma Society; Muscular Dystrophy Association , for leave to file amicus curiae brief on behalf of Defendants-Appellants. w/service 01/24/2025. [5478294] [24-3521] (JC) [Entered: 01/24/2025 02:45 PM]
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CLERK ORDER:Granting [ # 5477802-2 ] motion to withdraw as counsel filed by Clifton E. Katz. Clifton E. Katz for State of South Dakota has been granted leave to withdraw from this case. [5478190] [24-3521] (CRJ) [Entered: 01/24/2025 12:44 PM]
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***DOCUMENT LOCKED***AMICUS/INTERVENOR brief of American Cancer Society Cancer Action Network; American Lung Association; Epilepsy Foundation of America; Leukemia & Lymphoma Society; Muscular Dystrophy Association 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. [5477919] [24-3521]--[Edited 01/27/2025 by CRJ. Counsel has resubmitted the brief, along with a motion using the correct relief. See history #5478294] (JC) [Entered: 01/24/2025 08:08 AM]
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MOTION to withdraw as retained counsel, filed by Attorney Clifton E. Katz for Appellee State of South Dakota w/service 01/23/2025. [5477802] [24-3521] (CEK) [Entered: 01/23/2025 03:42 PM]
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APPEARANCE filed by Jonathan K. Van Patten for Appellee State of South Dakota w/service 01/23/2025 [5477759] [24-3521] (JKV) [Entered: 01/23/2025 03:12 PM]
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RECORD FILED - MOTION TRANSCRIPT, 1 volumes, Comments: District Court document #89 [Only Electronic Copy Received - No Paper Copy on File], Source Location: USDC / ND, Dt. of Proceeding/Hearing: 10/15/2024, No. of Pgs.: 63, Court Reporter: Colby, Ronda L. [5476836] [24-3521] (STL) [Entered: 01/22/2025 08:07 AM]
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RECORD FILED - JOINT APPENDIX, 1 volume, Comments: 3 copies [5477211] [24-3521] (CRJ) [Entered: 01/22/2025 02:46 PM]
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BRIEF FILED - APPELLANT BRIEF filed by Centers for Medicare & Medicaid Services and United States of America. w/service 01/21/2025 , Length: 12,998 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Centers for Medicare & Medicaid Services and United States of America due 01/27/2025 WITH certificate of service for paper briefs. Brief of Commonwealth of Kentucky, Commonwealth of Virginia, State of Alabama, State of Arkansas, State of Florida, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Missouri, State of Montana, State of Nebraska, State of New Hampshire, State of North Dakota, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee and State of Texas due on 02/07/2025 [5476436] [24-3521] (CRJ) [Entered: 01/21/2025 11:08 AM]
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ADDENDUM of APPELLANT FILED by Appellants Centers for Medicare & Medicaid Services and United States of America , w/service 01/21/2025 [5476437] [24-3521] (CRJ) [Entered: 01/21/2025 11:10 AM]
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Addendum of APPELLANT submitted for review by Centers for Medicare & Medicaid Services and United States of America. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5476201] [24-3521] (LEO) [Entered: 01/17/2025 05:58 PM]
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APPELLANT brief of Centers for Medicare & Medicaid Services and United States of America 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. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5476200] [24-3521] (LEO) [Entered: 01/17/2025 05:56 PM]
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APPEARANCE filed by Robert M. Overing for Appellee State of Alabama w/service 01/15/2025 [5474928] [24-3521] (RMO) [Entered: 01/15/2025 08:51 AM]
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APPEARANCE filed by Tanya Broder for Amici on Behalf of Appellant(s) CASA, Hyun Kim, Claudia Moya Lopez and Dania Quezada Torres w/service 01/14/2025 [5474788] [24-3521] (TB) [Entered: 01/14/2025 03:22 PM]
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APPEARANCE filed by Hilda Bonilla for Amici on Behalf of Appellant(s) CASA, Hyun Kim, Claudia Moya Lopez and Dania Quezada Torres w/service 01/14/2025 [5474807] [24-3521] (HB) [Entered: 01/14/2025 03:31 PM]
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APPEARANCE filed by Joanna Elise Cuevas Ingram for Amici on Behalf of Appellant(s) CASA, Hyun Kim, Claudia Moya Lopez and Dania Quezada Torres w/service 01/14/2025 [5474802] [24-3521] (JEI) [Entered: 01/14/2025 03:29 PM]
