Kaweah Delta Health Care District, et al v. Xavier Becerra
| KAWEAH DELTA HEALTH CARE DISTRICT, DBA Kaweah Delta Medical Center, ANTELOPE VALLEY HEALTHCARE DISTRICT, DBA Antelope Valley Hospital, COUNTY OF SAN BERNARDINO, HEART HOSPITAL OF BK, LLC, DBA Bakersfield Heart Hospital, BEVERLY COMMUNITY HOSPITAL ASSOCIATION, DBA Beverly Hospital, CASA COLINA HOSPITAL AND CENTERS FOR HEALTHCARE, DBA Casa Colina Hospital, CHINESE HOSPITAL ASSOCIATION, DBA Chinese Hospital, CMCM, INC., DBA College Hospital Costa Mesa, CHLB, LLC, DBA College Medical Center, COMMUNITY MEMORIAL HEALTH SYSTEM, DBA Community Memorial Hospital San Buenaventura, COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA, COUNTY OF CONTRA COSTA, DBA Contra Costa Regional Medical Center, DAMERON HOSPITAL ASSOCIATION, DBA Dameron Hospital, EISENHOWER MEDICAL CENTER, EL CAMINO HOSPITAL, CITY OF EL CENTRO, DBA El Centro Regional Medical Center, ENLOE MEDICAL CENTER, GOOD SAMARITAN HOSPITAL, a California Limited Partnership, SAN BENITO HEALTH CARE DISTRICT, DBA Hazel Hawkins Memorial Hospital, HENRY MAYO NEWHALL MEMORIAL HOSPITAL, DBA Henry Mayo Newhall Hospital, CHA HOLLYWOOD MEDICAL CENTER, L.P., DBA Hollywood Presbyterian Medical Center, PASADENA HOSPITAL ASSOCIATION, LTN, DBA Huntington Hospital, AKA Huntington Memorial Hospital, KERN COUNTY HOSPITAL AUTHORITY, DBA Kern Medical Center, LOMPOC VALLEY MEDICAL CENTER, AMERICAN HOSPITAL MANAGEMENT CORPORATION, DBA Mad River Community Hospital, MADERA COMMUNITY HOSPITAL, MARIN GENERAL HOSPITAL, DBA MarinHealth Medical Center, MARSHALL MEDICAL CENTER, MARTIN LUTHER KING JR.- LOS ANGELES MLK-LA HEALTHCARE CORPORATION, DBA Martin Luther King, Jr. Community Hospital, METHODIST HOSPITAL OF SOUTHERN CALIFORNIA, DEANCO HEALTHCARE, LLC, DBA Mission Community Hospital, COUNTY OF MONTEREY, DBA Natividad Medical Center, NORTHBAY HEALTHCARE GROUP, DBA Northbay Medical Center, OAK VALLEY HOSPITAL DISTRICT, OROVILLE HOSPITAL, PACIFICA OF THE VALLEY CORPORATION, DBA Pacifica Hospital of the Valley, PIONEERS MEMORIAL HEALTHCARE DISTRICT, POMONA VALLEY HOSPITAL MEDICAL CENTER, REDLANDS COMMUNITY HOSPITAL, COUNTY OF RIVERSIDE, AKA Riverside County Regional Medical Center, DBA Riverside University Health Systems - Medical Center, SALINAS VALLEY MEMORIAL HEALTH CARE SYSTEM, DBA Salinas Valley Memorial Hospital, SAN ANTONIO REGIONAL HOSPITAL, INC., DBA San Antonio Regional Hospital, SAN GORGONIO MEMORIAL HEALTHCARE DISTRICT, DBA San Gorgonio Memorial Hospital, COUNTY OF SAN MATEO, DBA San Mateo Medical Center, COUNTY OF SANTA CLARA, DBA O'Connor Hospital, DBA Santa Clara Valley Medical Center, DBA St. Louise Regional Hospital, SIERRA VIEW LOCAL HEALTH CARE DISTRICT, DBA Sierra View Local Health Care District, SOMONA VALLEY HEALTH CARE DISTRICT, DBA Somona Valley Hospital, SAINT AGNES MEDICAL CENTER, TRI-CITY HOSPITAL DISTRICT, DBA Tri-City Medical Center, VALLEY PRESBYTERIAN HOSPITAL, WASHINGTON TOWNSHIP HEALTH CARE DISTRICT, DBA Washington Hospital, WATSONVILLE HOSPITAL CORPORATION, DBA Watsonville Community Hospital and COUNTY OF VENTURA, doing business as Ventura County Medical Center |
| ALEX M. AZAR II, United States Department of Health and Human Services, in his official capacity and XAVIER BECERRA, United States Department of Health and Human Services, in his official capacity |
| 23-55209 |
| March 7, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Medicare Act |
Docket Report
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| Filing 31 Received 6 paper copies of Cross-Appeal Reply Brief [ # 29 ] filed by Appellees/Cross-Appellants. [12799747] [23-55157, 23-55209] (SD) [Entered: 09/27/2023 10:52 AM] |
| Filing 30 Filed clerk order: The cross-appeal reply brief [ # 29 ] submitted by Appellees/Cross-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. [12798752] [23-55157, 23-55209] (SML) [Entered: 09/25/2023 05:41 PM] |
