Essential Access Health, Inc., et al v. Alex Azar, II, et al
| ESSENTIAL ACCESS HEALTH, INC. and MELISSA MARSHALL, M.D. |
| ALEX M. AZAR II, Secretary of U.S. Department of Health and Human Services and UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES |
| SUSAN B. ANTHONY LIST, NATIONAL CENTER FOR LESBIAN RIGHTS, EQUALITY FEDERATION, FAMILY EQUALITY COUNCIL, GLMA: HEALTH PROFESSIONALS ADVANCING LGBTQ EQUALITY, THE HIV MEDICINE ASSOCIATION, THE NATIONAL CENTER FOR TRANSGENDER EQUALITY, THE NATIONAL LGBTQ TASK FORCE, THE SEXU, AMERICANS UNITED FOR LIFE, STATE OF OHIO, AND 12 OTHER STATES, AMERICAN CENTER FOR LAW AND JUSTICE, NATIONAL HEALTH LAW PROGRAM, et al. and INSTITUTE FOR POLICY INTEGRITY AT NEW YORK UNIVERSITY SCHOOL OF LAW |
| 19-15979 |
| May 7, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 62 Filed 4 paper copies of supplemental excerpts of record [ # 29 ] in 4 volume(s) filed by Appellee State of California. [11355285] [19-15974, 19-15979] (KWG) [Entered: 07/05/2019 02:26 PM] |
| Filing 61 Filed clerk order: The amicus brief [ # 59 ] submitted by Institute for Policy Integrity at New York University School of Law 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11355268] [19-15974, 19-15979] (KWG) [Entered: 07/05/2019 02:20 PM] |
| Filing 60 Entered appearance of Amicus Curiae Institute for Policy Integrity at New York University School of Law. [11355265] [19-15974, 19-15979] (KWG) [Entered: 07/05/2019 02:19 PM] |
| Filing 59 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Institute for Policy Integrity. Date of service: 07/05/2019. [11355217] [19-15974, 19-15979] (Revesz, Richard) [Entered: 07/05/2019 02:03 PM] |
| Filing 58 Received 7 paper copies of Answering Brief [ # 41 ] filed by Essential Access Health, Inc. and Melissa Marshall. [11354995] [19-15974, 19-15979] (SD) [Entered: 07/05/2019 11:24 AM] |
| Filing 57 Filed clerk order: The amicus brief [ # 51 ] submitted by National Health Law Program, et al. 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11354970] [19-15974, 19-15979] (KWG) [Entered: 07/05/2019 11:12 AM] |
| Filing 56 Filed clerk order: The amicus brief [ # 50 ] submitted by NCLR, et al. 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11354968] [19-15974, 19-15979] (KWG) [Entered: 07/05/2019 11:10 AM] |
| Filing 55 Entered appearance of Amici Curiae NCLR, et al. and National Health Law Program, et al.. [11354965] [19-15974, 19-15979] (KWG) [Entered: 07/05/2019 11:09 AM] |
| Filing 54 Received 7 paper copies of Answering Brief [ # 28 ] filed by State of California. [11354956] [19-15974, 19-15979] (SD) [Entered: 07/05/2019 11:05 AM] |
| Filing 53 Received 7 paper copies of Amicus Brief [ # 11323800-2 ], [ # 17 ] filed by Americans United for Life. [11354944] [19-15974, 19-15979] (SD) [Entered: 07/05/2019 11:01 AM] |
| Filing 52 Received 7 paper copies of Amicus Brief [ # 11325063-2 ], [ # 18 ] filed by American Center for Law and Justice. [11354930] [19-15974, 19-15979] (SD) [Entered: 07/05/2019 10:56 AM] |
| Filing 51 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Health Law Program, et al.. Date of service: 07/05/2019. [11354818] [19-15974, 19-15979] (Perkins, Martha) [Entered: 07/05/2019 10:09 AM] |
| Filing 50 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Center for Lesbian Rights Equality Federation, Family Equality Council, GLMA: Health Professionals Advancing LGBTQ Equality, The HIV Medicine Association, The National Center for Transgender Equality, The National LGBTQ Task Force et al. Date of service: 07/03/2019. [11354483] [19-15974, 19-15979] (Hough, James) [Entered: 07/03/2019 07:52 PM] |
