AAM v. Xavier Becerra
| ASSOCIATION FOR ACCESSIBLE MEDICINES |
| XAVIER BECERRA, in his Official Capacity as Attorney General of the State of California |
| NATIONAL ASSOCIATION OF MANUFACTURERS, CALIFORNIA MEDICAL ASSOCIATION, WASHINGTON LEGAL FOUNDATION, CONSUMER ATTORNEYS OF CALIFORNIA, RICHARD A. EPSTEIN, Esquire, Professor, AARP, PUBLIC CITIZEN, INC., AARP FOUNDATION, KRISTEN OSENGA, Professor, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, AMERICAN MEDICAL ASSOCIATION, THE AMERICAN ANTITRUST INSTITUTE, MICHAEL CARRIER, Distinguished Professor, CONSUMER REPORTS, INC. and ADAM MOSSOFF, Professor |
| 20-15014 |
| January 6, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 38 Filed clerk order: The amicus brief [ # 36 ] submitted by Consumer Attorneys of California is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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. [11620087] (LA) [Entered: 03/05/2020 05:22 PM] |
| Filing 37 Entered appearance of Amicus Curiae Consumer Attorneys of California. [11620086] (LA) [Entered: 03/05/2020 05:21 PM] |
| Filing 36 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Consumer Attorneys of California. Date of service: 03/05/2020. [11620074] [20-15014] (Arbogast, David) [Entered: 03/05/2020 05:02 PM] |
| Filing 35 Filed clerk order: The amicus brief [ # 31 ] submitted by American Antitrust Institute, Consumer Reports, Inc., and Public Citizen, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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. [11620073] (LA) [Entered: 03/05/2020 05:00 PM] |
| Filing 34 Filed clerk order: The amicus brief [ # 30 ] submitted by AARP and AARP Foundation is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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. [11620070] (LA) [Entered: 03/05/2020 04:58 PM] |
| Filing 33 Entered appearance of Amici Curiae AARP, AARP Foundation, AAI, Consumer Reports, Inc. and Public Citizen, Inc. [11620069] (LA) [Entered: 03/05/2020 04:58 PM] |
| Filing 32 Received 6 paper copies of Amicus Brief [ # 15 ] filed by Richard A. Epstein, Esquire, Adam Mossoff and Kristen Osenga. [11619450] (SD) [Entered: 03/05/2020 01:15 PM] |
| Filing 31 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by American Antitrust Institute, Consumer Reports, and Public Citizen. Date of service: 03/05/2020. [11619447] [20-15014] (Brunell, Richard) [Entered: 03/05/2020 01:14 PM] |
| Filing 30 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by AARP and AARP Foundation. Date of service: 03/05/2020. [11619142] [20-15014] (Gyamfi, Maame) [Entered: 03/05/2020 10:35 AM] |
| Filing 29 Received 6 paper copies of Opening Brief [ # 10 ] filed by Association for Accessible Medicines. [11618589] (SD) [Entered: 03/04/2020 04:34 PM] |
| Filing 28 Received 3 paper copies of excerpts of record [ # 11 ] in 2 volume(s) filed by Appellant Association for Accessible Medicines. [11618180] (LA) [Entered: 03/04/2020 02:32 PM] |
| Filing 27 Filed clerk order: The amicus brief [ # 24 ] submitted by American Medical Association and California Medical Association is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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. [11617844] (LA) [Entered: 03/04/2020 12:03 PM] |
| Filing 26 Filed clerk order: The amicus brief [ # 23 ] submitted by Distinguished Professor Michael Carrier is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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. [11617841] (LA) [Entered: 03/04/2020 12:02 PM] |
| Filing 25 Entered appearance of Amici Curiae Michael Carrier, American Medical Association, and California Medical Association. [11617833] (LA) [Entered: 03/04/2020 11:59 AM] |
| Filing 24 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of American Medical Association and California Medical Association as Amici Curiae in Support of Defendant-Appellee. Date of service: 03/03/2020. [11616601] [20-15014] (Yampolsky, Ari) [Entered: 03/03/2020 01:08 PM] |
| Filing 23 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Distinguished Professor Michael Carrier. Date of service: 03/03/2019. [11616005] [20-15014]--[COURT UPDATE: Updated docket text to reflect name of party filer. 03/04/2020 by LA] (Carrier, Michael) [Entered: 03/03/2020 09:30 AM] |
| Filing 22 Filed clerk order: The answering brief [ # 20 ] submitted by Appellee Xavier Becerra is filed. The supplemental excerpts of record [ # 21 ] submitted by Appellee Xavier Becerra are filed. The Court previously filed the briefs [ # 10 ], [ # 14 ], [ # 15 ] and excerpts of record [ # 11 ] submitted by Appellant Association for Accessible Medicines and Amici Curiae. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the opening brief must be blue. The covers of the answering brief must be red. The covers of the amicus briefs must be green. Within 7 days of this order, the filer of each set of excerpts of record is ordered to file 3 copies of that set of 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. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11612380] (LA) [Entered: 02/28/2020 10:12 AM] |
