United Air Ambulance LLC v. Cerner Corporation, et al
| CERNER CORPORATION, a Delaware corporation and THE HEALTH EXCHANGE, INC., a Missouri corporation, DBA Cerner HealthPlan Services |
| UNITED AIR AMBULANCE LLC, an Arizona limited liability company |
| 20-15928 |
| May 15, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 13 Received copy of amended notice of appeal from district court filed 6/26/20. [11740547] [20-15006, 20-15928] (CW) [Entered: 07/02/2020 08:42 AM] |
| Filing 12 Received copy of amended notice of appeal from district court filed 6/29/20. [11740447] [20-15006, 20-15928] (CW) [Entered: 07/02/2020 07:29 AM] |
| Filing 11 Filed order (Appellate Commissioner): A review of the record and the response to this courts May 27, 2020 order in appeal No. 20-15928 demonstrates that the district court has resolved the outstanding post-judgment motion, and that an amended notice of appeal has been filed to include the order on the motion. Accordingly, the stay of proceedings in appeal No. 20-15928 is lifted, and the appeal shall proceed. United Air Ambulance LLC filed a motion to dismiss appeal No. 20-15006 for lack of jurisdiction, asserting that the appealed judgment lacked the requisite finality to be appealable under 28 U.S.C. 1291 because it did not include the amount of damages to be awarded. In the alternative, United Air Ambulance, LLC requested that this court stay the appeal and remand the matter to the district court to permit entry of a corrected final judgment. The parties joint motion to consolidate these appeals included an additional request for remand, again to permit entry of a final, appealable judgment. A review of the record reveals that the district court entered a corrected final judgment on June 16, 2020, and that the parties have amended their respective notices of appeal to include the corrected final judgment. Accordingly, United Air Ambulance LLCs motion to dismiss appeal No. 20-15006 or, in the alternative, to stay the appeal and remand (Docket Entry No. [ # 11687310-2 ] in No. 20-15006), and the parties additional joint request to remand (Docket Entry No. [ # 11717512-2 ] in No. 20-15006) are denied as moot. Because these adverse parties now appeal the same judgment, appeal Nos. 20-15006 and 20-15928 are cross-appeals. See Fed. R. App. P. 28.1. Accordingly, the joint motion to consolidate these appeals (Docket Entry No. [ # 11717512-2 ] in No. 20-15006) is denied as moot. The following briefing schedule governs these cross-appeals: the first brief on cross-appeal is due August 24, 2020; the second brief on cross-appeal is due September 23, 2020; the third brief on cross-appeal is due October 23, 2020; and the optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. (MOATT) [11738618] [20-15006, 20-15928] (AF) [Entered: 06/30/2020 02:52 PM] |
| Filing 10 Terminated Jamie L. Boyer for The Health Exchange, Inc. and Cerner Corporation in 20-15928 [11725330] (RR) [Entered: 06/17/2020 04:05 PM] |
| Filing 9 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Jamie L. Boyer for Appellees Cerner Corporation and The Health Exchange, Inc.. Party proceeding without counsel: No. Date of service: 06/17/2020. [11725297] [20-15928] (Boyer, Jamie) [Entered: 06/17/2020 03:46 PM] |
| Filing 8 Filed order MEDIATION (RGA): This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerks office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [11722416] (WL) [Entered: 06/15/2020 04:24 PM] |
| Filing 7 Filed (ECF) Appellees Cerner Corporation and The Health Exchange, Inc. Joint Motion to consolidate cases Case No. 20-15006 and Case No. 20-15928. Date of service: 06/10/2020. [11717531] [20-15928] (Boyer, Jamie) [Entered: 06/10/2020 01:12 PM] |
| Filing 6 Filed (ECF) Appellant United Air Ambulance LLC Correspondence: NOTICE REGARDING DISTRICT COURT'S RULINGS ON PENDING MOTIONS. Date of service: 06/04/2020 [11711724] [20-15928] (Buntrock, Shane) [Entered: 06/04/2020 04:46 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: LCC): 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, appellant shall notify this court in writing of the ruling and shall advise whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [11702598] (TSP) [Entered: 05/27/2020 01:53 PM] |
| Filing 4 MEDIATION ORDER FILED: By 06/09/2020, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [11700912] (VS) [Entered: 05/26/2020 01:45 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 05/22/2020. 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.[11699238]. [20-15928] (AD) [Entered: 05/22/2020 12:44 PM] |
| Filing 2 Filed (ECF) Appellant United Air Ambulance LLC Mediation Questionnaire. Date of service: 05/22/2020. [11698824] [20-15928] (Buntrock, Shane) [Entered: 05/22/2020 09:02 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant United Air Ambulance LLC Mediation Questionnaire due on 05/22/2020. Transcript ordered by 06/15/2020. Transcript due 07/13/2020. Appellant United Air Ambulance LLC opening brief due 08/24/2020. Appellees Cerner Corporation and The Health Exchange, Inc. answering brief due 09/23/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11691823] (JBS) [Entered: 05/15/2020 09:22 AM] |
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| Defendant / appellee: CERNER CORPORATION, a Delaware corporation | |
| Represented By: | Michael Lee Parrish |
| Represented By: | Jamie L. Boyer |
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| Defendant / appellee: THE HEALTH EXCHANGE, INC., a Missouri corporation, DBA Cerner HealthPlan Services | |
| Represented By: | Michael Lee Parrish |
| Represented By: | Jamie L. Boyer |
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| Plaintiff / appellant: UNITED AIR AMBULANCE LLC, an Arizona limited liability company | |
| Represented By: | Shane D. Buntrock |
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