American Hospital Association, et al v. Alex Azar, II
| Association of American Medical Colleges, National Association of Children's Hospitals, Bothwell Regional Health Center, Memorial Community Hospital and Health System, Federation of American Hospitals, American Hospital Association and Providence Health System - Southern California, d/b/a Providence Holy Cross Medical Center |
| Alex M. Azar, II, in his official capacity as Secretary of Health and Human Services |
| The Connecticut Hospital Association, The Texas Hospital Association, The Healthcare Association of Hawaii, Tennessee Hospital Association, Kentucky Hospital Association, The Wyoming Hospital Association, The Hospital and Healthsystem Association of Pennsylvania, The Greater New York Hospital Association, The District of Columbia Hospital Association, The Montana Hospital Association, The West Virginia Hospital Association, The Arkansas Hospital Association, The Alaska State Hospital & Nursing Home Association, Free2Care, The Iowa Hospital Association, The Wisconsin Hospital Association, Association of Mature American Citizens, The Washington State Hospital Association, Chamber of Commerce of the United States of America, The Nebraska Hospital Association, The Oregon Association of Hospitals and Health Systems, The Louisiana Hospital Association, PatientRightsAdvocate.org, The North Dakota Hospital Association, The New Jersey Hospital Association, The South Dakota Association of Healthcare Organizations, The New Mexico Hospital Association, The South Carolina Hospital Association, The Healthcare Association of New York State, The Georgia Hospital Association, The Arizona Hospital and Healthcare Association, The California Hospital Association, The North Carolina Healthcare Association, The Illinois Health and Hospital Association, The Ohio Hospital Association, Michigan Health & Hospital Association, The Massachusetts Health and Hospital Association, The Mississippi Hospital Association, Texas Public Policy Foundation, Healthcare Financial Management Association, The Missouri Hospital Association, The New Hampshire Hospital Association, The Nevada Hospital Association, The Kansas Hospital Association, Florida Hospital Association, Independent Women's Law Center and The Maine Hospital Association |
| 20-5193 |
| June 30, 2020 |
| U.S. Court of Appeals, D.C. Circuit |
| Other Statutes APA/Review Agency |
Docket Report
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MANDATE ISSUED to Clerk, U.S. District Court. [20-5193] [Entered: 02/22/2021 11:53 AM]
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OPINION [1877500] filed (Pages: 25) for the Court by Judge Tatel. [20-5193] [Entered: 12/29/2020 10:07 AM]
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PER CURIAM ORDER [1877503] filed dismissing as moot appellant's emergency motion to stay enforcement [ # 1876693-2 ], in light of the opinion issued December 29, 2020. Before Judges: Tatel, Garland* and Edwards. (* Circuit Judge Garland did not participate in the disposition of this motion.) [20-5193] [Entered: 12/29/2020 10:11 AM]
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PER CURIAM JUDGMENT [1877497] filed that the District Court's grant of summary judgment to the Secretary be affirmed, for the reasons in the accompanying opinion . Before Judges: Tatel, Garland* and Edwards. (*Judge Garland was a member of the panel at the time this case was argued but did not participate in the final disposition of the case.) [20-5193] [Entered: 12/29/2020 10:04 AM]
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CLERK'S ORDER [1877506] filed withholding issuance of the mandate. [20-5193] [Entered: 12/29/2020 10:13 AM]
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REPLY [1877214] filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California to response [ # 1877189-2 ] [Service Date: 12/24/2020 by CM/ECF NDA] Length Certification: 840 words. [20-5193] (Blatt, Lisa) [Entered: 12/24/2020 04:33 PM]
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RESPONSE IN OPPOSITION [1877189] to motion to stay [ # 1876693-2 ] filed by Alex M. Azar, II [Service Date: 12/23/2020 by CM/ECF NDA] Length Certification: 1,244 words. [20-5193]--[Edited 12/28/2020 by AH--MODIFIED DOCKET TEXT] (Dixon, Courtney) [Entered: 12/23/2020 05:56 PM]
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MOTION [1876693] to Stay Enforcement of Hospital Price Transparency Rule filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California (Service Date: 12/21/2020 by CM/ECF NDA) Length Certification: 2,425 words. [20-5193] (Blatt, Lisa) [Entered: 12/21/2020 06:34 PM]
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TRANSCRIPT [1869381] of oral argument [20-5193] [Entered: 11/02/2020 03:52 PM]
