US ex rel. Hrayr Shahinian, MD v. Kimberly-Clark Corp.
Plaintiff / Appellant: HRAYR SHAHINIAN, M.D., F.A.C.S., an individual; Realtor ex rel. USA; on behalf of the United States of America, the District of Columbia, the City of Chicago, and the states of California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Il
Defendant / Appellee: KIMBERLY-CLARK CORPORATION, a Delaware Corporation
Case Number: 18-56532
Filed: November 15, 2018
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Qui Tam False Claims Act
Docket Report

This docket was last retrieved on June 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 30, 2020 Filing 52 MANDATE ISSUED.(SRT, FFF and WAF) [11738770] (HH) [Entered: 06/30/2020 03:46 PM]
June 4, 2020 Filing 51 Filed clerk order (Deputy Clerk: MM): At the direction of the Court, costs are hereby taxed against appellee. [11710780] (MM) [Entered: 06/04/2020 09:47 AM]
June 4, 2020 Filing 50 FILED MEMORANDUM DISPOSITION (SIDNEY R. THOMAS, FERDINAND F. FERNANDEZ and WILLIAM A. FLETCHER) VACATED and REMANDED. FILED AND ENTERED JUDGMENT. [11710775] (MM) [Entered: 06/04/2020 09:45 AM]
April 15, 2020 Filing 49 SUBMITTED ON THE BRIEFS TO SIDNEY R. THOMAS, FERDINAND F. FERNANDEZ and WILLIAM A. FLETCHER. [11661426] (BG) [Entered: 04/15/2020 09:03 AM]
April 6, 2020 Filing 48 Filed order (SIDNEY R. THOMAS, FERDINAND F. FERNANDEZ and WILLIAM A. FLETCHER): The court is of the opinion that the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. Therefore, this matter is ordered submitted without oral argument on April 15, 2020, at Pasadena, California. Fed. R. App. P. 34(a)(2). [11653263] (AF) [Entered: 04/06/2020 05:03 PM]
March 17, 2020 Filing 47 Filed NOTICE (Deputy Clerk: KJC): In light of the current health emergency and Center for Disease Control guidelines, the Court is vacating the oral arguments scheduled for April 13 -17, 2020 in Courtroom 1 of the Richard H. Chambers United States Court of Appeals Courthouse in Pasadena, California. Some cases may be submitted on the briefs pursuant to Fed. R. App. P. 34(f). Other oral arguments may be postponed to a time and place to be determined. The Court will issue an order in each case in due course regarding submission or rescheduling. [11632724] [18-50293, 17-70907, 17-73233, 18-71073, 17-16087, 19-15052, 19-55180, 18-56532, 18-55478, 18-55558, 18-55483, 19-60012, 19-60013, 16-56675, 17-55316, 19-71231, 18-56225, 19-55292]--[Edited 03/17/2020 by ASW; removed from case 19-17061] (KJC) [Entered: 03/17/2020 02:15 PM]
February 4, 2020 Filing 46 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Julian Wing-Kai Poon, Esquire for Appellee Kimberly-Clark Corporation. Hearing in Pasadena on 04/15/2020 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/04/2020. [11583992] [18-56532] (Poon, Julian) [Entered: 02/04/2020 09:06 AM]
February 2, 2020 Filing 45 Notice of Oral Argument on Wednesday, April 15, 2020 - 09:00 A.M. - Courtroom 1 - Pasadena CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Wednesday, April 15, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11581725]. [Array, 18-56532] (AW) [Entered: 02/02/2020 06:09 AM]
November 22, 2019 Filing 44 Filed (ECF) Attorney Mr. Thomas D. Warren for Appellant Hrayr Shahinian response to notice for case being considered for oral argument. Date of service: 11/22/2019. [11509832] [18-56532] (Warren, Thomas) [Entered: 11/22/2019 05:04 PM]
