A. H., et al v. Ahmad Khalifa, et al
| DOES, 1 to 100 |
| A. H., a minor by and through her Guardian Ad Litem Sandra Guzman and SANDRA GUZMAN, individually |
| AHMAD KHALIFA, M.D., BORZOUYEH POURSHARIF, M.D. and EISNER PEDIATRIC & FAMILY MEDICAL CENTER, DBA Eisners Health Los Angeles Womens Center |
| FARNAAZ KIA, M.D. and DIGNITY HEALTH, Erroneously sued as California Hospital Medical Center |
| UNITED STATES OF AMERICA |
| 22-56061 |
| November 16, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Medical Malpractice |
Docket Report
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| Filing 39 Notice of Oral Argument on Tuesday, November 14, 2023 - 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. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. 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, November 14, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12785874]. [22-56061] (KS) [Entered: 09/03/2023 06:17 AM] |
| Filing 38 Filed (ECF) Attorney Matthew Sidney Freedus, Esquire for Appellants Eisner Pediatric & Family Medical Center, Ahmad Khalifa and Borzouyeh Poursharif response to notice for case being considered for oral argument. Date of service: 07/13/2023. [12754669] [22-56061] (Freedus, Matthew) [Entered: 07/13/2023 12:19 PM] |
| Filing 37 This case is being considered for an upcoming oral argument calendar in Pasadena Please consult with opposing counsel and review the Pasadena sitting dates for November 2023 and the subsequent month in that location at # http://www.ca9.uscourts.gov/court_sessions . Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable 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. 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). You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.[12752903]. [22-56061] (KS) [Entered: 07/11/2023 12:52 PM] |
| Filing 36 Filed (ECF) Appellee USA citation of supplemental authorities. Date of service: 07/10/2023. [12751906] [22-56061] (Soter, Kevin) [Entered: 07/10/2023 02:25 PM] |
| Filing 35 Filed (ECF) Attorney Matthew Sidney Freedus, Esquire for Appellants Eisner Pediatric & Family Medical Center, Ahmad Khalifa and Borzouyeh Poursharif response to notice for case being considered for oral argument. Date of service: 06/22/2023. [12740938] [22-56061] (Freedus, Matthew) [Entered: 06/22/2023 10:10 AM] |
| Filing 34 Received 6 paper copies of Reply Brief [ # 30 ] filed by appellants. [12738022] (MAE) [Entered: 06/16/2023 02:07 PM] |
| Filing 33 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for October 2023 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).[12737871]. [22-56061] (KS) [Entered: 06/16/2023 12:22 PM] |
| Filing 32 Filed (ECF) Errata to Reply Brief ([ # 30 ] Brief Submitted for Review (ECF Filing)). Filed by Appellants Ahmad Khalifa, Borzouyeh Poursharif and Eisner Pediatric & Family Medical Center. Date of service: 06/14/2023. [12735916] [22-56061] (Freedus, Matthew) [Entered: 06/14/2023 02:15 PM] |
| Filing 31 Filed clerk order: The reply brief [ # 30 ] submitted by appellants 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. [12733348] (SML) [Entered: 06/12/2023 09:14 AM] |
| Filing 30 Submitted (ECF) Reply Brief for review. Submitted by Appellants Eisner Pediatric & Family Medical Center, Ahmad Khalifa and Borzouyeh Poursharif. Date of service: 06/09/2023. [12733077] [22-56061] (Freedus, Matthew) [Entered: 06/09/2023 06:42 PM] |
| Filing 29 Streamlined request [28] by Appellants Eisner Pediatric & Family Medical Center, Ahmad Khalifa and Borzouyeh Poursharif to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 06/09/2023. [12702953] (DR) [Entered: 04/25/2023 04:39 PM] |
