Global Rescue Jets, LLC v. Kaiser Foundation Health Plan
| KAISER FOUNDATION HEALTH PLAN, INC. |
| GLOBAL RESCUE JETS, LLC, a Delaware corporation, DBA Jet Rescue |
| 20-56410 |
| December 29, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Medicare Act |
Opinions
We have the following opinions for this case:
| Description |
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 GLOBAL RESCUE JETS, LLC V. KAISER FOUNDATION HEALTH PLAN
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Docket Report
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This docket was last retrieved on May 2, 2022. A more recent docket listing may be available from PACER.
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Filing 47
MANDATE ISSUED.(AWT, MDS and PJW) [12435423] (DJV) [Entered: 05/02/2022 07:29 AM]
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Filing 46
FILED OPINION (A. WALLACE TASHIMA, MILAN D. SMITH, JR. and PAUL J. WATFORD) AFFIRMED. Judge: PJW Authoring. FILED AND ENTERED JUDGMENT. [12415646] (AKM) [Entered: 04/08/2022 08:44 AM]
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Filing 45
Filed (ECF) Appellee Kaiser Foundation Health Plan, Inc. citation of supplemental authorities. Date of service: 01/18/2022. [12343921] [20-56410] (Keshavarzi, Mohammad) [Entered: 01/18/2022 04:55 PM]
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Filing 44
Filed (ECF) Appellant Global Rescue Jets, LLC citation of supplemental authorities. Date of service: 01/18/2022. [12343713] [20-56410] (Barbatsuly, George) [Entered: 01/18/2022 03:57 PM]
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Filing 43
Filed (ECF) Appellee Kaiser Foundation Health Plan, Inc. Correspondence: Submission of Rule 28(j) Letters. Date of service: 01/11/2022 [12338159] [20-56410] (Keshavarzi, Moe) [Entered: 01/11/2022 05:31 PM]
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Filing 42
Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [12337831] (DLM) [Entered: 01/11/2022 02:56 PM]
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Filing 41
ARGUED AND SUBMITTED TO A. WALLACE TASHIMA, MILAN D. SMITH, JR. and PAUL J. WATFORD. [12335725] (DLM) [Entered: 01/10/2022 11:50 AM]
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| Filing 40 Filed (ECF) Acknowledgment of hearing notice by Attorney George Barbatsuly for Appellant Global Rescue Jets, LLC. Hearing in Pasadena on 01/10/2022 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/22/2021. [12295635] [20-56410] (Barbatsuly, George) [Entered: 11/22/2021 03:37 PM] |
| Filing 39 Received 6 paper copies of Reply Brief [ # 37 ] filed by Global Rescue Jets, LLC. (sent to panel) [12284456] (SD) [Entered: 11/10/2021 02:23 PM] |
| Filing 38 Filed clerk order: The reply brief [ # 37 ] submitted by Global Rescue Jets, LLC 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: gray. The paper copies shall be submitted to the principal office of the Clerk. [12280657] (KWG) [Entered: 11/08/2021 09:02 AM] |
| Filing 37 Submitted (ECF) Reply Brief for review. Submitted by Appellant Global Rescue Jets, LLC. Date of service: 11/05/2021. [12280462] [20-56410] (Barbatsuly, George) [Entered: 11/05/2021 07:59 PM] |
| Filing 36 Filed (ECF) Acknowledgment of hearing notice by Attorney Moe Keshavarzi, Esquire for Appellee Kaiser Foundation Health Plan, Inc.. Hearing in Pasadena on 01/10/2022 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/01/2021. [12275115] [20-56410] (Keshavarzi, Moe) [Entered: 11/01/2021 07:04 PM] |
| Filing 35 Notice of Oral Argument on Monday, January 10, 2022 - 09:00 A.M. - Courtroom 3 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Monday, January 10, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12273580]. [20-56410] (KS) [Entered: 10/31/2021 06:08 AM] |
| Filing 34 Streamlined request [32] by Appellant Global Rescue Jets, LLC to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 11/05/2021. [12242452] (DLM) [Entered: 09/29/2021 11:01 AM] |
| Filing 33 Filed (ECF) Attorney Moe Keshavarzi, Esquire for Appellee Kaiser Foundation Health Plan, Inc. response to notice for case being considered for oral argument. Date of service: 09/28/2021. [12242120] [20-56410] (Keshavarzi, Moe) [Entered: 09/28/2021 06:04 PM] |