November 21, 2019 Filing 43 This case is being considered for an upcoming oral argument calendar in Pasadena. Please review the Pasadena sitting dates for April 14 - 17, 2020 at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation). [11506628] (KJC) [Entered: 11/21/2019 09:23 AM]
November 1, 2019 Filing 42 Filed (ECF) Attorney Mr. Thomas D. Warren for Appellant Hrayr Shahinian response to notice for case being considered for oral argument. Date of service: 11/01/2019. [11486934] [18-56532] (Warren, Thomas) [Entered: 11/01/2019 06:19 PM]
November 1, 2019 Filing 41 Filed (ECF) Attorney Mr. Julian Wing-Kai Poon, Esquire for Appellee Kimberly-Clark Corporation response to notice for case being considered for oral argument. Date of service: 11/01/2019. [11485867] [18-56532] (Poon, Julian) [Entered: 11/01/2019 10:42 AM]
October 31, 2019 Filing 40 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for March 2020 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[11485333][18-56532] (AW) [Entered: 10/31/2019 03:51 PM]
October 7, 2019 Filing 39 Filed (ECF) Attorney Mr. Julian Wing-Kai Poon, Esquire for Appellee Kimberly-Clark Corporation response to notice for case being considered for oral argument. Date of service: 10/07/2019. [11455585] [18-56532] (Poon, Julian) [Entered: 10/07/2019 09:09 AM]
October 2, 2019 Filing 38 Filed (ECF) Attorney Mr. Thomas D. Warren for Appellant Hrayr Shahinian response to notice for case being considered for oral argument. Date of service: 10/02/2019. [11451793] [18-56532] (Warren, Thomas) [Entered: 10/02/2019 02:31 PM]
October 2, 2019 Filing 37 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for February 2020 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[11451252][18-56532] (AW) [Entered: 10/02/2019 11:03 AM]
July 19, 2019 Filing 36 Received 7 paper copies of Reply Brief [ # 34 ] filed by Hrayr Shahinian. [11369704] (DB) [Entered: 07/19/2019 01:06 PM]
July 16, 2019 Filing 35 Filed clerk order: The reply brief [ # 34 ] submitted by Hrayr Shahinian is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [11364544] (KT) [Entered: 07/16/2019 09:44 AM]
July 15, 2019 Filing 34 Submitted (ECF) Reply Brief for review. Submitted by Appellant Hrayr Shahinian. Date of service: 07/15/2019. [11364178] [18-56532] (Warren, Thomas) [Entered: 07/15/2019 06:14 PM]
July 9, 2019 Filing 33 Filed clerk order (Deputy Clerk: th): Granting Appellant's Late Motion [ # 31 ] (ECF Filing) to extend time to file the optional reply brief. The optional reply brief is due July 15, 2019. This order was issued prior to the expiration of time within which a response may be filed. Fed. R. App. P. 27(b). [11357500] (TH) [Entered: 07/09/2019 09:19 AM]
July 1, 2019 Filing 32 Terminated Michael J. Avenatti for Hrayr Shahinian in 18-56532 [11350900] (RR) [Entered: 07/01/2019 03:15 PM]
July 1, 2019 Filing 31 Filed (ECF) Appellant Hrayr Shahinian Motion to extend time to file Reply brief until 07/15/2019. Date of service: 07/01/2019. [11350486] [18-56532] (Warren, Thomas) [Entered: 07/01/2019 01:12 PM]
July 1, 2019 Filing 30 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Michael J. Avenatti, Esquire for Appellant Hrayr Shahinian. Party proceeding without counsel: No. Date of service: 07/01/2019. [11350050] [18-56532] (Avenatti, Michael) [Entered: 07/01/2019 10:15 AM]
June 28, 2019 Filing 29 Added attorney Thomas D. Warren for Hrayr Shahinian, in case 18-56532. [11348885] (RR) [Entered: 06/28/2019 02:39 PM]
June 28, 2019 Filing 28 Notice of Appearance (ECF Filing) [26] is rejected. Wrong counsel name. [11348871] (RR) [Entered: 06/28/2019 02:35 PM]
