State of California v. Alex Azar, II, et al
| U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES and ALEX M. AZAR II, in his official capacity as Secretary of the U.S Department of Health & Human Services |
| STATE OF CALIFORNIA |
| AMERICAN ASSOCIATION OF PRO-LIFE OBSTETRICIANS & GYNECOLOGISTS, AMERICAN COLLEGE OF PEDIATRICIANS, CATHOLIC MEDICAL ASSOCIATION, NATIONAL CATHOLIC BIOETHICS CENTER, AND NATIONAL ASSOCIATION OF CATHOLIC NURSES, USA |
| 20-16045 |
| May 29, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 29 Filed clerk order (Deputy Clerk: LKK): Appellees motions (Docket Entry Nos. [ # 22 ] , [ # 23 ] , [ # 24 ] & [ # 25 ] ) for extensions of time to file the answering briefs are granted. The answering briefs are due October 13, 2020. The optional consolidated reply brief is due within 21 days after service of the last-served answering brief. [11761113] [20-15398, 20-15399, 20-16045, 20-35044] (RT) [Entered: 07/21/2020 04:31 PM] |
| Filing 28 Received 6 paper copies of Opening Brief [ # 11722646-2 ] filed by Alex M. Azar, II, et al. [11751984] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/14/2020 09:47 AM] |
| Filing 27 Received 6 paper copies of Amicus Brief [ # 11729955-2 ] filed by Public Advocate of the US, et al. [11751315] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/13/2020 04:37 PM] |
| Filing 26 Received 3 paper copies of excerpts of record [ # 11722653-2 ] in 2 volume(s) filed by Appellants. [11750821] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/13/2020 02:10 PM] |
| Filing 25 Filed (ECF) Appellees County of Santa Clara, Los Angeles LGBT Center, Whitman-Walker Clinic, Inc., Bradbury-Sullivan LGBT Community Center, Center On Halsted, Hartford Gyn Center, Mazzoni Center, Medical Students For Choice, AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Colleen McNicholas, Robert Bolan, Ward Carpenter, Sarah Henn and Randy Pumphrey in 20-15399 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746641] [20-15398, 20-15399, 20-16045, 20-35044] (Nemetz, Miriam) [Entered: 07/08/2020 05:34 PM] |
| Filing 24 Filed (ECF) Appellee State of Washington in 20-35044 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746618] [20-35044, 20-15398, 20-15399, 20-16045] (Fraas, Lauryn) [Entered: 07/08/2020 05:13 PM] |
| Filing 23 Filed (ECF) Appellee State of California in 20-16045 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746576] [20-16045, 20-15398, 20-15399, 20-35044] (Palma, Neli) [Entered: 07/08/2020 04:41 PM] |
| Filing 22 Filed (ECF) Appellee City and County of San Francisco in 20-15398 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746436] [20-15398, 20-15399, 20-16045, 20-35044] (Huling Delaye, Jaime) [Entered: 07/08/2020 03:40 PM] |
| Filing 21 Filed clerk order (Deputy Clerk: KWG): The portion of the order [ # 17 ] requesting paper copies of the opening brief [ # 7 ] and excerpts [ # 9 ] was entered in error and is vacated. No paper copies of the opening brief or excerpts filed in No. 20-16045 are required. [11744985] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/07/2020 03:43 PM] |
| Filing 20 Added Attorney(s) Lauryn K. Fraas for party(s) Appellee State of Washington, in case 20-35044. [11744797] [20-15398, 20-15399, 20-16045, 20-35044] (NAC) [Entered: 07/07/2020 02:41 PM] |
| Filing 19 Filed (ECF) notice of appearance of Lauryn K. Fraas (Washington State Attorney General's Office 800 Fifth Avenue, Suite 2000, Seattle WA 98104-3180) for Appellee State of Washington in 20-35044. Date of service: 07/07/2020. (Party was previously proceeding with counsel.) [11744777] [20-35044, 20-15398, 20-15399, 20-16045] (Fraas, Lauryn) [Entered: 07/07/2020 02:38 PM] |