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NOTICE [1868193] to withdraw attorney Whitney D. Hermandorfer who represented American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California in 20-5193 filed by American Hospital Association, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals, Providence Health System - Southern California and Association of American Medical Colleges [Service Date: 10/26/2020 ] [20-5193] (Hermandorfer, Whitney) [Entered: 10/26/2020 08:24 PM]
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ORAL ARGUMENT HELD before Judges Tatel, Garland and Edwards. [20-5193] [Entered: 10/15/2020 01:02 PM]
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FORM 72 submitted by arguing attorney, Courtney L. Dixon, on behalf of Appellee Alex M. Azar, II (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [20-5193] (Dixon, Courtney) [Entered: 10/02/2020 10:31 AM]
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RESPONSE [1864587] to letter Rule 28j authorities [ # 1864443-2 ], letter [ # 1864443-3 ] filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California [Service Date: 10/02/2020 by CM/ECF NDA] Length Certification: 349 words. [20-5193] (Blatt, Lisa) [Entered: 10/02/2020 03:01 PM]
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FORM 72 submitted by arguing attorney, Lisa S. Blatt, on behalf of Appellants American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Appellee Alex M. Azar, II (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [20-5193] (Blatt, Lisa) [Entered: 10/02/2020 03:04 PM]
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LETTER [1864443] pursuant to FRAP 28j advising of additional authorities filed by Alex M. Azar, II [Service Date: 10/01/2020 ] [20-5193] (Dixon, Courtney) [Entered: 10/01/2020 04:52 PM]
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RESPONSE [1864444] to letter Rule 28j authorities [ # 1863501-2 ], letter [ # 1863501-3 ] filed by Alex M. Azar, II [Service Date: 10/01/2020 by CM/ECF NDA] Length Certification: 297 words. [20-5193] (Dixon, Courtney) [Entered: 10/01/2020 04:54 PM]
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PER CURIAM ORDER [1864450] filed allocating oral argument time as follows: Appellants - 15 Minutes, Appellee - 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 10/08/2020 [20-5193] [Entered: 10/01/2020 05:20 PM]
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RESPONSE [1863500] to letter [ # 1862446-2 ], letter [ # 1862446-3 ] filed by Alex M. Azar, II [Service Date: 09/25/2020 by CM/ECF NDA] Length Certification: 348 words. [20-5193] (Dixon, Courtney) [Entered: 09/25/2020 05:46 PM]
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LETTER [1863501] pursuant to FRAP 28j advising of additional authorities filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California [Service Date: 09/25/2020 ] [20-5193] (Blatt, Lisa) [Entered: 09/25/2020 05:48 PM]
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CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMITS [1863508] for letter [ # 1863501-2 ], letter [ # 1863501-3 ] filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California. [20-5193] (Blatt, Lisa) [Entered: 09/25/2020 06:11 PM]
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LETTER [1862446] pursuant to FRAP 28j advising of additional authorities filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California [Service Date: 09/21/2020 ] [20-5193] (Blatt, Lisa) [Entered: 09/21/2020 10:40 AM]
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APPELLANT REPLY BRIEF [1858858] filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California [Service Date: 08/28/2020 ] Length of Brief: 6,488 Words. [20-5193] (Hermandorfer, Whitney) [Entered: 08/28/2020 01:29 PM]
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AMICUS FOR APPELLEE BRIEF [1857795] filed by Free2Care, Association of Mature American Citizens, Texas Public Policy Foundation, Independent Women's Law Center and PatientRightsAdvocate.org [Service Date: 08/21/2020 ] Length of Brief: 6,488. [20-5193] (Harris, Jeffrey) [Entered: 08/21/2020 05:29 PM]
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NOTICE [1857790] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Free2Care, Association of Mature American Citizens, Texas Public Policy Foundation, Independent Women's Law Center and PatientRightsAdvocate.org [Service Date: 08/21/2020 ] [20-5193]--[Edited 08/25/2020 by AH] (Harris, Jeffrey) [Entered: 08/21/2020 05:09 PM]
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CLERK'S ORDER [1856912] filed granting appellee's unopposed motion to file a supplemental appendix [ # 1856704-2 ]; The Clerk is directed to file the lodged supplemental appendix [ # 1856717-2 ]. [20-5193] [Entered: 08/17/2020 05:07 PM]