| Filing 32 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Global Rescue Jets, LLC. New requested due date is 11/05/2021. [12242112] [20-56410] (Barbatsuly, George) [Entered: 09/28/2021 05:45 PM] |
| Filing 31 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for January 2022 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12236839]. [20-56410] (KS) [Entered: 09/23/2021 10:01 AM] |
| Filing 30 Received 6 paper copies of Answering Brief [ # 28 ] filed by Kaiser Foundation Health Plan, Inc.. [12235581] (SD) [Entered: 09/22/2021 10:30 AM] |
| Filing 29 Filed clerk order: The answering brief [ # 28 ] submitted by Kaiser Foundation Health Plan, 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: red. The paper copies shall be submitted to the principal office of the Clerk. [12230365] (KWG) [Entered: 09/16/2021 11:11 AM] |
| Filing 28 Submitted (ECF) Answering Brief for review. Submitted by Appellee Kaiser Foundation Health Plan, Inc.. Date of service: 09/15/2021. [12229913] [20-56410] (Keshavarzi, Moe) [Entered: 09/15/2021 11:37 PM] |
| Filing 27 Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motion (Docket Entry No. [ # 26 ]) for an extension of time to file the answering brief is granted. The answering brief is due September 15, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12206898] (AF) [Entered: 08/20/2021 09:42 AM] |
| Filing 26 Filed (ECF) Appellee Kaiser Foundation Health Plan, Inc. Unopposed Motion to extend time to file Answering brief until 09/15/2021. Date of service: 08/17/2021. [12203688] [20-56410] (Halgren, Matthew) [Entered: 08/17/2021 12:06 PM] |
| Filing 25 Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motion (Docket Entry No. [ # 24 ]) for an extension of time to file the answering brief is granted. The answering brief is due August 25, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12173607] (AF) [Entered: 07/15/2021 01:38 PM] |
| Filing 24 Filed (ECF) Appellee Kaiser Foundation Health Plan, Inc. Unopposed Motion to extend time to file Answering brief until 08/25/2021. Date of service: 07/12/2021. [12170389] [20-56410] (Halgren, Matthew) [Entered: 07/12/2021 06:58 PM] |
| Filing 23 Received 3 paper copies of excerpts of record [ # 15 ] in 1 volume(s) filed by Appellant Global Rescue Jets, LLC. [12099688] (KWG) [Entered: 05/03/2021 11:31 AM] |
| Filing 22 Received correction to deficient excerpts of record [ # 15 ] from Appellant Global Rescue Jets, LLC: white covers. [12099686] (KWG) [Entered: 05/03/2021 11:30 AM] |
| Filing 21 Received Appellant Global Rescue Jets, LLC 4 paper copies of excerpts of record [ # 15 ] in 1 volume. Deficiency: incorrect color covers. Corrections required (see attached notice). [12098204] (LA) [Entered: 04/30/2021 12:11 PM] |
| Filing 20 Received 6 paper copies of Opening Brief [ # 14 ] filed by Global Rescue Jets, LLC. [12098112] (CPA) [Entered: 04/30/2021 11:40 AM] |
| Filing 19 Received Appellant Global Rescue Jets, LLC 3 paper copies of excerpts of record [ # 15 ] in 1 volume. Deficiency: excerpts of record pages are double-sided. Corrections required (see attached notice). [12097903] (LA) [Entered: 04/30/2021 10:09 AM] |
| Filing 18 Streamlined request [17] by Appellee Kaiser Foundation Health Plan, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellee Kaiser Foundation Health Plan, Inc. answering brief due 07/28/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12089517] (DLM) [Entered: 04/28/2021 10:09 AM] |
| Filing 17 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Kaiser Foundation Health Plan, Inc.. New requested due date is 07/28/2021. [12089146] [20-56410] (Halgren, Matthew) [Entered: 04/27/2021 05:14 PM] |
| Filing 16 Filed clerk order: The opening brief [ # 14 ] submitted by Global Rescue Jets, LLC 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 [ # 15 ] submitted by Global Rescue Jets, LLC 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. [12088360] (LA) [Entered: 04/27/2021 11:45 AM] |
| Filing 15 Submitted (ECF) excerpts of record. Submitted by Appellant Global Rescue Jets, LLC. Date of service: 04/23/2021. [12085735] [20-56410]--[COURT UPDATE: Attached corrected excerpts. 04/27/2021 by LA] (Barbatsuly, George) [Entered: 04/23/2021 08:50 PM] |
