Glen Winterbottom v. David Underriner, et al
| GLEN M. WINTERBOTTOM |
| DAVID T. UNDERRINER, in his official capacity as President of Kaiser Foundation Health Plan and Hospitals of Hawaii and CATHERINE A. KORTZEBORN, in her official capacity as Deputy Regional Administrator of U.S. Centers for Medicare and Medicaid Services, Region 9 - San Francisco |
| 20-15314 |
| February 26, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Americans w/Disabilities Act-Othr |
Opinions
We have the following opinions for this case:
| Description |
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| GLEN WINTERBOTTOM V. DAVID UNDERRINER |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 25, 2021. A more recent docket listing may be available from PACER.
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Filing 41
MANDATE ISSUED. (SRT, AWT and BGS) [12210669] (DJV) [Entered: 08/25/2021 06:38 AM]
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Filing 40
Filed order (SIDNEY R. THOMAS, A. WALLACE TASHIMA and BARRY G. SILVERMAN): Winterbottoms motion to stay the issuance of the mandate (Docket Entry No. [ # 39 ]) is denied. See Fed. R. App. P. 41(d); 9th Cir. R. 41-1. The mandate shall issue in due course. No further filings will be entertained in this closed case. [12203285] (AF) [Entered: 08/17/2021 08:56 AM]
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Filing 39
Filed (ECF) Appellant Glen M. Winterbottom Motion to stay the mandate. Date of service: 08/10/2021. [12197884] [20-15314] (Winterbottom, Glen) [Entered: 08/11/2021 01:21 AM]
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Filing 38
Filed order (SIDNEY R. THOMAS, A. WALLACE TASHIMA and BARRY G. SILVERMAN): The panel has voted to deny the petition for panel rehearing. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. See Fed. R. App. P. 35. Winterbottoms petition for panel rehearing and petition for rehearing en banc (Docket Entry No. [ # 37 ]) are denied. No further filings will be entertained in this closed case. [12192010] (AF) [Entered: 08/04/2021 02:08 PM]
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Filing 37
Filed (ECF) Appellant Glen M. Winterbottom petition for panel rehearing and petition for rehearing en banc (from 04/28/2021 memorandum). Date of service: 06/11/2021. [12141407] [20-15314] (Winterbottom, Glen) [Entered: 06/11/2021 08:34 AM]
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Filing 36
FILED MEMORANDUM (SIDNEY R. THOMAS, A. WALLACE TASHIMA and BARRY G. SILVERMAN) AFFIRMED. FILED AND ENTERED JUDGMENT. [12089468] (MM) [Entered: 04/28/2021 09:49 AM]
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Filing 35
Received 3 paper copies of excerpts of record [ # 10 ] in 2 volume(s) filed by Appellant Glen M. Winterbottom. [11858826] (LA) [Entered: 10/14/2020 03:15 PM]
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Filing 34
Received 6 paper copies of Opening Brief [ # 17 ] filed by Glen M. Winterbottom. [11856478] (JAS) [Entered: 10/13/2020 02:10 PM]
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Filing 33
Received 6 paper copies of Reply Brief [ # 28 ] filed by Glen M. Winterbottom. [11856445] (JAS) [Entered: 10/13/2020 02:02 PM]
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Filing 32
Filed (ECF) Appellant Glen M. Winterbottom Correspondence: Proof Of Mailing Of Required Paper Copies Of Appellant's Briefing Documents. Date of service: 10/08/2020 [11852308] [20-15314] (Winterbottom, Glen) [Entered: 10/08/2020 12:07 PM]
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Filing 31
Filed clerk order (Deputy Clerk: KD): Appellants motion for an extension of time to provide the court with paper copies of the filed opening and reply briefs (Docket Entry No. [ # 30 ]) is granted. The paper copies of the filed opening and reply briefs are due October 13, 2020. [11841405] (AF) [Entered: 09/29/2020 04:05 PM]
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Filing 30
Filed (ECF) Appellant Glen M. Winterbottom Motion for miscellaneous relief [Motion For Extension Of Time To Provide Court With Paper Copies Of Filed Opening And Reply Briefs]. Date of service: 09/22/2020. [11832647] [20-15314] (Winterbottom, Glen) [Entered: 09/22/2020 11:35 AM]
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Filing 29
Filed clerk order: The reply brief [ # 28 ] submitted by Glen M. Winterbottom 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: not applicable. The paper copies shall be submitted to the principal office of the Clerk. A review of the Court's docket reflects that Appellant has not submitted paper copies of the opening brief [ # 17 ] as directed by the Court's order [ # 19 ] filed on August 19, 2020. Within 7 days of this order appellant is ordered to file 6 copies of the opening brief in paper format, ccompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: not applicable. The paper copies shall be submitted to the principal office of the Clerk. [11829113] (KWG) [Entered: 09/18/2020 11:36 AM]