| Filing 49 Received 7 paper copies of Opening Brief [ # 11317653-2 ], [ # 13 ] filed by Alex M. Azar, II and USHHS. [11354313] [19-15974, 19-15979] (SD) [Entered: 07/03/2019 04:06 PM] |
| Filing 48 Filed 4 paper copies of supplemental excerpts of record [ # 32 ] in 1 volume(s) filed by Appellees Essential Access Health, Inc. and Melissa Marshall. [11354306] [19-15974, 19-15979] (KWG) [Entered: 07/03/2019 04:03 PM] |
| Filing 47 ENTRY UPDATED: Filed 4 paper copies of excerpts of record [ # 11317667-2 ], [ # 14 ] in 2 volume(s) filed by Appellants Alex M. Azar, II and USHHS. [11354004] [19-15974, 19-15979]--[Linked excerpts from consolidated case edited 07/03/2019 by KWG] (KWG) [Entered: 07/03/2019 02:32 PM] |
| Filing 46 Filed clerk order: The answering brief [ # 41 ] submitted by Essential Access Health, Inc. and Melissa Marshall 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 [ # 32 ] submitted by Essential Access Health, Inc. and Melissa Marshall. 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. [11353857] [19-15974, 19-15979] (KWG) [Entered: 07/03/2019 01:53 PM] |
| Filing 45 Filed Order for PUBLICATION (SIDNEY R. THOMAS) Upon the vote of a majority of nonrecused active judges, it is ordered that these cases be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel Order on Motions for Stay Pending Appeal in these cases shall not be cited as precedent by or to any court of the Ninth Circuit. Judges Graber, Christen, and Owens did not participate in the deliberations or vote in these cases. [11353850] [19-15974, 19-15979, 19-35386, 19-35394] (MM) [Entered: 07/03/2019 01:51 PM] |
| Filing 44 Received 14 paper copies of Amicus Brief [ # 11323474-2 ], [ # 16 ] filed by State of Ohio, et al. [11353810] [19-15974, 19-15979] (SD) [Entered: 07/03/2019 01:31 PM] |
| Filing 43 Filed (ECF) Appellants Alex M. Azar, II and USHHS in 19-15974, Appellants Alex M. Azar, II and United States Department of Health and Human Services in 19-15979 citation of supplemental authorities. Date of service: 07/03/2019. [11353690] [19-15974, 19-15979] (Lilley, Jaynie) [Entered: 07/03/2019 12:22 PM] |
| Filing 42 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 32 ]. Original Text: Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Essential Access Health, Inc. and Melissa Marshall in 19-15979. Date of service: 07/01/2019. [11353301] [19-15979, 19-15974] (Ybarra, Michelle) [Entered: 07/03/2019 09:54 AM] |
| Filing 39 Filed (ECF) Appellants Alex M. Azar, II and USHHS in 19-15974, Appellants Alex M. Azar, II and United States Department of Health and Human Services in 19-15979 citation of supplemental authorities. Date of service: 07/02/2019. [11352253] [19-15974, 19-15979] (Lilley, Jaynie) [Entered: 07/02/2019 01:06 PM] |
| Filing 38 Filed clerk order: The answering brief [ # 28 ] submitted by State of California 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 [ # 29 ] submitted by State of California. 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. [11352047] [19-15974, 19-15979] (KWG) [Entered: 07/02/2019 11:07 AM] |
| Filing 37 Filed clerk order: The amicus brief [ # 11325880-2 ], [ # 19 ] submitted by Susan B. Anthony List 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11352033] [19-15974, 19-15979] (KWG) [Entered: 07/02/2019 11:03 AM] |
| Filing 36 Filed clerk order: The amicus brief [ # 11325063-2 ], [ # 18 ] submitted by American Center for Law and Justice 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11352021] [19-15974, 19-15979] (KWG) [Entered: 07/02/2019 11:01 AM] |