June 28, 2019 Filing 27 Filed (ECF) notice of appearance of Thomas David Warren for Appellant Hrayr Shahinian. Date of service: 06/28/2019. (Party previously proceeding without counsel: No) [11348477] [18-56532] (Warren, Thomas) [Entered: 06/28/2019 11:47 AM]
June 28, 2019 Filing 26 Filed (ECF) notice of appearance of Thomas Davock Warren for Appellant Hrayr Shahinian. Date of service: 06/28/2019. (Party previously proceeding without counsel: No) [11348320] [18-56532] (Warren, Thomas) [Entered: 06/28/2019 10:50 AM]
May 30, 2019 Filing 25 Received 7 paper copies of Answering Brief [ # 21 ] filed by Kimberly-Clark Corporation. [11313907] (SD) [Entered: 05/30/2019 02:24 PM]
May 30, 2019 Filing 24 Filed 4 paper copies of supplemental excerpts of record [ # 22 ] in 1 volume(s) filed by Appellee Kimberly-Clark Corporation. [11313904] (KT) [Entered: 05/30/2019 02:24 PM]
May 24, 2019 Filing 23 Filed clerk order: The answering brief [ # 21 ] submitted by Kimberly-Clark Corporation is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The Court has reviewed the supplemental excerpts of record [ # 22 ] submitted by Kimberly-Clark Corporation. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11308535] (KT) [Entered: 05/24/2019 10:39 AM]
May 23, 2019 Filing 22 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Kimberly-Clark Corporation. Date of service: 05/23/2019. [11308143] [18-56532] (Poon, Julian) [Entered: 05/23/2019 06:10 PM]
May 23, 2019 Filing 21 Submitted (ECF) Answering Brief for review. Submitted by Appellee Kimberly-Clark Corporation. Date of service: 05/23/2019. [11308142] [18-56532] (Poon, Julian) [Entered: 05/23/2019 06:09 PM]
March 29, 2019 Filing 20 Streamlined request [19] by Appellee Kimberly-Clark Corporation to extend time to file the brief is approved. Amended briefing schedule: Appellee Kimberly-Clark Corporation answering brief due 05/24/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11246506] (BG) [Entered: 03/29/2019 11:24 AM]
March 29, 2019 Filing 19 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Kimberly-Clark Corporation. New requested due date is 05/24/2019. [11246420] [18-56532] (Poon, Julian) [Entered: 03/29/2019 10:56 AM]
March 19, 2019 Filing 18 Terminated Ahmed Ibrahim for Hrayr Shahinian in 18-56532 (Due to incorrect ECF account information). [11233934] (SLM) [Entered: 03/19/2019 12:46 PM]
March 12, 2019 Filing 17 Received 7 paper copies of Opening Brief [ # 11 ] filed by Hrayr Shahinian. [11226354] (RG) [Entered: 03/13/2019 02:24 PM]
March 12, 2019 Filing 16 Filed 4 paper copies of excerpts of record [ # 12 ] in 6 volume(s) filed by Appellant Hrayr Shahinian. [11224812] (KT) [Entered: 03/12/2019 02:01 PM]
March 6, 2019 Filing 15 Terminated Mark E. Haddad for Kimberly-Clark Corporation in 18-56532 [11218810] (RR) [Entered: 03/06/2019 05:15 PM]
March 6, 2019 Filing 14 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mark E. Haddad for Appellee Kimberly-Clark Corporation. Party proceeding without counsel: No. Date of service: 03/06/2019. [11218635] [18-56532] (Haddad, Mark) [Entered: 03/06/2019 03:56 PM]
March 6, 2019 Filing 13 Filed clerk order: The opening brief [ # 11 ] submitted by Hrayr Shahinian is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The Court has reviewed the excerpts of record [ # 12 ] submitted by Hrayr Shahinian. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11217731] (KT) [Entered: 03/06/2019 09:59 AM]
March 6, 2019 Filing 12 Submitted (ECF) excerpts of record. Submitted by Appellant Hrayr Shahinian. Date of service: 03/06/2019. [11217618] [18-56532] (Avenatti, Michael) [Entered: 03/06/2019 09:23 AM]
