UPPI LLC, et al v. Cardinal Health, Inc., et al
| UNITED STATES OF AMERICA |
| UPPI LLC, qui tam as Relator |
| CARDINAL HEALTH, INC., CARDINAL HEALTH 414 LLC, DBA Cardinal Health Nuclear Pharmacy Services, CARDINAL HEALTH 200 LLC, D'S VENTURES LLC, DBA Logmet Solutions LLC, CARING HANDS HEALTH EQUIPMENT & SUPPLIES LLC, OBIE B. BACON, DEMAURICE SCOTT, OTHER UNNAMED SMALL BUSINESS FRONT COMPANIES and UNNAMED INDIVIDUALS |
| 21-35905 |
| October 29, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - False Claims Act |
Opinions
We have the following opinions for this case:
| Description |
|---|
| UPPI LLC V. CARDINAL HEALTH, INC. |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 14, 2022. A more recent docket listing may be available from PACER.
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Filing 49
MANDATE ISSUED.(SRT, MMM and RRC) [12539743] (DJV) [Entered: 09/14/2022 07:18 AM]
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Filing 48
FILED MEMORANDUM DISPOSITION (SIDNEY R. THOMAS, M. MARGARET MCKEOWN and RICHARD R. CLIFTON) REVERSED and REMANDED.. FILED AND ENTERED JUDGMENT. [12523577] (JN) [Entered: 08/23/2022 09:17 AM]
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Filing 47
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/ [12514079] (KAD) [Entered: 08/10/2022 12:19 PM]
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Filing 46
ARGUED AND SUBMITTED TO SIDNEY R. THOMAS, M. MARGARET MCKEOWN and RICHARD R. CLIFTON. [12513202] (KAD) [Entered: 08/09/2022 01:31 PM]
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Filing 45
Filed (ECF) Acknowledgment of hearing notice by Attorney Tejinder Singh for Appellant UPPI LLC. Hearing in Anchorage on 08/09/2022 at 09:00 A.M. (Courtroom: Herbert A. Ross Historic Courtroom). 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: 08/01/2022. [12505801] [21-35905] (Singh, Tejinder) [Entered: 08/01/2022 08:47 AM]
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Filing 44
Filed clerk order (Deputy Clerk: AF): At oral argument scheduled for August 9, 2022, counsel should be prepared to discuss whether the district courts order granting dismissal without prejudice was final such that this court has appellate jurisdiction. See, e.g., Unified Data Services, LLC v. FTC, --- F.4th ----, 2022 WL 2711413 (9th Cir. July 13, 2022); WMX Techs., Inc. v. Miller, 104 F.3d 1133 (9th Cir. 1997) (en banc); Cooper v. Ramos, 704 F.3d 772 (9th Cir. 2012). [12502935] (AF) [Entered: 07/26/2022 04:28 PM]
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Filing 43
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Brian Tully McLaughlin, Esquire for Appellees Cardinal Health 200 LLC, Cardinal Health 414 LLC and Cardinal Health, Inc.. Hearing in Anchorage on 08/09/2022 at 09:00 A.M. (Courtroom: AK Ross Historic Courtroom). Filer sharing argument time: Yes. (Argument minutes: 14) 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: 07/12/2022. [12492337] [21-35905] (McLaughlin, Brian) [Entered: 07/12/2022 04:28 PM]
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Filing 42
Filed (ECF) Acknowledgment of hearing notice by Attorney Glenn Chappell for Appellant UPPI LLC. Hearing in Anchorage on 08/09/2022 at 09:00 A.M. (Courtroom: AK Ross Historic Courtroom). 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: 07/12/2022. [12491573] [21-35905] (Chappell, Glenn) [Entered: 07/12/2022 09:53 AM]
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Filing 41
Filed (ECF) Acknowledgment of hearing notice by Attorney Edward J. Tolchin for Appellees Obie B. Bacon and Caring Hands Health Equipment & Supplies LLC. Hearing in Anchorage on 08/09/2022 at 09:00 A.M. (Courtroom: AK Ross Historic Courtroom). Filer sharing argument time: Yes. (Argument minutes: 1) 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: 07/12/2022. [12491532] [21-35905] (Tolchin, Edward) [Entered: 07/12/2022 09:32 AM]
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Filing 40