| Filing 35 Filed clerk order: The amicus brief [ # 11323800-2 ], [ # 17 ] submitted by Americans United for Life 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11352003] [19-15974, 19-15979] (KWG) [Entered: 07/02/2019 10:58 AM] |
| Filing 34 Filed clerk order: The amicus brief [ # 11323474-2 ], [ # 16 ] submitted by State of Ohio, et al. 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11351997] [19-15974, 19-15979] (KWG) [Entered: 07/02/2019 10:55 AM] |
| Filing 33 Filed clerk order: The opening brief [ # 11317653-2 ], [ # 13 ] submitted by Alex M. Azar, II and USHHS 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 [ # 14 ], [ # 11317667-2 ] submitted by Alex M. Azar, II and USHHS. 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. [11351965] [19-15974, 19-15979] (KWG) [Entered: 07/02/2019 10:48 AM] |
| Filing 41 Submitted (ECF) Answering Brief for review. Submitted by Appellees Essential Access Health, Inc. and Melissa Marshall in 19-15979. Date of service: 07/01/2019. [11353296] [19-15979, 19-15974]--[COURT UPDATE: Backdated entry to original submission date (07/01/2019). 07/03/2019 by BD] (Ybarra, Michelle) [Entered: 07/03/2019 09:53 AM] |
| Filing 40 Filed (ECF) Appellees Essential Access Health, Inc. and Melissa Marshall in 19-15979 Motion for miscellaneous relief [Petition for Initial Hearing En Banc]. Date of service: 07/01/2019. [11353240] [19-15979, 19-15974]--[COURT UPDATE: Backdated entry to original file date. 07/03/2019 by KWG] (Ybarra, Michelle) [Entered: 07/03/2019 09:30 AM] |
| Filing 32 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Essential Access Health, Inc. and Melissa Marshall in 19-15979. Date of service: 07/01/2019. [11351410] [19-15979, 19-15974] (Ybarra, Michelle) [Entered: 07/01/2019 11:52 PM] |
| Filing 31 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Brief and motion combined. Motion correctly filed in entry: [ # 40 ]. Brief correctly filed in entry: [ # 41 ] Original Text: Filed (ECF) Appellees Essential Access Health, Inc. and Melissa Marshall in 19-15979 petition for rehearing en banc (from 04/26/2019 opinion). Date of service: 07/01/2019. [11351409] [19-15979, 19-15974] (Ybarra, Michelle) [Entered: 07/01/2019 11:50 PM] |
| Filing 30 Filed (ECF) Appellee State of California in 19-15974 Motion for miscellaneous relief [Conditional Petition for Initial Hearing En Banc]. Date of service: 07/01/2019. [11351112] [19-15974, 19-15979] (Patashnik, Joshua) [Entered: 07/01/2019 04:05 PM] |
| Filing 29 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee State of California in 19-15974. Date of service: 07/01/2019. [11351086] [19-15974, 19-15979] (Patashnik, Joshua) [Entered: 07/01/2019 03:58 PM] |
| Filing 28 Submitted (ECF) Answering Brief for review. Submitted by Appellee State of California in 19-15974. Date of service: 07/01/2019. [11351074] [19-15974, 19-15979] (Patashnik, Joshua) [Entered: 07/01/2019 03:55 PM] |
| Filing 27 Filed order (SIDNEY R. THOMAS) The unopposed motion of American College of Obstetricians and Gynecologists and others for leave to file an amicus brief in support of the emergency motion for reconsideration en banc (No. 19-35386, Docket Entry No. [ # 11344573-2 ]) is granted. The Clerk shall file the amicus brief. --[Edited 07/02/2019 by SVG to correct docket text as to Judges on order] [11350137] [19-15974, 19-15979, 19-35386, 19-35394] (OC) [Entered: 07/01/2019 10:47 AM] |
| Filing 26 Filed (ECF) Appellants Alex M. Azar, II and USHHS in 19-15974, Appellants Alex M. Azar, II and United States Department of Health and Human Services in 19-15979 response opposing motion ([ # 11344593-2 ] Motion for Reconsideration (ECF Filing), [ # 24 ] Motion for Reconsideration (ECF Filing)). Date of service: 06/27/2019. [11346918] [19-15974, 19-15979] (Lilley, Jaynie) [Entered: 06/27/2019 12:16 PM] |