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Filing 28
Submitted (ECF) Reply Brief for review. Submitted by Appellant Glen M. Winterbottom. Date of service: 09/17/2020. [11828573] [20-15314] (Winterbottom, Glen) [Entered: 09/18/2020 12:25 AM]
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Filing 27
Received 6 paper copies of Answering Brief [ # 20 ] filed by David T. Underriner. [11811507] (SD) [Entered: 09/02/2020 04:35 PM]
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Filing 26
Received 3 paper copies of supplemental excerpts of record [ # 21 ] in 1 volume(s) filed by Appellee David T. Underriner. [11810789] (LA) [Entered: 09/02/2020 12:02 PM]
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Filing 25
Received 6 paper copies of Answering Brief [ # 22 ] filed by Catherine A. Kortzeborn. [11808346] (SD) [Entered: 08/31/2020 03:49 PM]
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Filing 24
Filed clerk order: The answering brief [ # 22 ] submitted by Catherine A. Kortzeborn 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: red. The paper copies shall be submitted to the principal office of the Clerk. [11806108] (KWG) [Entered: 08/28/2020 11:38 AM]
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Filing 23
Filed clerk order: The answering brief [ # 20 ] submitted by David T. Underriner 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: red. The supplemental excerpts of record [ # 21 ] submitted by David T. Underriner are filed. Within 7 days of this order, filer is ordered to file 3 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. [11806103] (KWG) [Entered: 08/28/2020 11:36 AM]
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Filing 22
Submitted (ECF) Answering Brief for review. Submitted by Appellee Catherine A. Kortzeborn. Date of service: 08/27/2020. [11805523] [20-15314] (Spector, Sydney) [Entered: 08/27/2020 05:13 PM]
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Filing 21
Submitted (ECF) supplemental excerpts of record. Submitted by Appellee David T. Underriner. Date of service: 08/27/2020. [11805129] [20-15314]--[COURT UPDATE: Attached combined PDF of the excerpts. 08/28/2020 by KWG] (Brookins, Dianne) [Entered: 08/27/2020 02:11 PM]
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Filing 20
Submitted (ECF) Answering Brief for review. Submitted by Appellee David T. Underriner. Date of service: 08/27/2020. [11805112] [20-15314] (Brookins, Dianne) [Entered: 08/27/2020 02:04 PM]
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Filing 19
Filed clerk order: The opening brief [ # 17 ] submitted by Appellant Glen M. Winterbottom is filed. The Court previously filed the excerpts of record [ # 10 ] submitted by Appellant Glen M. Winterbottom. 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. 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. [11795059] (KWG) [Entered: 08/19/2020 01:38 PM]
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Filing 18
Filed clerk order (Deputy Clerk: LK): Appellants motion (Docket Entry No. [ # 16 ]) for leave to file a corrected opening brief is granted. The Clerk will strike the opening brief submitted at Docket Entry No. [ # 9 ] and file the corrected opening brief submitted at Docket Entry No. [ # 17 ]. The answering brief is now due September 16, 2020. The optional reply brief is due within 21 days after service of the answering brief. [11794883] (AF) [Entered: 08/19/2020 12:03 PM]
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Filing 17
Submitted (ECF) Opening Brief for review. Submitted by Appellant Glen M. Winterbottom. Date of service: 08/17/2020. [11793211]--[COURT ENTERED FILING to correct entry [ # 16 ].] (LA) [Entered: 08/18/2020 11:59 AM]
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Filing 16
Filed (ECF) Appellant Glen M. Winterbottom Motion to file substitute or corrected brief. Date of service: 08/17/2020. [11790504] [20-15314]--[COURT UPDATE: Removed brief (resubmitted in correct entry [ # 17 ]). 08/18/2020 by LA] (Winterbottom, Glen) [Entered: 08/17/2020 04:01 AM]
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Filing 15
Streamlined request [14] by Appellee Catherine A. Kortzeborn to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees Catherine A. Kortzeborn and David T. Underriner answering brief due 08/26/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11764240] (DLM) [Entered: 07/23/2020 03:51 PM]
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Filing 14
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Catherine A. Kortzeborn. New requested due date is 08/26/2020. [11763935] [20-15314] (Spector, Sydney) [Entered: 07/23/2020 02:21 PM]
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Filing 13