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PER ABOVE ORDER lodged supplemental appendix [ # 1856717-2 ] is filed [20-5193] [Entered: 08/17/2020 05:09 PM]
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SUPPLEMENTAL APPENDIX [1856717] lodged by Alex M. Azar, II. [Volumes: 1] [Service Date:08/17/2020 ] [20-5193]--[Edited 08/17/2020 by AH--MODIFIED EVENT FROM FILED TO LODGED] (Dixon, Courtney) [Entered: 08/17/2020 08:54 AM]
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UNOPPOSED MOTION [1856704] to supplement the appendix filed by Alex M. Azar, II [Service Date: 08/14/2020 ] Length Certification: 76 words. [20-5193] (Dixon, Courtney) [Entered: 08/14/2020 06:26 PM]
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APPELLEE BRIEF [1856703] filed by Alex M. Azar, II [Service Date: 08/14/2020 ] Length of Brief: 12,987 words. [20-5193] (Dixon, Courtney) [Entered: 08/14/2020 06:20 PM]
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CLERK'S ORDER [1855415] filed scheduling oral argument on Thursday, 10/15/2020. [20-5193] [Entered: 08/06/2020 02:36 PM]
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LETTER [1855193] advising of arguing counsel's availability for oral argument filed by Alex M. Azar, II [Service Date: 08/05/2020 ] [20-5193] (Dixon, Courtney) [Entered: 08/05/2020 02:47 PM]
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CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1855063] filed by Alex M. Azar, II [Service Date: 08/04/2020 ] [20-5193] (Dixon, Courtney) [Entered: 08/04/2020 05:52 PM]
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CONSENT AMICUS FOR APPELLANT BRIEF [1853331] filed by Forty (40) State Hospital Associations [Service Date: 07/24/2020 ] Length of Brief: 6492 words. [20-5193] (Golder, Chad) [Entered: 07/24/2020 09:40 AM]
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CONSENT NOTICE [1853329] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Forty (40) State Hospital Associations [Service Date: 07/24/2020 ] [20-5193] (Golder, Chad) [Entered: 07/24/2020 09:36 AM]
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CORRECTED AMICUS FOR APPELLANT BRIEF [1853473] filed by The Alaska State Hospital & Nursing Home Association, The Arizona Hospital and Healthcare Association, The Arkansas Hospital Association, The California Hospital Association, The Connecticut Hospital Association, The District of Columbia Hospital Association, Florida Hospital Association, The Georgia Hospital Association, The Healthcare Association of Hawaii, The Illinois Health and Hospital Association, The Iowa Hospital Association, The Kansas Hospital Association, Kentucky Hospital Association, The Louisiana Hospital Association, The Maine Hospital Association, The Massachusetts Health and Hospital Association, Michigan Health & Hospital Association and The Mississippi Hospital Association, The Missouri Hospital Association, The Montana Hospital Association, The Nebraska Hospital Association, The Nevada Hospital Association, The New Hampshire Hospital Association, The New Jersey Hospital Association, The New Mexico Hospital Association, The Healthcare Association of New York State, The Greater New York Hospital Association, The North Carolina Healthcare Association, The North Dakota Hospital Association, The Ohio Hospital Association, The Oregon Association of Hospitals and Health Systems, The Hospital and Healthsystem Association of Pennsylvania, The South Carolina Hospital Association, The South Dakota Association of Healthcare Organizations, Tennessee Hospital Association, The Texas Hospital Association, The Washington State Hospital Association, The West Virginia Hospital Association, The Wisconsin Hospital Association and The Wyoming Hospital Association. [Service Date: 07/24/2020 ] Length of Brief: 6492 Words. [20-5193]--[Edited 07/27/2020 by AH] (Golder, Chad) [Entered: 07/24/2020 03:50 PM]
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AMICUS FOR APPELLANT BRIEF [1853503] filed by The Healthcare Financial Management Association [Service Date: 07/24/2020 ] Length of Brief: 5,305 words. [20-5193] (Shatz, Benjamin) [Entered: 07/24/2020 05:11 PM]
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AMICUS FOR APPELLANT BRIEF [1853512] filed by Chamber of Commerce of the United States of America [Service Date: 07/24/2020 ] Length of Brief: 6,103 Words. [20-5193] (Bucholtz, Jeffrey) [Entered: 07/24/2020 05:53 PM]
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CORRECTED APPELLANT BRIEF [1852359] filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California [Service Date: 07/17/2020 ] Length of Brief: 12,963. [20-5193] (Blatt, Lisa) [Entered: 07/17/2020 06:34 PM]