| Filing 18 Filed clerk order: The Court previously filed the briefs [ # 11728661-2 ], [ # 11728714-2 ], [ # 12 ], [ # 11729955-2 ] submitted by 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 amicus briefs must be green. 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. [11744324] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/07/2020 11:55 AM] |
| Filing 17 Filed clerk order: The opening brief [ # 7 ] submitted by Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services 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: blue. The excerpts of record [ # 9 ] submitted by Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services 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. [11744317] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/07/2020 11:54 AM] |
| Filing 16 Filed clerk order: The opening brief [ # 11722646-2 ] submitted by Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services 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: blue. The excerpts of record [ # 11722653-2 ] submitted by Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services 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. [11744313] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/07/2020 11:52 AM] |
| Filing 15 Filed clerk order (Deputy Clerk: KWH): Appellants unopposed motion to consolidate State of California v. Azar, No. 20-16045, with the previously consolidated appeals (Docket Entry No. [1171037-2] in 20-15398; Docket Entry No. [ # 11710375-3 ] in No. 20-15399; Docket Entry No. [ # 4 ] in No. 20- 16045; and Docket Entry No. [ # 11710375-2 ] in No. 20-35044) is granted. Appellants unopposed motion to file an oversized opening brief (Docket Entry No. [ # 11722650-3 ] in 20-15398; Docket Entry No. [ # 11722650-3 ] in 20-15399; Docket Entry No. [ # 8 ] in No. 20-16045; and Docket Entry No. [ # 11722650-3 ] in No. 20-35044) is granted. The Clerk shall file the consolidated opening brief received on June 15, 2020. Appellees briefs are due July 15, 2020. Appellants consolidated optional reply brief shall be filed within 21 days of service of the appellees briefs. [11744274] [20-15398, 20-15399, 20-16045, 20-35044] (RT) [Entered: 07/07/2020 11:38 AM] |
| Filing 14 Filed clerk order: The amicus brief [ # 12 ] submitted by American Association of Pro-Life Obstetricians & Gynecologists, American College of Pediatricians, Catholic Medical Association, National Catholic Bioethics Center, and National Association of Catholic Nurses, USA is filed. No paper copies are required at this time. [11731135] (KT) [Entered: 06/23/2020 03:16 PM] |
| Filing 13 Entered appearance of Amici Curiae American Association of Pro-Life Obstetricians & Gynecologists, American College of Pediatricians, Catholic Medical Association, National Catholic Bioethics Center, and National Association of Catholic Nurses, USA. [11731128] (KT) [Entered: 06/23/2020 03:14 PM] |
| Filing 12 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by American Association of Pro-Life Obstetricians & Gynecologists, American College of Pediatricians, Catholic Medical Association, National Catholic Bioethics Center, and National Association of Catholic Nurses, USA. Date of service: 06/22/2020. [11728736] [20-16045]--[COURT UPDATE: attached corrected PDF of amicus brief. 06/23/2020 by KT] (Gray, Rory) [Entered: 06/22/2020 09:14 AM] |
| Filing 11 Added Attorney(s) Sarah W. Carroll for party(s) Appellant Alex M. Azar II Appellant U.S. Department of Health and Human Services, in case 20-16045. [11725198] (JFF) [Entered: 06/17/2020 02:57 PM] |
| Filing 10 Filed (ECF) notice of appearance of Sarah Carroll (U.S. Department of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Ave. NW, Washington, DC 20530) for Appellants Alex M. Azar, II and U.S. Department of Health and Human Services. Date of service: 06/17/2020. (Party was previously proceeding with counsel.) [11725166] [20-16045] (Carroll, Sarah) [Entered: 06/17/2020 02:40 PM] |
