Children's Hospital Ass'n, et al v. Alex Azar, et al
Plaintiff / Appellee: Seattle Children's Hospital, Gillette Children's Specialty Healthcare, Children's Health Care, doing business as Children's Hospitals and Clinics of Minnesota, Children's Hospital of the King's Daughters, Incorporated and Children's Hospital Association of Texas
Amicus Curiae: Children's Hospital Association
Defendant / Appellant: Centers for Medicare and Medicaid Services, Alex Michael Azar, II, in his offical capacity, Secretary, Deparment of Health and Human Services, Thomas E. Price, in his offical capacity, Secretary, Deparment of Health and Human Services and Seema Verma, in her official capacity, Administrator, Centers for Medicare and Medicaid Services
Case Number: 18-5135
Filed: May 9, 2018
Court: U.S. Court of Appeals, D.C. Circuit
Nature of Suit: Other Statutory Actions
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Docket Report

This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2020 LETTER [1865085] received from the Clerk of the Supreme Court of the United States notifying this court of the following activity in case No. 19-1203: The petition for writ of certiorari was denied on 10/05/2020. [18-5135] [Entered: 10/06/2020 02:01 PM]
April 9, 2020 LETTER [1837743] received from the Clerk of the Supreme Court of the United States notifying this court of the following activity in the case before it: A petition for writ of certiorari was filed and placed on the docket on 04/09/2020 as No. 19-1203. [18-5135] [Entered: 04/10/2020 06:27 PM]
November 19, 2019 MANDATE ISSUED to Clerk, U.S. District Court. [18-5135] [Entered: 11/19/2019 01:34 PM]
November 8, 2019 PER CURIAM ORDER [1814923] filed denying appellees' petition for rehearing [ # 1808396-2 ]. Before Judges: Henderson, Rogers and Sentelle. [18-5135] [Entered: 11/08/2019 08:28 AM]
November 1, 2019 CORRECTED RESPONSE [1813733] to petition for rehearing [ # 1808396-2 ] filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 11/01/2019 by CM/ECF NDA] Length Certification: 3718. [18-5135] (Chaifetz, Samantha) [Entered: 11/01/2019 11:04 AM]
October 29, 2019 RESPONSE [1813232] to petition for rehearing [ # 1808396-2 ] filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 10/29/2019 by CM/ECF NDA] Length Certification: 3718. [18-5135] (Chaifetz, Samantha) [Entered: 10/29/2019 11:59 PM]
October 16, 2019 CLERK'S ORDER [1811103] filed granting appellants' unopposed motion to extend time to file a response to appellees' petition for panel rehearing [ # 1810921-2 ]; The response to the petition is now due October 29, 2019. [18-5135] [Entered: 10/16/2019 02:27 PM]
October 15, 2019 UNOPPOSED MOTION [1810921] to extend time to file response to 10/29/2019 filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma Length Certification: 454. [18-5135] (Chaifetz, Samantha) [Entered: 10/15/2019 11:42 PM]
October 7, 2019 CLERK'S ORDER [1809672] filed, on the courts own motion, that within 15 days of the date of this order, appellants file a response to appellees petition for panel rehearing. The response may not exceed 3,900 words. Absent an order of the court, a reply to the response will not be accepted for filing. [18-5135] [Entered: 10/07/2019 01:17 PM]
September 27, 2019 PETITION [1808396] for rehearing filed by Appellees Children's Hospital Association of Texas, Children's Health Care, Gillette Children's Specialty Healthcare, Children's Hospital of the King's Daughters, Incorporated and Seattle Children's Hospital [Service Date: 09/27/2019 by CM/ECF NDA] Length Certification: 3,842 Words. [18-5135] (Salmons, David) [Entered: 09/27/2019 01:52 PM]