Added Attorney(s) Daniel Jonathan Cheng for party(s) Appellee David T. Underriner, in case 20-15314. [11733556] (CW) [Entered: 06/25/2020 12:53 PM]
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Filing 12
Filed (ECF) notice of appearance of DANIEL JONATHAN CHENG (DENTONS US LLP, 1001 Bishop Street, Suite 1800, Honolulu, Hawaii 96813) for Appellee David T. Underriner. Date of service: 06/25/2020. (Party was previously proceeding with counsel.) [11733512] [20-15314] (Cheng, Daniel) [Entered: 06/25/2020 12:30 PM]
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Filing 11
Filed clerk order: The opening brief [ # 9 ] and excerpts of record [ # 10 ] submitted by Glen M. Winterbottom are filed. No paper copies are required at this time. [11731936] (SML) [Entered: 06/24/2020 10:27 AM]
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Filing 10
Submitted (ECF) excerpts of record. Submitted by Appellant Glen M. Winterbottom. Date of service: 06/24/2020. [11731591] [20-15314] (Winterbottom, Glen) [Entered: 06/24/2020 06:15 AM]
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Filing 9
Submitted (ECF) Opening Brief for review. Submitted by Appellant Glen M. Winterbottom. Date of service: 06/24/2020. [11731586] [20-15314] (Winterbottom, Glen) [Entered: 06/24/2020 05:59 AM]
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Filing 8
Added Attorney(s) Marion Percell for party(s) Appellee Catherine A. Kortzeborn, in case 20-15314. [11677002] (CW) [Entered: 04/30/2020 02:06 PM]
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Filing 7
Filed (ECF) notice of appearance of Marion Percell (U.S. Attorney's Office, District of Hawaii, 300 Ala Moana Blvd. Room 6-100, Honolulu, Hi 96850) for Appellee Catherine A. Kortzeborn. Date of service: 04/30/2020. (Party was previously proceeding with counsel.) [11676970] [20-15314] (Percell, Marion) [Entered: 04/30/2020 01:51 PM]
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Updated deadlines. Automatic 60 day extension Re: Notice Covid 19 (Docket Entry No. [ # 6 ]). Appellant Glen M. Winterbottom opening brief due 06/26/2020. Appellees Catherine A. Kortzeborn and David T. Underriner answering brief due 07/27/2020. The optional reply brief is due 21 days after service of the answering brief. [11656215] (EU) [Entered: 04/09/2020 10:39 AM]
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Filing 6
Filed Appellant Glen M. Winterbottom letter dated 04/08/2020 re: Covid-19 extension request. Paper filing deficiency: None. [11656126] (CW) [Entered: 04/09/2020 09:43 AM]
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Filing 5
Filed clerk order (Deputy Clerk: SM): Defendant-appellee David T. Underriners request (Docket Entry No. [ # 4 ]) to replace Underriner as defendant-appellee with Kaiser Foundation Health Plan, Inc. is referred to the panel assigned to decide the merits of this appeal for whatever consideration the panel deems appropriate. The briefing schedule established previously remains in effect. [11645759] (RY) [Entered: 03/30/2020 02:06 PM]
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Filing 4
Filed (ECF) Appellee David T. Underriner Correspondence: March 9, 2020 Letter to Clerk Requesting to Correct Party Name Listing. Date of service: 03/13/2020 [11630180] [20-15314] (Brookins, Dianne) [Entered: 03/13/2020 04:55 PM]
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Filing 3
Filed Appellant Glen M. Winterbottom letter dated 03/04/2020 re: certification that no RTs will be filed, statement of issues.. Paper filing deficiency: None. [11625120] (CW) [Entered: 03/10/2020 03:14 PM]
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Filing 2
Terminated Daniel Jonathan Cheng for David T. Underriner in 20-15314 (Due to incorrect ECF account information). [11617664] (SLM) [Entered: 03/04/2020 10:57 AM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Glen M. Winterbottom opening brief due 04/27/2020. Appellees Catherine A. Kortzeborn and David T. Underriner answering brief due 05/27/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11609538] (RT) [Entered: 02/26/2020 11:27 AM]
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| Plaintiff / appellant: GLEN M. WINTERBOTTOM | |
| Represented By: | Glen M. Winterbottom |
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| Defendant / appellee: DAVID T. UNDERRINER, in his official capacity as President of Kaiser Foundation Health Plan and Hospitals of Hawaii | |
| Represented By: | Dianne Winter Brookins Esquire |
| Represented By: | Daniel Jonathan Cheng |
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| Defendant / appellee: CATHERINE A. KORTZEBORN, in her official capacity as Deputy Regional Administrator of U.S. Centers for Medicare and Medicaid Services, Region 9 - San Francisco | |
| Represented By: | Sydney Spector |
| Represented By: | Marion Percell Esquire |
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