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APPEARANCE filed by Nicholas Espiritu for Amici on Behalf of Appellant(s) CASA, Hyun Kim, Claudia Moya Lopez and Dania Quezada Torres w/service 01/14/2025 [5474792] [24-3521] (NDE) [Entered: 01/14/2025 03:25 PM]
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CLERK ORDER:Granting [ # 5470219-2 ] motion to withdraw as retained counsel filed by Nicholas J. Bronni. Nicholas J. Bronni for State of Arkansas has been granted leave to withdraw from this case. [5470260] [24-3521] (CRJ) [Entered: 12/27/2024 04:34 PM]
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APPEARANCE filed by John Matthew Butler for Amici on Behalf of Appellant(s) CASA, Hyun Kim, Claudia Moya Lopez and Dania Quezada Torres w/service 12/27/2024 [5470227] [24-3521] (JMB) [Entered: 12/27/2024 03:35 PM]
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APPEARANCE filed by Betty Yang for Amici on Behalf of Appellant(s) CASA, Hyun Kim, Claudia Moya Lopez and Dania Quezada Torres w/service 12/27/2024 [5470225] [24-3521] (BY) [Entered: 12/27/2024 03:33 PM]
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APPEARANCE filed by Matthew S. Rozen for Amici on Behalf of Appellant(s) CASA, Hyun Kim, Claudia Moya Lopez and Dania Quezada Torres w/service 12/27/2024 [5470224] [24-3521] (MSR) [Entered: 12/27/2024 03:32 PM]
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MOTION to withdraw as retained counsel, filed by Attorney Nicholas J. Bronni for Appellee State of Arkansas w/service 12/27/2024. [5470219] [24-3521] (NJB) [Entered: 12/27/2024 03:28 PM]
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RESPONSE: Amicus brief in support of appellants' motion for stay [ # 5466501-2 ] filed by Attorney Matthew S. Rozen for Amici on Behalf of Appellant(s) CASA, Claudia Moya Lopez, Dania Quezada Torres and Hyun Kim , w/service 12/23/2024. [5469587] [24-3521] (AMT) [Entered: 12/23/2024 07:24 PM]
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JUDGE ORDER:Granting [ # 5467921-2 ] appellees' motion to exceed word limit filed by Adam Thomas Steinhilber.; Granting [ # 5468355-2 ] motion to file an overlength reply filed by Leif Eric Overvold. Granting [ # 5468356-2 ] motion leave to file amicus brief. CASA, Hyun Kim, Claudia Moya Lopez and Dania Quezada Torres in 24-3521 have been changed to amici curiae in this case. Adp Dec 2024 [5469586] [24-3521] (AMT) [Entered: 12/23/2024 07:08 PM]
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PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Jane Kelly and L. Steven Grasz (PUBLISHED), DISSENT BY: Jane Kelly The administrative stay is vacated, the agencys motion for stay pending appeal is denied, and the Clerk of Court is ordered to expedite the briefing schedule for full consideration by a merits panel. [ # 5466501-2 ] [5469589] [24-3521] (AMT) [Entered: 12/23/2024 07:40 PM]
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CLERK ORDER: Pursuant to the Courts Opinion filed on December 23, 2024, the parties are directed to comply with the following expedited briefing deadlines. Transcript is due January 14, 2025. Appellants brief and joint appendix are due January 17, 2025. Appellees brief is due February 7, 2025. Appellants' reply brief is due February 19, 2025. [5469591] [24-3521] (AMT) [Entered: 12/23/2024 08:10 PM]
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Certificate of transcript filed by Appellants Centers for Medicare & Medicaid Services and United States of America. No Transcript[5468762] [24-3521] (LEO) [Entered: 12/20/2024 11:22 AM]
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METHOD of appendix preparation filed by Appellants Centers for Medicare & Medicaid Services and United States of America - Joint Appendix - w/service 12/20/2024 [5468759] [24-3521] (LEO) [Entered: 12/20/2024 11:20 AM]
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STATEMENT of issues filed by Appellants Centers for Medicare & Medicaid Services and United States of America - w/service 12/20/2024. [5468756] [24-3521] (LEO) [Entered: 12/20/2024 11:18 AM]
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MOTION to file an overlength reply, filed by Attorney Leif Eric Overvold for Appellants Centers for Medicare & Medicaid Services and United States of America w/service 12/19/2024. [5468355] [24-3521]--[Edited 12/19/2024 by CRJ. Entry edited to correct docket text.] (LEO) [Entered: 12/19/2024 11:52 AM]
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CERTIFICATE OF COMPLIANCE filed by Attorney Leif Eric Overvold for Appellants United States of America and Centers for Medicare & Medicaid Services correcting [ # 5468355-2 ] motion to file an overlength reply. [5468433] [24-3521]--[Edited 12/19/2024 by CRJ. Entry edited to correct docket text.] (LEO) [Entered: 12/19/2024 01:21 PM]