| Filing 29 Submitted (ECF) Cross-Appeal Reply Brief for review. Submitted by Appellees American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55157, Appellants American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55209. Date of service: 09/22/2023. [12797310] [23-55157, 23-55209]--[COURT UPDATE: Updated entry to correctly reflect brief type. 09/25/2023 by SML] (Bookman, Lloyd) [Entered: 09/22/2023 01:07 PM] |
| Filing 28 Filed clerk order (Deputy Clerk: MCD): The motion to substitute parties (Docket Entry No. [ # 17 ] in appeal No. 23-55157) is referred to the panel assigned to decide the merits of these cross-appeals. The existing briefing schedule remains in effect. [12794469] [23-55157, 23-55209] (OC) [Entered: 09/18/2023 04:58 PM] |
| Filing 27 Received 6 paper copies of Third Brief on Cross-Appeal [ # 25 ] filed by Xavier Becerra. [12789121] [23-55157, 23-55209] (SD) [Entered: 09/08/2023 02:18 PM] |
| Filing 26 Filed clerk order: The third brief on cross-appeal [ # 25 ] submitted by Xavier Becerra 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: yellow. The paper copies shall be submitted to the principal office of the Clerk. [12787719] [23-55157, 23-55209] (SML) [Entered: 09/06/2023 04:24 PM] |
| Filing 25 Submitted (ECF) Third Brief on Cross-Appeal for review. Submitted by Appellant Xavier Becerra in 23-55157, Appellee Xavier Becerra in 23-55209. Date of service: 09/01/2023. [12785028] [23-55157, 23-55209] (Peters, David) [Entered: 09/01/2023 05:14 AM] |
| Filing 24 Received 6 paper copies of Second Brief on Cross-Appeal [ # 20 ] filed by Appellees/Cross-Appellants. [12769768] [23-55157, 23-55209] (SD) [Entered: 08/07/2023 03:49 PM] |
| Filing 23 Received 3 paper copies of supplemental excerpts of record [ # 21 ] in 1 volume filed by Appellees/Cross-Appellants. [12769767] [23-55157, 23-55209] (SD) [Entered: 08/07/2023 03:48 PM] |
| Filing 22 Filed clerk order: The second brief on cross-appeal [ # 20 ] submitted by Appellees/Cross-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: red. The supplemental excerpts of record [ # 21 ] submitted by Appellees/Cross-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. [12768006] [23-55157, 23-55209] (SML) [Entered: 08/04/2023 09:01 AM] |
| Filing 21 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55157, Appellants American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55209. Date of service: 08/02/2023. [12767069] [23-55157, 23-55209] (Bookman, Lloyd) [Entered: 08/02/2023 05:13 PM] |
| Filing 20 Submitted (ECF) Second Brief on Cross-Appeal for review. Submitted by Appellees American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55157, Appellants American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55209. Date of service: 08/02/2023. [12767066] [23-55157, 23-55209] (Bookman, Lloyd) [Entered: 08/02/2023 05:11 PM] |
| Filing 19 Added Attorney(s) Rachel Leah Zacharias for party(s) Appellee Northbay Healthcare Group Appellee Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation Appellee Good Samaritan Hospital Appellee Beverly Community Hospital Association Appellee Redlands Community Hospital Appellee County of Riverside Appellee Pasadena Hospital Association, LTN Appellee San Benito Health Care District Appellee Saint Agnes Medical Center Appellee Lompoc Valley Medical Center Appellee CMCM, Inc. Appellee Heart Hospital of BK, LLC Appellee Marshall Medical Center Appellee Kaweah Delta Health Care District Appellee Madera Community Hospital Appellee County of Ventura Appellee DHA Appellee Methodist Hospital of Southern California Appellee CHLB, LLC Appellee County of Santa Clara Appellee San Gorgonio Memorial Healthcare District Appellee CHA Hollywood Medical Center, L.P. Appellee Marin General Hospital Appellee Henry Mayo Newhall Memorial Hospital Appellee County