Notice of Oral Argument on Tuesday, August 9, 2022 - 09:00 A.M. - AK Ross Historic Courtroom - Scheduled Location: Anchorage OldFedBldg AK. 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 Tuesday, August 9, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12459045]. [21-35905] (KS) [Entered: 05/29/2022 06:08 AM]
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Filing 39
Received 6 paper copies of Reply Brief [ # 37 ] filed by UPPI LLC. (sent to panel) [12458242] (SD) [Entered: 05/27/2022 11:15 AM]
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Filing 38
Filed clerk order: The reply brief [ # 37 ] submitted by UPPI 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. [12452974] (LA) [Entered: 05/20/2022 04:08 PM]
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Filing 37
Submitted (ECF) Reply Brief for review. Submitted by Appellant UPPI LLC. Date of service: 05/20/2022. [12452823] [21-35905] (Chappell, Glenn) [Entered: 05/20/2022 02:58 PM]
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Filing 36
Filed (ECF) Attorney Mr. John Scorsine for Appellees D's Ventures LLC and Demaurice Scott response to notice for case being considered for oral argument. Date of service: 04/25/2022. [12430224] [21-35905] (Scorsine, John) [Entered: 04/25/2022 02:04 PM]
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Filing 35
Added Attorney(s) David Jochnowitz for party(s) Appellant UPPI LLC, in case 21-35905. [12428359] (DJV) [Entered: 04/22/2022 07:32 AM]
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Filing 34
Filed (ECF) notice of appearance of David Michael Jochnowitz (Tycko & Zavareei LLP, 1828 L Street NW, Suite 1000, Washington, D.C. 20036) for Appellant UPPI LLC. Date of service: 04/22/2022. (Party was previously proceeding with counsel.) [12428355] [21-35905] (Jochnowitz, David) [Entered: 04/22/2022 07:23 AM]
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Filing 33
This case is being considered for an upcoming oral argument calendar in Anchorage. Please review the Anchorage sitting dates for August 2022 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). [12428069] (AML) [Entered: 04/21/2022 03:33 PM]
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Filing 32
Streamlined request [31] by Appellant UPPI LLC to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 05/20/2022. [12423061] (DLM) [Entered: 04/15/2022 03:13 PM]
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Filing 31
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant UPPI LLC. New requested due date is 05/20/2022. [12422640] [21-35905] (Chappell, Glenn) [Entered: 04/15/2022 12:10 PM]
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Filing 30
Received 6 paper copies of Answering Brief [ # 27 ] filed by D's Ventures LLC and Demaurice Scott. [12417369] (SD) [Entered: 04/11/2022 01:25 PM]
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Filing 28
Filed clerk order: The answering brief [ # 27 ] submitted by D's Ventures LLC and Demaurice Scott 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. [12412809] (JMR) [Entered: 04/05/2022 10:24 AM]
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Filing 29
Received 6 paper copies of Answering Brief [ # 21 ] filed by Obie B. Bacon and Caring Hands Health Equipment & Supplies LLC. [12413159] (SD) [Entered: 04/05/2022 02:28 PM]
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Filing 26
Received 6 paper copies of Answering Brief [ # 23 ] filed by Cardinal Health 200 LLC, Cardinal Health 414 LLC and Cardinal Health, Inc.. [12410718] (SD) [Entered: 04/01/2022 11:58 AM]
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Filing 25
Filed clerk order: The answering brief [ # 21 ] submitted by Obie B. Bacon and Caring Hands Health Equipment & Supplies 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: red. The paper copies shall be submitted to the principal office of the Clerk. [12410508]--[Edited: Updated docket text to include correct link to document. 04/01/2022 by JMR] (JMR) [Entered: 04/01/2022 09:41 AM]