| Filing 28 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Eisner Pediatric & Family Medical Center, Ahmad Khalifa and Borzouyeh Poursharif. New requested due date is 06/09/2023. [12702491] [22-56061] (Tyler, Brendan) [Entered: 04/25/2023 12:08 PM] |
| Filing 27 Received 3 paper copies of supplemental excerpts of record [ # 24 ] in 1 volume(s) filed by USA. [12700482] (NAR) [Entered: 04/21/2023 12:26 PM] |
| Filing 26 Received 6 paper copies of Answering Brief [ # 23 ] filed by USA. [12700481] (NAR) [Entered: 04/21/2023 12:25 PM] |
| Filing 25 Filed clerk order: The answering brief [ # 23 ] submitted by USA 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 [ # 24 ] submitted by USA 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. [12699001] (SML) [Entered: 04/19/2023 04:30 PM] |
| Filing 24 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee USA. Date of service: 04/19/2023. [12698914] [22-56061] (Soter, Kevin) [Entered: 04/19/2023 03:21 PM] |
| Filing 23 Submitted (ECF) Answering Brief for review. Submitted by Appellee USA. Date of service: 04/19/2023. [12698904] [22-56061] (Soter, Kevin) [Entered: 04/19/2023 03:19 PM] |
| Filing 22 Received 3 paper copies of excerpts of record [ # 17 ] in 1 volume(s) filed by appellants. [12660190] (CPA) [Entered: 02/23/2023 03:39 PM] |
| Filing 21 Received 6 paper copies of Opening Brief [ # 16 ] filed by appellants. [12660188] (CPA) [Entered: 02/23/2023 03:37 PM] |
| Filing 20 Streamlined request [19] by Appellee USA to extend time to file the brief is approved for all appellees. Amended briefing schedule: Appellees Dignity Health, Sandra Guzman, A. H., Farnaaz Kia and United States of America answering brief due 04/19/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12659906] (DR) [Entered: 02/23/2023 12:45 PM] |
| Filing 19 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee USA. New requested due date is 04/19/2023. [12658308] [22-56061] (Soter, Kevin) [Entered: 02/22/2023 09:49 AM] |
| Filing 18 Filed clerk order: The opening brief [ # 16 ] submitted by appellants 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 [ # 17 ] submitted by appellants `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. [12656845] (SML) [Entered: 02/21/2023 09:42 AM] |
| Filing 17 Submitted (ECF) excerpts of record. Submitted by Appellants Eisner Pediatric & Family Medical Center, Ahmad Khalifa and Borzouyeh Poursharif. Date of service: 02/16/2023. [12655396] [22-56061] (Freedus, Matthew) [Entered: 02/16/2023 11:45 PM] |
| Filing 16 Submitted (ECF) Opening Brief for review. Submitted by Appellants Eisner Pediatric & Family Medical Center, Ahmad Khalifa and Borzouyeh Poursharif. Date of service: 02/16/2023. [12655394] [22-56061] (Freedus, Matthew) [Entered: 02/16/2023 11:44 PM] |
| Filing 15 Filed order (RICHARD R. CLIFTON and GABRIEL P. SANCHEZ): Appellants motion (Docket Entry No. [ # 11 ]) to stay the district courts November 8, 2022 remand order pending appeal is denied. See Nken v. Holder, 556 U.S. 418, 434 (2009). The existing briefing schedule remains in effect. [12640611] (AF) [Entered: 01/27/2023 11:51 AM] |
| Filing 14 Filed (ECF) Appellants Eisner Pediatric & Family Medical Center, Ahmad Khalifa and Borzouyeh Poursharif reply to response (). Date of service: 01/20/2023. [12635367] [22-56061] (Tyler, Brendan) [Entered: 01/20/2023 05:59 PM] |