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APPELLANT BRIEF [1852356] filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California [Service Date: 07/17/2020 ] Length of Brief: 12,963 words. [20-5193] (Blatt, Lisa) [Entered: 07/17/2020 06:06 PM]
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APPENDIX [1852363] filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California. [Volumes: 1] [Service Date: 07/17/2020 ] [20-5193] (Blatt, Lisa) [Entered: 07/17/2020 06:47 PM]
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NOTICE [1851985] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by The Chamber of Commerce of the United States of America [Service Date: 07/16/2020 ] [20-5193]--[Edited 07/17/2020 by TAM] (Bucholtz, Jeffrey) [Entered: 07/16/2020 12:15 PM]
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STATEMENT OF ISSUES [1851702] filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California [Service Date: 07/15/2020 ] [20-5193] (Blatt, Lisa) [Entered: 07/15/2020 10:07 AM]
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STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1851703] filed by American Hospital Association, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals, Providence Health System - Southern California and Association of American Medical Colleges [Service Date: 07/15/2020 ] Intent: AppxNotDeferred [20-5193] (Blatt, Lisa) [Entered: 07/15/2020 10:09 AM]
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TRANSCRIPT STATUS REPORT [1851704] filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California [Service Date: 07/15/2020 ]. Status of Transcripts: Final - All transcripts needed for the appeal have been completed and received. [20-5193] (Blatt, Lisa) [Entered: 07/15/2020 10:10 AM]
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UNDERLYING DECISION IN CASE [1851700] submitted by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California [Service Date: 07/15/2020 ] [20-5193] (Blatt, Lisa) [Entered: 07/15/2020 10:04 AM]
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CLERK'S ORDER [1850211] filed considering appellants' consent motion to set expedited briefing and argument schedule [ # 1850126-2 ]; setting briefing schedule: APPELLANT Brief due 07/17/2020. APPENDIX due 07/17/2020. APPELLEE Brief due on 08/14/2020. APPELLANT Reply Brief due 08/28/2020. [20-5193] [Entered: 07/06/2020 12:16 PM]
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| ENTRY OF APPEARANCE [1850123] filed by Lisa S. Blatt and co-counsel Whitney D. Hermandorfer on behalf of Appellants American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California. [20-5193] (Blatt, Lisa) [Entered: 07/03/2020 03:48 PM] |
| DOCKETING STATEMENT [1850125] filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California [Service Date: 07/03/2020 ] [20-5193] (Blatt, Lisa) [Entered: 07/03/2020 03:51 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1850124] filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California [Service Date: 07/03/2020 ] [20-5193] (Blatt, Lisa) [Entered: 07/03/2020 03:50 PM] |
| UNOPPOSED MOTION [1850126] to expedite case filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California [Service Date: 07/03/2020 ] Length Certification: 906 words. [20-5193] (Blatt, Lisa) [Entered: 07/03/2020 03:57 PM] |
| CLERK'S ORDER [1850008] filed directing party to file initial submissions: APPELLANT docketing statement due 08/03/2020. APPELLANT certificate as to parties due 08/03/2020. APPELLANT statement of issues due 08/03/2020. APPELLANT underlying decision due 08/03/2020. APPELLANT deferred appendix statement due 08/03/2020. APPELLANT entry of appearance due 08/03/2020. APPELLANT transcript status report due 08/03/2020. APPELLANT procedural motions due 08/03/2020. APPELLANT dispositive motions due 08/17/2020; directing party to file initial submissions: APPELLEE certificate as to parties due 08/03/2020. APPELLEE entry of appearance due 08/03/2020. APPELLEE procedural motions due 08/03/2020. APPELLEE dispositive motions due 08/17/2020 [20-5193] [Entered: 07/02/2020 12:55 PM] |
| ENTRY OF APPEARANCE [1850042] filed by Courtney L. Dixon and co-counsel Scott R. McIntosh on behalf of Appellee Alex M. Azar, II. [20-5193] (Dixon, Courtney) [Entered: 07/02/2020 02:33 PM] |
| NOTICE OF APPEAL [1850006] seeking review of a decision by the U.S. District Court in 1:19-cv-03619-CJN filed by American Hospital Association, Association of American Medical Colleges, Bothwell Regional Health Center, Federation of American Hospitals, Memorial Community Hospital and Health System, National Association of Children's Hospitals and Providence Health System - Southern California. Appeal assigned USCA Case Number: 20-5193. [20-5193] [Entered: 07/02/2020 12:54 PM] |
| US CIVIL CASE docketed. [20-5193] [Entered: 07/02/2020 12:52 PM] |
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