| Filing 9 Submitted (ECF) excerpts of record. Submitted by Appellants Alex M. Azar, II and U.S. Department of Health and Human Services. Date of service: 06/15/2020. [11722660] [20-16045]--[COURT UPDATE: attached corrected PDF of excerpts of record. 06/17/2020 by KT] (Overvold, Leif) [Entered: 06/15/2020 07:06 PM] |
| Filing 8 Filed (ECF) Appellants Alex M. Azar, II and U.S. Department of Health and Human Services Unopposed Motion to file oversized brief. Date of service: 06/15/2020. [11722658] [20-16045] (Overvold, Leif) [Entered: 06/15/2020 07:03 PM] |
| Filing 7 Submitted (ECF) Opening Brief for review. Submitted by Appellants Alex M. Azar, II and U.S. Department of Health and Human Services. Date of service: 06/15/2020. [11722655] [20-16045]--[COURT UPDATE: attached corrected PDF of opening brief. 06/17/2020 by KT] (Overvold, Leif) [Entered: 06/15/2020 06:59 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 06/05/2020. 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.[11712591]. [20-16045] (AD) [Entered: 06/05/2020 12:44 PM] |
| Filing 5 Filed (ECF) Appellants Alex M. Azar, II and U.S. Department of Health and Human Services Mediation Questionnaire. Date of service: 06/05/2020. [11712333] [20-16045] (Overvold, Leif) [Entered: 06/05/2020 10:41 AM] |
| Filing 4 Filed (ECF) Appellants Alex M. Azar, II and U.S. Department of Health and Human Services Unopposed Motion to consolidate cases 20-15398, 20-15399, 20-16045, 20-35044. Date of service: 06/03/2020. [11710380] [20-16045] (Overvold, Leif) [Entered: 06/03/2020 06:30 PM] |
| Filing 3 Attorney Benjamin Thomas Takemoto in 20-16045 substituted by Attorney Leif Eric Overvold in 20-16045 [11707204] (NAC) [Entered: 06/01/2020 03:15 PM] |
| Filing 2 Filed (ECF) notice of appearance of Leif Eric Overvold (U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Room 7226, Washington, DC 20530) for Appellants Alex M. Azar, II and U.S. Department of Health and Human Services. Substitution for Attorney Benjamin Thomas Takemoto for Appellants Alex M. Azar, II and U.S. Department of Health and Human Services. Date of service: 06/01/2020. (Party was previously proceeding with counsel.) [11707193] [20-16045] (Overvold, Leif) [Entered: 06/01/2020 03:09 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Alex M. Azar II and U.S. Department of Health and Human Services Mediation Questionnaire due on 06/05/2020. Appellants Alex M. Azar II and U.S. Department of Health and Human Services opening brief due 07/28/2020. Appellee State of California answering brief due 08/27/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11704952] (JBS) [Entered: 05/29/2020 11:03 AM] |
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| Defendant / appellant: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES | |
| Represented By: | Leif Eric Overvold |
| Represented By: | Sarah W. Carroll |
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| Defendant / appellant: ALEX M. AZAR II, in his official capacity as Secretary of the U.S Department of Health & Human Services | |
| Represented By: | Leif Eric Overvold |
| Represented By: | Sarah W. Carroll |
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| Plaintiff / appellee: STATE OF CALIFORNIA | |
| Represented By: | Kathleen Boergers |
| Represented By: | Neli N. Palma |
| Represented By: | Karli A. Eisenberg |
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| Amicus curiae: AMERICAN ASSOCIATION OF PRO-LIFE OBSTETRICIANS & GYNECOLOGISTS, AMERICAN COLLEGE OF PEDIATRICIANS, CATHOLIC MEDICAL ASSOCIATION, NATIONAL CATHOLIC BIOETHICS CENTER, AND NATIONAL ASSOCIATION OF CATHOLIC NURSES, USA | |
| Represented By: | Rory Thomas Gray |
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