| Filing 14 Submitted (ECF) Opening Brief for review. Submitted by Appellant Global Rescue Jets, LLC. Date of service: 04/23/2021. [12085734] [20-56410]--[COURT UPDATE: Attached corrected brief. 04/27/2021 by LA] (Barbatsuly, George) [Entered: 04/23/2021 08:47 PM] |
| Filing 13 Filed order MEDIATION (JW): The briefing schedule previously set by the court is amended as follows: appellant's opening brief is due April 23, 2021; appellee's answering brief is due June 28, 2021; appellant's optional reply brief is due within 21 days from the service date of the answering brief. This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [12044165] (AF) [Entered: 03/17/2021 10:58 AM] |
| Filing 12 Added Attorney George Barbatsuly for party Appellant Global Rescue Jets, LLC. [11998659] (DJV) [Entered: 02/10/2021 07:16 AM] |
| Filing 11 Filed (ECF) notice of appearance of George P. Barbatsuly (K&L Gates LLP, One Newark Center, Tenth Floor, Newark, NJ 07102) for Appellant Global Rescue Jets, LLC. Date of service: 02/09/2021. (Party was previously proceeding with counsel.) [11998528] [20-56410] (Barbatsuly, George) [Entered: 02/09/2021 05:32 PM] |
| Filing 10 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference w/ appellant only, 02/05/2021, 1:00 p.m. Pacific Time. See order for details. [11988028] (BLS) [Entered: 02/01/2021 12:11 PM] |
| Filing 9 Deleted Incorrect Entry [11987637] (BLS) [Entered: 02/01/2021 10:04 AM] |
| Filing 8 Filed order MEDIATION (JW): The briefing schedule previously set by the court is amended as follows: appellant's opening brief is due March 24, 2021; appellee's answering brief is due May 28, 2021; appellant's optional reply brief is due within 21 days from the service date of the answering brief. A dial-in telephone conference with counsel for appellants only will be held on January 29, 2021, at 3:00 p.m. Pacific Time. Each participant will receive an email with dial-in information. Please notify the Mediation Office at mediation@ca9.uscourts.gov if counsel does not receive an email or if additional participants should be added. [11980738] (AF) [Entered: 01/25/2021 04:59 PM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference w/ appellee only, 01/22/2021, 2:00 p.m. Pacific Time. See order for details. [11975093] (BLS) [Entered: 01/21/2021 02:05 PM] |
| Filing 6 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 01/20/2021, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11963338] (BLS) [Entered: 01/14/2021 09:00 AM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 01/05/2021. 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.[11952844]. [20-56410] (AD) [Entered: 01/05/2021 12:44 PM] |
| Filing 4 Filed (ECF) Appellant Global Rescue Jets, LLC Mediation Questionnaire. Date of service: 01/05/2021. [11952662] [20-56410] (Blanche, Caitlin) [Entered: 01/05/2021 11:28 AM] |
| Filing 3 Added Attorney(s) Matthew G. Halgren for party(s) Appellee Kaiser Foundation Health Plan, Inc.. [11947878] (RL) [Entered: 12/29/2020 03:41 PM] |
| Filing 2 Filed (ECF) notice of appearance of Matthew G. Halgren (Sheppard, Mullin, Richter & Hampton LLP, 501 West Broadway, 19th Floor, San Diego, CA 92101) for Appellee Kaiser Foundation Health Plan, Inc.. Date of service: 12/29/2020. (Party was previously proceeding with counsel.) [11947794] [20-56410] (Halgren, Matthew) [Entered: 12/29/2020 03:07 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Global Rescue Jets, LLC Mediation Questionnaire due on 01/05/2021. Appellant Global Rescue Jets, LLC opening brief due 02/26/2021. Appellee Kaiser Foundation Health Plan, Inc. answering brief due 03/29/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11947343] (JMR) [Entered: 12/29/2020 11:16 AM] |
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| Defendant / appellee: KAISER FOUNDATION HEALTH PLAN, INC. | |
| Represented By: | Moe Keshavarzi Esquire |
| Represented By: | Matthew G. Halgren |
| Represented By: | Mohammad Keshavarzi |
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| Plaintiff / appellant: GLOBAL RESCUE JETS, LLC, a Delaware corporation, DBA Jet Rescue | |
| Represented By: | Caitlin Comstock Blanche |
| Represented By: | George Barbatsuly |
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