of San Bernardino Appellee Pacifica of the Valley Corporation Appellee Valley Presbyterian Hospital Appellee Community Memorial Health System Appellee Deanco Healthcare, LLC Appellee County of Contra Costa Appellee Oroville Hospital Appellee Antelope Valley Healthcare District Appellee Chinese Hospital Association Appellee Sierra View Local Health Care District Appellee Washington Township Health Care District Appellee American Hospital Management Corporation Appellee Community Hospital of the Monterey Peninsula Appellee Eisenhower Medical Center Appellee City of El Centro Appellee Watsonville Hospital Corporation Appellee Casa Colina Hospital and Centers for Healthcare Appellee San Antonio Regional Hospital, Inc. Appellee Enloe Medical Center Appellee Pomona Valley Hospital Medical Center Appellee County of Monterey Appellee Kern County Hospital Authority Appellee County of San Mateo Appellee Pioneers Memorial Healthcare District Appellee El Camino Hospital Appellee Salinas Valley Memorial Health Care System Appellee Oak Valley Hospital District Appellee Tri-City Hospital District Appellee Somona Valley Health Care District. [12765185] [23-55157, 23-55209] (RL) [Entered: 07/31/2023 02:51 PM] |
| Filing 18 Filed (ECF) notice of appearance of Rachel Leah Zacharias (HOOPER, LUNDY & BOOKMAN, P.C. 401 9th Street, NW, Suite 550 Washington, DC 20004) for Appellees American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55157, Appellants American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55209. Date of service: 07/31/2023. (Party was previously proceeding with counsel.) [12765159] [23-55157, 23-55209] (Zacharias, Rachel) [Entered: 07/31/2023 02:39 PM] |
| Filing 17 Filed (ECF) Appellees American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55157, Appellants American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55209 Unopposed Motion to substitute party. Date of service: 07/28/2023. [12764374] [23-55157, 23-55209] (Bookman, Lloyd) [Entered: 07/28/2023 02:22 PM] |
| Filing 16 Received 6 paper copies of First Brief on Cross-Appeal [ # 12 ] filed by Xavier Becerra. [12752660] [23-55157, 23-55209] (SD) [Entered: 07/11/2023 10:38 AM] |
| Filing 15 Received 3 paper copies of excerpts of record [ # 13 ] in 1 volume filed by Appellant Xavier Becerra. [12752656] [23-55157, 23-55209] (SD) [Entered: 07/11/2023 10:36 AM] |
| Filing 14 Filed clerk order: The first brief on cross-appeal [ # 12 ] submitted by Xavier Becerra 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 [ # 13 ] submitted by Xavier Becerra 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. [12749740] [23-55157, 23-55209] (SML) [Entered: 07/06/2023 12:02 PM] |
| Filing 13 Submitted (ECF) excerpts of record. Submitted by Appellant Xavier Becerra in 23-55157, Appellee Xavier Becerra in 23-55209. Date of service: 07/03/2023. [12747537] [23-55157, 23-55209] (Peters, David) [Entered: 07/03/2023 08:46 AM] |
| Filing 12 Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellant Xavier Becerra in 23-55157, Appellee Xavier Becerra in 23-55209. Date of service: 07/03/2023. [12747533] [23-55157, 23-55209]--[COURT UPDATE: Updated entry to correctly reflect brief type. 07/06/2023 by SML] (Peters, David) [Entered: 07/03/2023 08:44 AM] |
| Filing 11 Filed order (JACQUELINE H. NGUYEN, MICHELLE T. FRIEDLAND and JENNIFER SUNG) The motion to dismiss cross-appeal No. 23-55209 for lack of jurisdiction (Docket Entry No. [ # 7 ] in No. 23-55157) is denied without prejudice to renewing the arguments in the merits briefing. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (noting that merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). The first brief on cross-appeal is due July 3, 2023. The second brief on cross-appeal is due August 2, 2023. The third brief on cross-appeal is due September 1, 2023. The optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. [12726510] [23-55157, 23-55209] (OC) [Entered: 06/01/2023 11:49 AM] |