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Filing 24
Filed clerk order: The answering brief [ # 23 ] submitted by Cardinal Health 200 LLC, Cardinal Health 414 LLC and Cardinal Health, 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. [12409629] (KWG) [Entered: 03/31/2022 10:04 AM]
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Filing 27
Submitted (ECF) Answering Brief for review. Submitted by Appellee Demaurice Scott and D's Ventures LLC. Date of service: 03/30/2022. [12411832] [21-35905]--[COURT UPDATE: Backdated entry to reflect original submission date, edited docket text to reflect all filing parties, attached corrected brief. 04/05/2022 by JMR] (Scorsine, John) [Entered: 04/04/2022 12:28 PM]
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Filing 23
Submitted (ECF) Answering Brief for review. Submitted by Appellees Cardinal Health, Inc., Cardinal Health 200 LLC and Cardinal Health 414 LLC. Date of service: 03/30/2022. [12409406] [21-35905] (McLaughlin, Brian) [Entered: 03/30/2022 06:35 PM]
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Filing 22
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 27 ]. Original Text: Filed (ECF) Appellee Demaurice Scott citation of supplemental authorities. Date of service: 03/30/2022. [12408961] [21-35905] (Scorsine, John) [Entered: 03/30/2022 02:39 PM]
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Filing 21
Submitted (ECF) Answering Brief for review. Submitted by Appellees Caring Hands Health Equipment & Supplies LLC and Obie B. Bacon. Date of service: 03/30/2022. [12408082] [21-35905]--[COURT UPDATE: Updated docket text to reflect correct brief type. 04/01/2022 by JMR] (Tolchin, Edward) [Entered: 03/30/2022 06:52 AM]
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Filing 20
Streamlined request [19], [18] by Appellees Obie B. Bacon, Cardinal Health 200 LLC, Cardinal Health 414 LLC, Cardinal Health, Inc. and Caring Hands Health Equipment & Supplies LLC to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees Obie B. Bacon, Cardinal Health 200 LLC, Cardinal Health 414 LLC, Cardinal Health, Inc., Caring Hands Health Equipment & Supplies LLC, D's Ventures LLC, Other Unnamed Small Business Front Companies, Demaurice Scott and Unnamed Individuals answering brief due 03/30/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12364630] (DLM) [Entered: 02/08/2022 04:46 PM]
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Filing 19
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Obie B. Bacon and Caring Hands Health Equipment & Supplies LLC. New requested due date is 03/30/2022. [12362184] [21-35905] (Tolchin, Edward) [Entered: 02/07/2022 10:03 AM]
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Filing 18
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Cardinal Health 200 LLC, Cardinal Health 414 LLC and Cardinal Health, Inc.. New requested due date is 03/30/2022. [12361977] [21-35905] (McLaughlin, Brian) [Entered: 02/07/2022 08:35 AM]
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Filing 17
Received 3 paper copies of excerpts of record [ # 14 ] in 3 volume(s) and index volume filed by Appellant UPPI LLC. [12360063] (LA) [Entered: 02/03/2022 12:17 PM]
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Filing 16
Received 6 paper copies of Opening Brief [ # 13 ] filed by UPPI LLC. [12360037] (SD) [Entered: 02/03/2022 11:52 AM]
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Filing 15
Filed clerk order: The opening brief [ # 13 ] submitted by UPPI 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 [ # 14 ] submitted by UPPI 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. [12355653] (KWG) [Entered: 01/31/2022 09:41 AM]
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Filing 14
Submitted (ECF) excerpts of record. Submitted by Appellant UPPI LLC. Date of service: 01/28/2022. [12354907] [21-35905] (Singh, Tejinder) [Entered: 01/28/2022 03:41 PM]
