Robert Odell, Jr., et al v. HHS, et al
| ALEX M. AZAR II and UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES |
| ROBERT ODELL, M.D., PH.D. MEDICAL ENTERPRISES, A Nevada Corporation and ROBERT H. ODELL, Jr. |
| 19-15262 |
| February 13, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
 Odell v. U.S. Department of Health & Human Services
|
Docket Report
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This docket was last retrieved on February 20, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 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. [11201059] (CL) [Entered: 02/20/2019 12:19 PM] |
| Filing 12 Filed clerk order (Deputy Clerk: SM): The courts records reflect that the notice of appeal was filed during the pendency of a timely filed motion listed in Federal Rule of Appellate Procedure 4(a)(4). The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of the pending motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 7 days after the district courts ruling on the pending motion, appellants shall notify this court in writing of the ruling and shall advise whether appellants intend to prosecute this appeal. To appeal the district courts ruling on the January 8, 2019 motion for rehearing, appellants must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. Appellants motion to hold case in abeyance (Docket Entry No. [ # 5 ]) is denied as unnecessary. The Clerk shall serve this order on the district court. [11200365] (TSP) [Entered: 02/20/2019 07:26 AM] |
| Filing 11 Added attorney George K. Brew for Robert H. Odell Jr. Robert Odell, M.D., Ph.D. Medical Enterprises. [11199428] (RL) [Entered: 02/19/2019 01:37 PM] |
| Filing 10 Filed (ECF) notice of appearance of George Kellen Brew, Esquire for Appellees Robert H. Odell, Jr. and Robert Odell, M.D., Ph.D. Medical Enterprises. Substitution for Attorney George K. Brew for Appellees Robert H. Odell, Jr. and Robert Odell, M.D., Ph.D. Medical Enterprises. Date of service: 02/19/2019. (Party previously proceeding without counsel: No) [11199383] [19-15262] (Brew, George) [Entered: 02/19/2019 01:31 PM] |
| Filing 9 The Mediation Questionnaire for this case was filed on 02/19/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11199235] (AD) [Entered: 02/19/2019 12:44 PM] |
| Filing 8 Added attorney Abby Christine Wright for United States Department of Health and Human Services Alex M. Azar II. [11198992] (RL) [Entered: 02/19/2019 11:21 AM] |
| Filing 7 Filed (ECF) notice of appearance of Abby C. Wright for Appellants Alex M. Azar, II and United States Department of Health and Human Services. Date of service: 02/19/2019. (Party previously proceeding without counsel: No) [11198958] [19-15262] (Wright, Abby) [Entered: 02/19/2019 11:09 AM] |
| Filing 6 Filed (ECF) Appellants Alex M. Azar, II and United States Department of Health and Human Services Mediation Questionnaire. Date of service: 02/19/2019. [11198458] [19-15262] (Carroll, Sarah) [Entered: 02/19/2019 08:59 AM] |
| Filing 5 Filed (ECF) Appellants Alex M. Azar, II and United States Department of Health and Human Services Unopposed Motion to stay appellate proceedings. Date of service: 02/15/2019. [11195924] [19-15262] (Carroll, Sarah) [Entered: 02/15/2019 02:33 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: TSP): The appeal filed February 12, 2019 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than March 12, 2019; the answering brief is due April 9, 2019 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11190873] (OC) [Entered: 02/14/2019 03:35 PM] |
| Filing 3 Added attorney Sarah W. Carroll for United States Department of Health and Human Services Alex M. Azar II. [11188976] (RL) [Entered: 02/13/2019 01:18 PM] |
| Filing 2 Filed (ECF) notice of appearance of Sarah Carroll for Appellants Alex M. Azar, II and United States Department of Health and Human Services. Date of service: 02/13/2019. (Party previously proceeding without counsel: No) [11188862] [19-15262] (Carroll, Sarah) [Entered: 02/13/2019 12:25 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction, C.R. 3-3 [11188371] (JBS) [Entered: 02/13/2019 09:21 AM] |
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