| Filing 25 Filed clerk order (Deputy Clerk: AT): The unopposed motion to consolidate these appeals is granted (Docket Entry No. [ # 11322874-1 ] in 19-15974; Docket Entry No. [ # 15 ] in 19-15979). Appeal Nos. 19-15974 and 19-15979 are consolidated. [11345934] [19-15974, 19-15979] (JMR) [Entered: 06/26/2019 04:06 PM] |
| Filing 24 Filed (ECF) Appellees Essential Access Health, Inc. and Melissa Marshall motion for reconsideration of non-dispositive Judge Order dated 06/20/2019. Date of service: 06/25/2019. [11344608] [19-15979] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 6/26/2019 by TYL] (Ybarra, Michelle) [Entered: 06/25/2019 09:54 PM] |
| Filing 23 Filed order (SIDNEY R. THOMAS) The order filed at Docket Entry No. [ # 22 ] in No. 19-15974 is amended as follows: The Court is in receipt of Emergency Motions for Reconsideration En Banc filed by the Plaintiffs-Appellees in State of Oregon, et. al. v. Azar; No. 19-35386, and State of Washington, et. al. v. Azar; No. 19-35394. Defendants-Appellants are granted leave to file a response to the Emergency Motions for Reconsideration En Banc on or before 5:00 p.m., Pacific time, Thursday, June 27, 2019. If Appellants elect to file a response, it shall not exceed 4,200 words. Ninth Circuit Rule 40-1. [11343649] [19-15974, 19-15979, 19-35386, 19-35394] (OC) [Entered: 06/25/2019 11:39 AM] |
| Filing 22 Filed order (SIDNEY R. THOMAS) The Court is in receipt of Emergency Motions for Reconsideration En Banc filed by the Plaintiffs-Appellees in State of Oregon, et. al. v. Azar; no. 19-35386, and State of Washington, et. al. v. Azar; no. 19-35394. Defendants-Appellants are granted leave to file an optional reply brief on or before 5:00 p.m., Pacific time, Thursday, June 27. If Appellees elect to file a brief, it shall not exceed 4,200 words. Ninth Circuit Rule 40-1. [11343324] [19-15974, 19-15979, 19-35386, 19-35394] (OC) [Entered: 06/25/2019 09:37 AM] |
| Filing 21 Filed Order for PUBLICATION (EDWARD LEAVY, CONSUELO M. CALLAHAN and CARLOS T. BEA) The motion for a stay pending appeal is GRANTED. [11338570] [19-15974, 19-15979, 19-35386, 19-35394] (AKM) [Entered: 06/20/2019 08:46 AM] |
| Filing 20 Entered appearance of Amici Curiae State of Ohio and 12 other states, Americans United for Life, American Center for Law and Justice, and Susan B. Anthony List. [11326083] (KWG) [Entered: 06/11/2019 08:44 AM] |
| Filing 19 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Susan B. Anthony List. Date of service: 06/10/2019. [11325879] [19-15979] (Pitlyk, Sarah) [Entered: 06/10/2019 07:03 PM] |
| Filing 18 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by American Center for Law and Justice. Date of service: 06/10/2019. [11325072] [19-15979] (Sekulow, Jay) [Entered: 06/10/2019 12:46 PM] |
| Filing 17 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Americans United for Life. Date of service: 06/07/2019. [11323805] [19-15979] --[COURT UPDATE: Attached corrected brief. 6/11/2019 by TYL] (Morrison, Rachel) [Entered: 06/07/2019 03:05 PM] |
| Filing 16 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by State of Ohio and Amici States. Date of service: 06/07/2019. [11323479] [19-15979] (Flowers, Benjamin) [Entered: 06/07/2019 12:58 PM] |
| Filing 15 Filed (ECF) Appellants Alex M. Azar, II and United States Department of Health and Human Services Unopposed Motion to consolidate cases 19-15974, 19-15979. Date of service: 06/06/2019. [11322875] [19-15979] (Lilley, Jaynie) [Entered: 06/06/2019 07:43 PM] |