March 6, 2019 Filing 11 Submitted (ECF) Opening Brief for review. Submitted by Appellant Hrayr Shahinian. Date of service: 03/06/2019. [11217603] [18-56532] (Avenatti, Michael) [Entered: 03/06/2019 09:17 AM]
February 20, 2019 Filing 10 Streamlined request [9] by Appellant Hrayr Shahinian to extend time to file the brief is approved. Amended briefing schedule: Appellant Hrayr Shahinian opening brief due 03/25/2019. Appellee Kimberly-Clark Corporation answering brief due 04/24/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11201484] (BG) [Entered: 02/20/2019 02:43 PM]
February 20, 2019 Filing 9 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Hrayr Shahinian. New requested due date is 03/20/2019. [11200918] [18-56532] (Avenatti, Michael) [Entered: 02/20/2019 11:28 AM]
December 27, 2018 Filing 8 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [11135217] (BLS) [Entered: 12/27/2018 03:53 PM]
December 26, 2018 Filing 7 Added attorney Jeremy Sokol Smith, Julian Wing-Kai Poon, Theodore J. Boutrous Jr. for Kimberly-Clark Corporation, in case 18-56532. [11133461] (RR) [Entered: 12/26/2018 11:25 AM]
December 26, 2018 Filing 6 Filed (ECF) notice of appearance of Theodore J. Boutrous, Jr. for Appellee Kimberly-Clark Corporation. Date of service: 12/26/2018. (Party previously proceeding without counsel: No) [11133448] [18-56532] (Boutrous, Theodore) [Entered: 12/26/2018 11:20 AM]
December 26, 2018 Filing 5 Filed (ECF) notice of appearance of Jeremy S. Smith for Appellee Kimberly-Clark Corporation. Date of service: 12/26/2018. (Party previously proceeding without counsel: No) [11133358] [18-56532] (Smith, Jeremy) [Entered: 12/26/2018 10:46 AM]
December 26, 2018 Filing 4 Filed (ECF) notice of appearance of Julian W. Poon for Appellee Kimberly-Clark Corporation. Date of service: 12/26/2018. (Party previously proceeding without counsel: No) [11133339] [18-56532] (Poon, Julian) [Entered: 12/26/2018 10:42 AM]
November 27, 2018 Filing 3 Filed (ECF) Appellant Hrayr Shahinian Mediation Questionnaire. Date of service: 11/27/2018. [11100020] [18-56532] (Avenatti, Michael) [Entered: 11/27/2018 10:22 AM]
November 26, 2018 Filing 2 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. Failure to comply with this order will result in dismissal pursuant to Ninth Cir. R. 42-1. [11098175] (LW) [Entered: 11/26/2018 09:49 AM]
November 15, 2018 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 11/23/2018. Transcript ordered by 12/13/2018. Transcript due 01/14/2019. Appellant Hrayr Shahinian opening brief due 02/21/2019. Appellee Kimberly-Clark Corporation answering brief due 03/25/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11089135] (RT) [Entered: 11/15/2018 01:26 PM]

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Plaintiff / appellant: HRAYR SHAHINIAN, M.D., F.A.C.S., an individual; Realtor ex rel. USA; on behalf of the United States of America, the District of Columbia, the City of Chicago, and the states of California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Il
Represented By: Thomas D. Warren
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Defendant / appellee: KIMBERLY-CLARK CORPORATION, a Delaware Corporation
Represented By: Alycia A. Degen
Represented By: Kristin Graham Koehler Esquire
Represented By: Scott D. Stein
Represented By: Theodore J. Boutrous Esquire Jr.
Represented By: Julian Wing-Kai Poon Esquire
Represented By: Jeremy Sokol Smith
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