August 13, 2019 PER CURIAM JUDGMENT [1801817] filed that the judgment of the District Court appealed from in this cause be reversed, the 2017 Rule be reinstated, and the case be remanded for further proceedings, for the reasons in the accompanying opinion . Before Judges: Henderson, Rogers and Sentelle. [18-5135] [Entered: 08/13/2019 10:03 AM]
August 13, 2019 OPINION [1801819] filed (Pages: 15) for the Court by Judge Henderson. [18-5135] [Entered: 08/13/2019 10:08 AM]
August 13, 2019 CLERK'S ORDER [1801820] filed withholding issuance of the mandate. [18-5135] [Entered: 08/13/2019 10:09 AM]
August 2, 2019 TRANSCRIPT [1800502] of oral argument [18-5135] [Entered: 08/02/2019 02:40 PM]
June 21, 2019 NOTICE [1793857] to withdraw attorney Tara S. Morrissey who represented Centers for Medicare and Medicaid Services, Seema Verma and Alex Michael Azar II in 18-5135 filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 06/21/2019 ] [18-5135] (Morrissey, Tara) [Entered: 06/21/2019 10:22 AM]
April 9, 2019 ORAL ARGUMENT HELD before Judges Henderson, Rogers and Sentelle. [18-5135] [Entered: 04/09/2019 10:13 AM]
April 2, 2019 FORM 72 submitted by arguing attorney, Tara S. Morrissey, on behalf of Appellants Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [18-5135] (Morrissey, Tara) [Entered: 04/02/2019 02:44 PM]
April 2, 2019 FORM 72 submitted by arguing attorney, David B. Salmons, on behalf of Appellees Children's Hospital Association of Texas, Children's Health Care, Gillette Children's Specialty Healthcare, Children's Hospital of the King's Daughters, Incorporated and Seattle Children's Hospital (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [18-5135] (Salmons, David) [Entered: 04/02/2019 01:03 PM]
March 28, 2019 PER CURIAM ORDER [1780008] filed allocating oral argument time as follows: Appellants - 15 Minutes, Appellees - 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 04/02/2019 [18-5135] [Entered: 03/28/2019 12:12 PM]
March 8, 2019 LETTER [1776749] Statement of Clarification filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 03/08/2019 ] [18-5135] (Morrissey, Tara) [Entered: 03/08/2019 02:43 PM]
March 7, 2019 APPELLANT FINAL BRIEF [1776580] filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 03/07/2019 ] Length of Brief: 10,114 words. [18-5135] (Morrissey, Tara) [Entered: 03/07/2019 02:24 PM]
March 7, 2019 APPELLANT FINAL REPLY BRIEF [1776583] filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 03/07/2019 ] Length of Brief: 6,489 words. [18-5135] (Morrissey, Tara) [Entered: 03/07/2019 02:26 PM]
March 6, 2019 APPELLEE FINAL BRIEF [1776319] filed by Children's Hospital Association of Texas, Children's Health Care, Gillette Children's Specialty Healthcare, Children's Hospital of the King's Daughters, Incorporated and Seattle Children's Hospital [Service Date: 03/06/2019 ] Length of Brief: 12,958 Words. [18-5135] (Edens, Geraldine) [Entered: 03/06/2019 01:29 PM]
February 21, 2019 JOINT APPENDIX [1774146] filed by Centers for Medicare and Medicaid Services, Mr. Alex Michael Azar, II and Seema Verma. [Volumes: 1] [Service Date: 02/21/2019 ] [18-5135] (Morrissey, Tara) [Entered: 02/21/2019 10:02 AM]
February 20, 2019 CLERK'S ORDER [1774004] filed scheduling oral argument on Tuesday, 04/09/2019. [18-5135] [Entered: 02/20/2019 10:03 AM]
February 14, 2019 APPELLANT REPLY BRIEF [1773422] filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 02/14/2019 ] Length of Brief: 6,491 words. [18-5135] (Morrissey, Tara) [Entered: 02/14/2019 12:54 PM]
January 31, 2019 CLERK'S ORDER [1771406] filed granting appellants' unopposed motion to extend time to file the reply brief [ # 1771232-2 ], The following revised briefing schedule will now apply: APPELLANT Reply Brief due 02/14/2019. DEFERRED APPENDIX due 02/21/2019. Final Briefs due 03/07/2019. [18-5135] [Entered: 01/31/2019 04:53 PM]