| Filing 21 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Xavier Becerra. Date of service: 02/27/2020. [11611886] [20-15014] (Eisenberg, Karli) [Entered: 02/27/2020 04:50 PM] |
| Filing 20 Submitted (ECF) Answering Brief for review. Submitted by Appellee Xavier Becerra. Date of service: 02/27/2020. [11611881] [20-15014] (Eisenberg, Karli) [Entered: 02/27/2020 04:49 PM] |
| Filing 19 Filed order (WILLIAM C. CANBY and RONALD M. GOULD): Appellants motion for injunction pending appeal (Docket Entry No. [ # 3 ]) is denied. Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). The briefing schedule established previously remains in effect. [11605894] (AF) [Entered: 02/24/2020 08:52 AM] |
| Filing 18 Filed clerk order: The amicus brief [ # 15 ] submitted by Professors Richard A. Epstein, Adam Mossoff, and Kristen Osenga is filed. No paper copies are required at this time. [11589377] (LA) [Entered: 02/07/2020 10:33 AM] |
| Filing 17 Filed clerk order: The amicus brief [ # 14 ] submitted by Washington Legal Foundation, National Association of Manufacturers, and Chamber of Commerce of the United States of America is filed. No paper copies are required at this time. [11589370] (LA) [Entered: 02/07/2020 10:31 AM] |
| Filing 16 Entered appearance of Amici Curiae WLF, NAM, Chamber of Commerce of the United States of America, Richard Epstein, Adam Mossoff, and Kristen Osenga. [11589359] (LA) [Entered: 02/07/2020 10:29 AM] |
| Filing 15 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Professors Richard A. Epstein, Adam Mossoff and Kristen Osenga as Amici Curiae in Support of Appellant. Date of service: 02/06/2020. [11588571] [20-15014] (Janow, Jonathan) [Entered: 02/06/2020 03:46 PM] |
| Filing 14 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Washington Legal Foundation, the National Association of Manufacturers, and the Chamber of Commerce of the United States of America. Date of service: 02/06/2020. [11587279] [20-15014] (Samp, Richard) [Entered: 02/06/2020 07:46 AM] |
| Filing 13 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [11586967] (VS) [Entered: 02/05/2020 03:43 PM] |
| Filing 12 Filed clerk order: The opening brief [ # 10 ] and excerpts of record [ # 11 ] submitted by Association for Accessible Medicines are filed. No paper copies are required at this time. [11583663] (LA) [Entered: 02/03/2020 05:59 PM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellant Association for Accessible Medicines. Date of service: 01/30/2020. [11580038] [20-15014] (Lefkowitz, Jay) [Entered: 01/30/2020 03:47 PM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellant Association for Accessible Medicines. Date of service: 01/30/2020. [11580027] [20-15014] (Lefkowitz, Jay) [Entered: 01/30/2020 03:44 PM] |
| Filing 9 Filed (ECF) Appellant Association for Accessible Medicines reply to response (). Date of service: 01/24/2020. [11573677] [20-15014] (Lefkowitz, Jay) [Entered: 01/24/2020 01:09 PM] |
| Filing 8 Filed (ECF) Appellee Xavier Becerra response opposing motion ([ # 3 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing)). Date of service: 01/21/2020. [11568466] [20-15014] (Eisenberg, Karli) [Entered: 01/21/2020 01:42 PM] |
| Filing 7 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 01/29/2020, counsel for all parties intending to file briefs in this matter are requested to inform the Circuit Mediator by email of their clients' views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication will be kept confidential, if requested... This communication should not be filed with the court... The existing briefing schedule remains in effect... [11563598] (VS) [Entered: 01/15/2020 02:05 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 01/14/2020. 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.[11561767]. [20-15014] (AD) [Entered: 01/14/2020 12:44 PM] |
| Filing 5 Filed (ECF) Appellant Association for Accessible Medicines Mediation Questionnaire. Date of service: 01/14/2020. [11561295] [20-15014] (Rowen, Matthew) [Entered: 01/14/2020 10:16 AM] |
| Filing 4 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. By January 15, 2020, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [11560037]--[Edited 01/13/2020 by MS] (MS) [Entered: 01/13/2020 01:49 PM] |
| Filing 3 Filed (ECF) Appellant Association for Accessible Medicines Motion for injunction pending appeal. Date of service: 01/10/2020. [11558719] [20-15014] (Lefkowitz, Jay) [Entered: 01/10/2020 06:20 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed January 2, 2020 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 January 30, 2020; the answering brief is due February 27, 2020 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. [11552397] (AF) [Entered: 01/06/2020 04:04 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [11551934] (JBS) [Entered: 01/06/2020 01:32 PM] |
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