| Filing 14 Submitted (ECF) excerpts of record. Submitted by Appellants Alex M. Azar, II and United States Department of Health and Human Services. Date of service: 06/03/2019. [11317671] [19-15979] (Lilley, Jaynie) [Entered: 06/03/2019 02:39 PM] |
| Filing 13 Submitted (ECF) Opening Brief for review. Submitted by Appellants Alex M. Azar, II and United States Department of Health and Human Services. Date of service: 06/03/2019. [11317661] [19-15979] (Lilley, Jaynie) [Entered: 06/03/2019 02:35 PM] |
| Filing 12 Filed (ECF) Appellants Alex M. Azar, II and United States Department of Health and Human Services reply to response (). Date of service: 05/24/2019. [11308665] [19-15979] (Lilley, Jaynie) [Entered: 05/24/2019 11:41 AM] |
| Filing 11 Filed (ECF) Appellees Essential Access Health, Inc. and Melissa Marshall response opposing motion ([ # 8 ] Motion (ECF Filing), [ # 8 ] Motion (ECF Filing)). Date of service: 05/20/2019. [11303673] [19-15979] (Ybarra, Michelle) [Entered: 05/20/2019 08:29 PM] |
| Filing 10 Filed (ECF) notice of appearance of Michelle Sabrina Ybarra for Appellees Essential Access Health, Inc. and Melissa Marshall. Date of service: 05/20/2019. (Party previously proceeding without counsel: No) [11303667] [19-15979] (Ybarra, Michelle) [Entered: 05/20/2019 07:32 PM] |
| Filing 9 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant the initiation of settlement discussions. The briefing schedule previously established by the court remains in effect. [11296686] (LW) [Entered: 05/14/2019 11:57 AM] |
| Filing 8 Filed (ECF) Appellants Alex M. Azar, II and United States Department of Health and Human Services Motion to stay lower court action. Date of service: 05/10/2019. [11294112] [19-15979] (Lilley, Jaynie) [Entered: 05/10/2019 06:30 PM] |
| Filing 7 Attorney Bradley P. Humphreys in 19-15979 substituted by Attorney Katherine Twomey Allen in 19-15979. [11292951] (QDL) [Entered: 05/10/2019 08:44 AM] |
| Filing 6 Added attorneys Brinton Lucas, Jaynie R. Lilley for United States Department of Health and Human Services and Alex M. Azar II, in case 19-15979. [11292949] (QDL) [Entered: 05/10/2019 08:43 AM] |
| Filing 5 Filed (ECF) notice of appearance of Brinton Lucas (Gerald Brinton Lucas) for Appellants Alex M. Azar, II and United States Department of Health and Human Services. Date of service: 05/10/2019. (Party previously proceeding without counsel: No) [11292865] [19-15979] (Lucas, Brinton) [Entered: 05/10/2019 06:13 AM] |
| Filing 4 Filed (ECF) notice of appearance of Katherine Twomey Allen for Appellants Alex M. Azar, II and United States Department of Health and Human Services. Substitution for Attorney Bradley P. Humphreys, Esquire for Appellants Alex M. Azar, II and United States Department of Health and Human Services. Date of service: 05/09/2019. (Party previously proceeding without counsel: No) [11292845] [19-15979] (Allen, Katherine) [Entered: 05/09/2019 06:44 PM] |
| Filing 3 Filed (ECF) notice of appearance of Jaynie R. Lilley for Appellants Alex M. Azar, II and United States Department of Health and Human Services. Date of service: 05/09/2019. (Party previously proceeding without counsel: No) [11292832] [19-15979] (Lilley, Jaynie) [Entered: 05/09/2019 06:38 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed May 6, 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 June 3, 2019; the answering brief is due July 1, 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. [11289924] (JMR) [Entered: 05/07/2019 04:20 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [11289329] (HC) [Entered: 05/07/2019 12:48 PM] |
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