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On December 1, 2016, the Federal Rules of Appellate Procedure were amended to require a certificate of compliance for motions filed under [Rule 27], certifying that the document complies with the type-volume limitations and stating the number of words in the document. Your recently filed motion did not contain this certificate of compliance with exact word count. No action will be taken on your motion to file an overlength brief, [ # 5468355-2 ], submitted by Leif Eric Overvold in 24-3521 , pending the filing of a certificate of compliance with the exact word count using the 'Certificate of Compliance' event. Please do not refile your motion [24-3521] (CRJ) [Entered: 12/19/2024 01:10 PM]
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REPLY to response in opposition to motion for stay [ # 5467926-2 ] filed by Appellants Centers for Medicare & Medicaid Services and United States of America w/service 12/19/2024. [5468358] [24-3521]--[Edited 12/19/2024 by CRJ. Entry edited to correct docket text.] (LEO) [Entered: 12/19/2024 11:55 AM]
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MOTION interested party, Claudia Moya Lopez, Dania Quezada Torres, Hyun Kim, and CASA, Inc. , for leave to file amicus curiae brief on behalf of Claudia Moya Lopez, Dania Quezada Torres, Hyun Kim, and CASA, Inc.. w/service 12/19/2024. [5468356] [24-3521] (MSR) [Entered: 12/19/2024 11:53 AM]
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MOTION To Exceed Word Limit, filed by Attorney Adam Thomas Steinhilber for Appellee State of Kansas w/service 12/18/2024. [5467921] [24-3521] (ATS) [Entered: 12/18/2024 01:42 PM]
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RESPONSE in opposition to motion for stay [ # 5466501-2 ] filed by Attorney Adam Thomas Steinhilber for Appellee State of Kansas , w/service 12/18/2024. [5467926] [24-3521] (ATS) [Entered: 12/18/2024 01:49 PM]
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APPEARANCE filed by T. Elliot Gaiser for Appellee State of Ohio w/service 12/17/2024 [5467393] [24-3521] (TEG) [Entered: 12/17/2024 02:38 PM]
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APPEARANCE filed by Marty J. Jackley for Appellee State of South Dakota w/service 12/17/2024 [5467245] [24-3521] (MJJ) [Entered: 12/17/2024 11:34 AM]
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APPEARANCE filed by Philip Axt for Appellee State of North Dakota w/service 12/16/2024 [5466936] [24-3521] (PJA) [Entered: 12/16/2024 02:54 PM]
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****DOCUMENT LOCKED**** JUDGE ORDER: Appellant's request for a temporary administrative stay of the district court's December 9, 2024 order, pending this court's consideration of Appellant's motion to stay the district court's order pending appeal, is granted. Appellees are directed to file any response(s) to Appellant's motion for stay pending appeal by December 18, 2024 at 2:00 p.m. Central Time. Any reply from Appellant is due by 12:00 p.m. Central Time on December 19, 2024. [ # 5466501-2 ]. Adp Dec 2024 [5466719] [24-3521]--[Edited 12/23/2024 by AMT] THIS ORDER HAS BEEN VACATED PURSUANT TO THE COURT'S OPINION FILED ON DECEMBER 23, 2024. (AMT) [Entered: 12/16/2024 10:46 AM]
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APPEARANCE filed by Brandon Chase for Appellee State of New Hampshire w/service 12/16/2024 [5466699] [24-3521] (BFC) [Entered: 12/16/2024 10:27 AM]
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APPEARANCE filed by Henry C. Whitaker for State of Florida for Appellee State of Florida w/service 12/16/2024 [5466601] [24-3521] (HCW) [Entered: 12/16/2024 08:35 AM]
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MOTION for stay pending appeal, filed by Attorney Leif Eric Overvold for Appellants Centers for Medicare & Medicaid Services and United States of America w/service 12/13/2024. [5466501] [24-3521] (LEO) [Entered: 12/13/2024 03:52 PM]
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APPEARANCE filed by Joshua M. Divine for Appellee State of Missouri w/service 12/13/2024 [5466070] [24-3521] (JD) [Entered: 12/13/2024 08:24 AM]
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APPEARANCE filed by Kevin M. Gallagher for Appellee Commonwealth of Virginia w/service 12/13/2024 [5466316] [24-3521] (KMG) [Entered: 12/13/2024 02:13 PM]
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APPEARANCE filed by Joseph D. Spate for Appellee State of South Carolina w/service 12/13/2024 [5466367] [24-3521] (JDS) [Entered: 12/13/2024 03:01 PM]