January 31, 2019 UNOPPOSED MOTION [1771232] to extend time to file brief to 02/14/2019 filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 01/31/2019 ] Length Certification: 246 words. [18-5135] (Morrissey, Tara) [Entered: 01/31/2019 10:48 AM]
January 16, 2019 CLERK'S ORDER [1768705] filed granting appellants' unopposed motion to extend time to file the reply brief [ # 1768408-2 ], The following revised briefing schedule will now apply: APPELLANT Reply Brief due 02/08/2019. DEFERRED APPENDIX due 02/15/2019. Final Briefs due 03/01/2019. [18-5135] [Entered: 01/16/2019 03:55 PM]
January 15, 2019 UNOPPOSED MOTION [1768408] to extend time to file brief filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 01/15/2019 ] Length Certification: 523 words. [18-5135] (Morrissey, Tara) [Entered: 01/15/2019 03:02 PM]
December 28, 2018 AMICUS FOR APPELLEE FINAL BRIEF [1766102] filed by Children's Hospital Association [Service Date: 12/28/2018 ] Length of Brief: 3,067 Words. [18-5135] (Jarcho, Daniel) [Entered: 12/28/2018 09:14 AM]
December 21, 2018 APPELLEE BRIEF [1765612] filed by Children's Hospital Association of Texas, Children's Health Care, Gillette Children's Specialty Healthcare, Children's Hospital of the King's Daughters, Incorporated and Seattle Children's Hospital [Service Date: 12/21/2018 ] Length of Brief: 12,971. [18-5135] (Edens, Geraldine) [Entered: 12/21/2018 05:37 PM]
December 18, 2018 CONSENT NOTICE [1764785] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Children's Hospital Association [Service Date: 12/18/2018 ] [18-5135]--[Edited 12/20/2018 by LMF] (Jarcho, Daniel) [Entered: 12/18/2018 02:45 PM]
October 25, 2018 CLERK'S ORDER [1757115] filed granting the joint motion to extend time to file the briefs [ # 1756940-2 ], The following revised briefing schedule will now apply: APPELLEE Brief due on 12/21/2018. APPELLANT Reply Brief due 01/25/2019. DEFERRED APPENDIX due 02/01/2019. Final Briefs due 02/15/2019. [18-5135] [Entered: 10/25/2018 12:58 PM]
October 24, 2018 JOINT UNOPPOSED MOTION [1756940] to extend time to file brief to 12/21/2018 filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services, Seema Verma and Children's Health Care, Children's Hospital Association of Texas, Children's Hospital of the King's Daughters, Incorporated, Gillette Children's Specialty Healthcare and Seattle Children's Hospital [Service Date: 10/24/2018 ] Length Certification: 602 Words. [18-5135] (Edens, Geraldine) [Entered: 10/24/2018 03:56 PM]
October 5, 2018 APPELLANT BRIEF [1754179] filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 10/05/2018 ] Length of Brief: 10,115 words. [18-5135] (Morrissey, Tara) [Entered: 10/05/2018 05:16 PM]
August 3, 2018 CLERK'S ORDER [1743912] filed granting appellants' unopposed motion to extend time [ # 1743515-2 ], The following revised briefing schedule will now apply: APPELLANT Brief due 10/05/2018. APPELLEE Brief due on 11/05/2018. APPELLANT Reply Brief due 11/19/2018. DEFERRED APPENDIX due 11/26/2018. Final Briefs due 12/10/2018. [18-5135] [Entered: 08/03/2018 12:14 PM]
August 1, 2018 UNOPPOSED MOTION [1743515] to extend time to file brief to 10/05/2018 filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 08/01/2018 ] Length Certification: 781. [18-5135] (Chaifetz, Samantha) [Entered: 08/01/2018 04:49 PM]
June 29, 2018 CLERK'S ORDER [1738513] filed setting briefing schedule: APPELLANT Brief due 08/08/2018. APPELLEE Brief due on 09/07/2018. APPELLANT Reply Brief due 09/21/2018. DEFERRED APPENDIX due 09/28/2018. Final Briefs due 10/12/2018. [18-5135] [Entered: 06/29/2018 03:19 PM]
June 9, 2018 DOCKETING STATEMENT [1735238] filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 06/08/2018 ] [18-5135] (Chaifetz, Samantha) [Entered: 06/09/2018 12:09 AM]