| Filing 10 Appellant Alex M. Azar II in 23-55157 and Appellant Alex M. Azar II in 23-55209 substituted by Appellant Xavier Becerra in 23-55157 and Appellant Xavier Becerra in 23-55209 [12708904] [23-55157, 23-55209] (TYL) [Entered: 05/04/2023 12:01 PM] |
| Filing 9 Filed (ECF) Appellant Alex M. Azar, II in 23-55157, Appellee Alex M. Azar, II in 23-55209 reply to response (motion to dismiss for lack of jurisdiction, ). Date of service: 04/14/2023. [12695532] [23-55157, 23-55209] (Peters, David) [Entered: 04/14/2023 07:28 AM] |
| Filing 8 Filed (ECF) Appellants American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55209, Appellees American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55157 response to motion ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing)). Date of service: 04/07/2023. [12691321] [23-55209, 23-55157] (Bookman, Lloyd) [Entered: 04/07/2023 12:34 PM] |
| Filing 7 Filed (ECF) Appellant Alex M. Azar, II in 23-55157, Appellee Alex M. Azar, II in 23-55209 Motion to dismiss for lack of jurisdiction. Date of service: 03/28/2023. [12683253] [23-55157, 23-55209] (Peters, David) [Entered: 03/28/2023 09:12 AM] |
| Filing 6 MEDIATION ORDER FILED: These cases are RELEASED from the Mediation Program. [12678808] [23-55157, 23-55209] (CL) [Entered: 03/21/2023 03:09 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 03/13/2023. 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.[12673328]. [23-55209] (AD) [Entered: 03/13/2023 06:44 PM] |
| Filing 4 Filed (ECF) Appellants American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55209, Appellees American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55157 Mediation Questionnaire. Date of service: 03/13/2023. [12673112] [23-55209, 23-55157] (Bookman, Lloyd) [Entered: 03/13/2023 03:14 PM] |
| Filing 3 Added Attorney David Jacob Vernon for Appellees/Cross-Appellants Kaweah Delta Health Care District, et al., in cases 23-55157 and 23-55209. [12669093] [23-55157, 23-55209] (HH) [Entered: 03/07/2023 01:14 PM] |
| Filing 2 Filed (ECF) notice of appearance of David Jacob Vernon (Hooper, Lundy & Bookman, P.C., 401 9th Street, N.W., Suite 550, Washington, D.C. 20004) for Appellants American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55209, Appellees American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55157. Date of service: 03/07/2023. (Party was previously proceeding with counsel.) [12668979] [23-55209, 23-55157] (Vernon, David) [Entered: 03/07/2023 11:53 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellants American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, CHA Hollywood Medical Center, L.P., CHLB, LLC, CMCM, Inc., Casa Colina Hospital and Centers for Healthcare, Chinese Hospital Association, City of El Centro, Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Dameron Hospital Association, Deanco Healthcare, LLC, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation Mediation Questionnaire due on 03/14/2023. First cross appeal brief due 05/30/2023 for Alex M. Azar II. Second brief on cross appeal due 06/30/2023 for American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, CHA Hollywood Medical Center, L.P., CHLB, LLC, CMCM, Inc., Casa Colina Hospital and Centers for Healthcare, Chinese Hospital Association, City of El Centro, Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Dameron Hospital Association, Deanco Healthcare, LLC, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation. Third brief on cross appeal due 07/31/2023 for Alex M. Azar II. Optional cross appeal Reply brief is due within 21 days of service of Third brief on cross appeal. [12668855] [23-55209, 23-55157] (RT) [Entered: 03/07/2023 11:02 AM] |
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