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Filing 13
Submitted (ECF) Opening Brief for review. Submitted by Appellant UPPI LLC. Date of service: 01/28/2022. [12354873] [21-35905] (Singh, Tejinder) [Entered: 01/28/2022 03:28 PM]
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Filing 12
Streamlined request [11] by Appellant UPPI LLC to extend time to file the brief is approved. Amended briefing schedule: Appellant UPPI LLC opening brief due 01/28/2022. Appellees Obie B. Bacon, Cardinal Health 200 LLC, Cardinal Health 414 LLC, Cardinal Health, Inc., Caring Hands Health Equipment & Supplies LLC, D's Ventures LLC, Other Unnamed Small Business Front Companies, Demaurice Scott and Unnamed Individuals answering brief due 02/28/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12324502] (JN) [Entered: 12/23/2021 05:58 PM]
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Filing 11
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant UPPI LLC. New requested due date is 01/28/2022. [12323744] [21-35905] (Singh, Tejinder) [Entered: 12/23/2021 07:14 AM]
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Filing 10
MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. The briefing schedule previously set by the court remains in effect. [12315802] (LW) [Entered: 12/14/2021 03:04 PM]
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Filing 9
MEDIATION STATUS REPORT DUE - 12/14/2021. See order for details. [12301756] (LW) [Entered: 11/30/2021 03:48 PM]
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Filing 8
Added Attorney(s) Edward J. Tolchin for party(s) Appellee Obie B. Bacon Appellee Caring Hands Health Equipment & Supplies LLC, in case 21-35905. [12301176] (JFF) [Entered: 11/30/2021 11:42 AM]
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Filing 7
Filed (ECF) notice of appearance of Edward Jay Tolchin (Offit Kurman, PA, 7501 Wisconsin Avenue, Suite 1000W, Bethesda, MD 20814) for Appellees Obie B. Bacon and Caring Hands Health Equipment & Supplies LLC. Date of service: 11/30/2021. (Party was previously proceeding with counsel.) [12301141] [21-35905] (Tolchin, Edward) [Entered: 11/30/2021 11:30 AM]
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Filing 6
Added Attorney(s) Glenn Chappell for party(s) Appellant UPPI LLC, in case 21-35905. [12284167] (JFF) [Entered: 11/10/2021 12:07 PM]
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Filing 5
Filed (ECF) notice of appearance of Glenn E. Chappell (Tycko & Zavareei LLP, 1828 L St, NW, STE 1000, Washington, D.C. 20036) for Appellant UPPI LLC. Date of service: 11/10/2021. (Party was previously proceeding with counsel.) [12283641] [21-35905] (Chappell, Glenn) [Entered: 11/10/2021 07:06 AM]
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Filing 4
MEDIATION CONFERENCE SCHEDULED - DIAL IN AssessmentConference, 11/30/2021, 1:00 p.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12282563] (LW) [Entered: 11/09/2021 11:06 AM]
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| Filing 3 The Mediation Questionnaire for this case was filed on 11/04/2021. 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.[12278382]. [21-35905] (AD) [Entered: 11/04/2021 12:44 PM] |
| Filing 2 Filed (ECF) Appellant UPPI LLC Mediation Questionnaire. Date of service: 11/04/2021. [12278290] [21-35905] (Singh, Tejinder) [Entered: 11/04/2021 11:55 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant UPPI LLC Mediation Questionnaire due on 11/05/2021. Appellant UPPI LLC opening brief due 12/29/2021. Appellees Obie B. Bacon, Cardinal Health 200 LLC, Cardinal Health 414 LLC, Cardinal Health, Inc., Caring Hands Health Equipment & Supplies LLC, D's Ventures LLC, Other Unnamed Small Business Front Companies, Demaurice Scott and Unnamed Individuals answering brief due 01/31/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12272931] (RT) [Entered: 10/29/2021 12:31 PM] |
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