June 8, 2018 UNDERLYING DECISION IN CASE [1735234] submitted by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 06/08/2018 ] [18-5135] (Chaifetz, Samantha) [Entered: 06/08/2018 11:31 PM]
June 8, 2018 TRANSCRIPT STATUS REPORT [1735235] filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 06/08/2018 ]. Status of Transcripts: Final - All transcripts needed for the appeal have been completed and received. [18-5135] (Chaifetz, Samantha) [Entered: 06/08/2018 11:44 PM]
June 8, 2018 CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1735233] filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 06/08/2018 ] [18-5135] (Chaifetz, Samantha) [Entered: 06/08/2018 11:29 PM]
June 8, 2018 STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1735236] filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 06/08/2018 ] Intent: AppxDeferred [18-5135] (Chaifetz, Samantha) [Entered: 06/08/2018 11:56 PM]
June 8, 2018 STATEMENT OF ISSUES [1735237] filed by Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma [Service Date: 06/08/2018 ] [18-5135] (Chaifetz, Samantha) [Entered: 06/08/2018 11:57 PM]
June 7, 2018 STATEMENT [1734879] with Disclosure Listing filed by Seattle Children's Hospital, Gillette Children's Specialty Healthcare, Children's Hospital of the King's Daughters, Incorporated, Children's Hospital Association of Texas and Children's Health Care [Service Date: 06/07/2018 ] [18-5135] (Edens, Geraldine) [Entered: 06/07/2018 04:01 PM]
June 7, 2018 CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1734876] filed by Children's Hospital Association of Texas, Children's Health Care, Gillette Children's Specialty Healthcare, Children's Hospital of the King's Daughters, Incorporated and Seattle Children's Hospital [Service Date: 06/07/2018 ] [18-5135] (Edens, Geraldine) [Entered: 06/07/2018 03:59 PM]
June 4, 2018 AMENDED ENTRY OF APPEARANCE [1734269] filed by Geraldine E. Edens and co-counsel David B. Salmons, Susan Feigin Harris, Michael E. Kenneally, Christopher H. Marraro on behalf of Appellees Children's Hospital Association of Texas, Children's Health Care, Gillette Children's Specialty Healthcare, Children's Hospital of the King's Daughters, Incorporated and Seattle Children's Hospital. [18-5135] (Edens, Geraldine) [Entered: 06/04/2018 07:51 PM]
May 15, 2018 ENTRY OF APPEARANCE [1731051] filed by Samantha L. Chaifetz and co-counsel Tara S. Morrissey, Mark B. Stern on behalf of Appellants Mr. Alex Michael Azar, II, Centers for Medicare and Medicaid Services and Seema Verma. [18-5135] (Chaifetz, Samantha) [Entered: 05/15/2018 06:35 PM]
May 10, 2018 ENTRY OF APPEARANCE [1730309] filed by Geraldine E. Edens and co-counsel Christopher H. Marraro on behalf of Appellees Children's Hospital Association of Texas, Children's Health Care, Gillette Children's Specialty Healthcare, Children's Hospital of The King's Daughters, Incorporated and Seattle Children's Hospital. [18-5135] (Edens, Geraldine) [Entered: 05/10/2018 12:36 PM]
May 9, 2018 NOTICE OF APPEAL [1730083] seeking review of a decision by the U.S. District Court in 1:17-cv-00844-EGS filed by Centers for Medicare and Medicaid Services, Alex Azar and Seema Verma. Appeal assigned USCA Case Number: 18-5135. [18-5135] [Entered: 05/09/2018 11:31 AM]
May 9, 2018 CLERK'S ORDER [1730089] filed directing party to file initial submissions: APPELLANT docketing statement due 06/08/2018. APPELLANT certificate as to parties due 06/08/2018. APPELLANT statement of issues due 06/08/2018. APPELLANT underlying decision due 06/08/2018. APPELLANT deferred appendix statement due 06/08/2018. APPELLANT notice of appearance due 06/08/2018. APPELLANT transcript status report due 06/08/2018. APPELLANT procedural motions due 06/08/2018. APPELLANT dispositive motions due 06/25/2018; directing party to file initial submissions: APPELLEE certificate as to parties due 06/08/2018. APPELLEE entry of appearance due 06/08/2018. APPELLEE procedural motions due 06/08/2018. APPELLEE dispositive motions due 06/25/2018 [18-5135] [Entered: 05/09/2018 11:46 AM]