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****DOCUMENT LOCKED**** MOTION Notice of Intent to File Response, filed by Attorney Abhishek S. Kambli for Appellee State of Kansas w/service 12/13/2024. [5466556] [24-3521]--[Edited 12/16/2024 by AMT] THE ATTACHED DOCUMENT IS BEING REFILED BY THE CLERK'S OFFICE AS A LETTER. (ASK) [Entered: 12/13/2024 04:48 PM]
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APPEARANCE filed by James A. Barta for Appellee State of Indiana w/service 12/13/2024 [5466573] [24-3521] (JAB) [Entered: 12/13/2024 06:34 PM]
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LETTER from Abhishek S. Kambli for State of Kansas regarding Appellees' Intent to File Response. w/service 12/13/2024 [5466697] [24-3521] (AMT) [Entered: 12/16/2024 10:27 AM]
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APPEARANCE filed by Clifton E. Katz for Appellee State of South Dakota w/service 12/12/2024 [5465877] [24-3521] (CEK) [Entered: 12/12/2024 02:03 PM]
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BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 01/21/2025. Appendix due 01/31/2025. BRIEF APPELLANT, Centers for Medicare & Medicaid Services and United States due 01/31/2025 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5465694] [24-3521] (MMH) [Entered: 12/12/2024 10:52 AM]
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APPEARANCE filed by Joshua M. Koppel for Appellants Centers for Medicare & Medicaid Services and United States of America w/service 12/12/2024 [5465768] [24-3521] (JK) [Entered: 12/12/2024 11:54 AM]
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APPEARANCE filed by Zachary B. Pohlman for Appellee State of Nebraska w/service 12/12/2024 [5465782] [24-3521] (ZBP) [Entered: 12/12/2024 12:03 PM]
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APPEARANCE filed by Leif Overvold for Appellants Centers for Medicare & Medicaid Services and United States of America w/service 12/12/2024 [5465802] [24-3521] (LEO) [Entered: 12/12/2024 12:21 PM]
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APPEARANCE filed by Abhishek S. Kambli for Appellee State of Kansas w/service 12/12/2024 [5465863] [24-3521] (ASK) [Entered: 12/12/2024 01:29 PM]
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APPEARANCE filed by Sean M. Corkery for Appellee State of Idaho w/service 12/12/2024 [5465870] [24-3521] (SMC) [Entered: 12/12/2024 01:54 PM]
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APPEARANCE filed by Eric H. Wessan for Appellee State of Iowa w/service 12/12/2024 [5465873] [24-3521] (EHW) [Entered: 12/12/2024 01:57 PM]
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Originating court document filed consisting of notice of appeal, docket entries, and Order on motions for prelim. injunction and stay, TRO, and to dismiss 12/9/24 [5465690] [24-3521] (MMH) [Entered: 12/12/2024 10:49 AM]
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APPEARANCE filed by Whitney D. Hermandorfer for Appellee State of Tennessee w/service 12/12/2024 [5465881] [24-3521] (WDH) [Entered: 12/12/2024 02:17 PM]
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APPEARANCE filed by Matthew F. Kuhn for Appellee Commonwealth of Kentucky w/service 12/12/2024 [5465889] [24-3521] (MFK) [Entered: 12/12/2024 02:32 PM]
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APPEARANCE filed by Adam T. Steinhilber for Appellee State of Kansas w/service 12/12/2024 [5465905] [24-3521] (ATS) [Entered: 12/12/2024 02:50 PM]
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APPEARANCE filed by Dylan L. Jacobs for Appellee State of Arkansas w/service 12/12/2024 [5465906] [24-3521] (DAB) [Entered: 12/12/2024 02:51 PM]
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APPEARANCE filed by Munera Al-Fuhaid for Appellee State of Texas w/service 12/12/2024 [5465926] [24-3521] (MA) [Entered: 12/12/2024 03:10 PM]
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APPEARANCE filed by David Bryant for Appellee State of Texas w/service 12/12/2024 [5465931] [24-3521] (MDB) [Entered: 12/12/2024 03:12 PM]
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APPEARANCE filed by Peter M. Torstensen, Jr. for Appellee State of Montana w/service 12/12/2024 [5466009] [24-3521] (PMT) [Entered: 12/12/2024 04:35 PM]
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APPEARANCE filed by Melissa Patterson for Appellants Centers for Medicare & Medicaid Services and United States of America w/service 12/12/2024 [5466039] [24-3521] (LEO) [Entered: 12/12/2024 07:40 PM]
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Civil case docketed. [5465671] [24-3521] (MMH) [Entered: 12/12/2024 10:25 AM]
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