| Filing 13 Filed (ECF) Appellee USA response opposing motion ([ # 11 ] Motion (ECF Filing), [ # 11 ] Motion (ECF Filing)). Date of service: 01/13/2023. [12630477] [22-56061] (Soter, Kevin) [Entered: 01/13/2023 02:34 PM] |
| Filing 12 Attorney Robert B. Packer substituted by Attorney Paul M. Corson. [12621603] (RL) [Entered: 01/03/2023 01:39 PM] |
| Filing 11 Filed (ECF) Appellants Eisner Pediatric & Family Medical Center, Ahmad Khalifa and Borzouyeh Poursharif Motion to stay lower court action. Date of service: 01/03/2023. [12621598] [22-56061] (Tyler, Brendan) [Entered: 01/03/2023 01:38 PM] |
| Filing 10 Filed (ECF) notice of appearance of Paul Meier Corson (Packer, O'Leary & Corson) for Appellee Dignity Health. Substitution for Attorney Robert B. Packer, Esquire for Appellee Dignity Health. Date of service: 01/03/2023. (Party was previously proceeding with counsel.) [12621561] [22-56061] (Corson, Paul) [Entered: 01/03/2023 01:16 PM] |
| Filing 9 Streamlined request [8] by Appellants Eisner Pediatric & Family Medical Center, Ahmad Khalifa and Borzouyeh Poursharif to extend time to file the brief is approved. Amended briefing schedule: Appellants Eisner Pediatric & Family Medical Center, Ahmad Khalifa and Borzouyeh Poursharif opening brief due 02/16/2023. Appellees Dignity Health, Sandra Guzman, A. H., Farnaaz Kia and United States of America answering brief due 03/20/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12621179] (BG) [Entered: 01/03/2023 09:30 AM] |
| Filing 8 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Eisner Pediatric & Family Medical Center, Ahmad Khalifa and Borzouyeh Poursharif. New requested due date is 02/16/2023. [12620996] [22-56061] (Tyler, Brendan) [Entered: 01/03/2023 07:46 AM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 11/25/2022. 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.[12595781]. [22-56061] (AD) [Entered: 11/25/2022 12:44 PM] |
| Filing 6 Filed (ECF) Appellants Eisner Pediatric & Family Medical Center, Ahmad Khalifa and Borzouyeh Poursharif Mediation Questionnaire. Date of service: 11/25/2022. [12595775] [22-56061] (Freedus, Matthew) [Entered: 11/25/2022 12:35 PM] |
| Filing 5 Added Attorney(s) Dana Kaersvang for party(s) Appellee USA, in case 22-56061. [12590799] (NAC) [Entered: 11/18/2022 07:12 AM] |
| Filing 4 Filed (ECF) notice of appearance of Dana Lydia Kaersvang (U.S. Department of Justice; 950 Pennsylvania Ave. NW Rm. 7216; Washington, DC 20530) for Appellee USA. Date of service: 11/17/2022. (Party was previously proceeding with counsel.) [12590759] [22-56061] (Kaersvang, Dana) [Entered: 11/17/2022 07:02 PM] |
| Filing 3 Added Attorney(s) Kevin Benjamin Soter for party(s) Appellee USA. [12590342] (RL) [Entered: 11/17/2022 02:42 PM] |
| Filing 2 Filed (ECF) notice of appearance of Kevin B. Soter (U.S. Department of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Ave. NW Room 7222, Washington, DC 20530) for Appellee USA. Date of service: 11/17/2022. (Party was previously proceeding with counsel.) [12590109] [22-56061] (Soter, Kevin) [Entered: 11/17/2022 12:57 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Eisner Pediatric & Family Medical Center, Ahmad Khalifa and Borzouyeh Poursharif Mediation Questionnaire due on 11/25/2022. Appellants Eisner Pediatric & Family Medical Center, Ahmad Khalifa and Borzouyeh Poursharif opening brief due 01/17/2023. Appellees Dignity Health, Sandra Guzman, A. H., Farnaaz Kia and United States of America answering brief due 02/17/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12589626] (RT) [Entered: 11/17/2022 09:20 AM] |
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