May 9, 2018 US CIVIL CASE docketed. [18-5135] [Entered: 05/09/2018 11:29 AM]

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Search for this case: Children's Hospital Ass'n, et al v. Alex Azar, et al
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Plaintiff / appellee: Seattle Children's Hospital
Represented By: Susan Feigin Harris
Represented By: Geraldine E. Edens
Represented By: Michael E. Kenneally
Represented By: Christopher Howard Marraro Esquire
Represented By: David B. Salmons Esquire
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Plaintiff / appellee: Gillette Children's Specialty Healthcare
Represented By: Susan Feigin Harris
Represented By: Geraldine E. Edens
Represented By: Michael E. Kenneally
Represented By: Christopher Howard Marraro Esquire
Represented By: David B. Salmons Esquire
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Plaintiff / appellee: Children's Health Care, doing business as Children's Hospitals and Clinics of Minnesota
Represented By: Susan Feigin Harris
Represented By: Geraldine E. Edens
Represented By: Michael E. Kenneally
Represented By: Christopher Howard Marraro Esquire
Represented By: David B. Salmons Esquire
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Plaintiff / appellee: Children's Hospital of the King's Daughters, Incorporated
Represented By: Susan Feigin Harris
Represented By: Geraldine E. Edens
Represented By: Michael E. Kenneally
Represented By: Christopher Howard Marraro Esquire
Represented By: David B. Salmons Esquire
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Plaintiff / appellee: Children's Hospital Association of Texas
Represented By: Susan Feigin Harris
Represented By: Geraldine E. Edens
Represented By: Michael E. Kenneally
Represented By: Christopher Howard Marraro Esquire
Represented By: David B. Salmons Esquire
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Amicus curiae: Children's Hospital Association
Represented By: Daniel G. Jarcho
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Defendant / appellant: Centers for Medicare and Medicaid Services
Represented By: David Lowell Hoskins
Represented By: Steven Andrew Myers
Represented By: Susan Maxson Lyons Esquire
Represented By: Janice L. Hoffman
Represented By: Mark B. Stern
Represented By: Samantha Lee Chaifetz
Represented By: Susan Lyons
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Defendant / appellant: Alex Michael Azar, II, in his offical capacity, Secretary, Deparment of Health and Human Services
Represented By: David Lowell Hoskins
Represented By: Steven Andrew Myers
Represented By: Susan Maxson Lyons Esquire
Represented By: Janice L. Hoffman
Represented By: Mark B. Stern
Represented By: Samantha Lee Chaifetz
Represented By: Susan Lyons
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Defendant / appellant: Thomas E. Price, in his offical capacity, Secretary, Deparment of Health and Human Services
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Defendant / appellant: Seema Verma, in her official capacity, Administrator, Centers for Medicare and Medicaid Services
Represented By: David Lowell Hoskins
Represented By: Steven Andrew Myers
Represented By: Susan Maxson Lyons Esquire
Represented By: Janice L. Hoffman
Represented By: Mark B. Stern
Represented By: Samantha Lee Chaifetz
Represented By: Susan Lyons
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