9th Cir. 20-15398 Docket
City and County of San Francisco v. Azar
U.S. Court of Appeals for the Ninth Circuit, No. 20-15398
Appealed from N.D. Cal. 3:19-cv-02405
Consolidated with 20-15399, 20-16045 and 20-35044
Argued: Not argued prior to voluntary dismissal
Panel: Marsha S. Berzon, Morgan B. Christen and Bridget S. Bade
| Date Filed | # | Docket Text |
| 03/09/2020 | 1 | DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Alex M. Azar II, Roger T. Severino and U.S. Department of Health and Human Services Mediation Questionnaire due on 03/16/2020. Transcript ordered by 04/06/2020. Transcript due 05/05/2020. Appellants Alex M. Azar II, Roger T. Severino and U.S. Department of Health and Human Services opening brief due 06/15/2020. Appellee City and County of San Francisco answering brief due 07/15/2020. Appellant’s optional reply brief is due 21 days after service of the answering brief. [11622204] (JBS) [Entered: 03/09/2020 09:47 AM] |
| 03/09/2020 | 2 | Filed (ECF) notice of appearance of Sarah Carroll (U.S. Department of Justice, Civil Division, 950 Pennsylvania Ave. NW, Room 7511, Washington, DC 20530) for Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services. Substitution for Attorney Vinita Andrapalliyal for Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services. Date of service: 03/09/2020. (Party was previously proceeding with counsel.) [11623017] [20-15398] (Carroll, Sarah) [Entered: 03/09/2020 01:45 PM] |
| 03/09/2020 | 3 | Attorney Vinita Andrapalliyal in 20-15398 substituted by Attorney Sarah W. Carroll in 20-15398 [11623030] (NAC) [Entered: 03/09/2020 01:48 PM] |
| 03/11/2020 | 4 | Filed (ECF) notice of appearance of Leif Eric Overvold (U.S. Department of Justice, 950 Pennsylvania Ave., NW, Room 7226, Washington, DC 20530) for Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services. Date of service: 03/11/2020. (Party was previously proceeding with counsel.) [11625701] [20-15398] (Overvold, Leif) [Entered: 03/11/2020 08:14 AM] |
| 03/11/2020 | 5 | Added Attorney(s) Leif Eric Overvold for party(s) Appellant Alex M. Azar II Appellant Roger T. Severino Appellant U.S. Department of Health and Human Services, in case 20-15398. [11625708] (NAC) [Entered: 03/11/2020 08:17 AM] |
| 03/16/2020 | 6 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services Mediation Questionnaire. Date of service: 03/16/2020. [11630366] [20-15398] (Carroll, Sarah) [Entered: 03/16/2020 06:32 AM] |
| 03/16/2020 | 7 | The Mediation Questionnaire for this case was filed on 03/16/2020. 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.[11630368]. [20-15398] (AD) [Entered: 03/16/2020 06:44 AM] |
| 03/20/2020 | 8 | MEDIATION CONFERENCE SCHEDULED – DIAL-IN AssessmentConference, 04/29/2020, 11:00 a.m.,PACIFIC Time. The briefing schedules previously set by the court remain in effect. See order for instructions and details. [11637186] [20-15398, 20-15399] (VS) [Entered: 03/20/2020 03:23 PM] |
| 04/08/2020 | 9 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services Unopposed Motion to consolidate cases 20-35044, 20-15398, 20-15399. Date of service: 04/08/2020. [11654892] [20-15398] (Carroll, Sarah) [Entered: 04/08/2020 06:18 AM] |
| 04/29/2020 | 10 | MEDIATION ORDER FILED: These cases are RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator by email should circumstances develop that warrant settlement discussions while the appeal is pending. [11675599] [20-15398, 20-15399] (VS) [Entered: 04/29/2020 12:10 PM] |
| 05/08/2020 | 11 | Filed clerk order (Deputy Clerk: KWH): The unopposed motions to consolidate these three appeals (Docket Entry No. [9] in 20-15398; Docket Entry No. [11654893-2] in 20-15399; Docket Entry No. [11654890-2] in No. 20-35044) are granted. The following brief schedule shall govern these consolidated appeals: Appellants’ consolidated opening brief and excerpts of record are due June 15, 2020. Appellees’ briefs are due July 15, 2020. Appellants’ consolidated optional reply brief shall be filed within 21 days of service of the appellees’ briefs. Appellee Trust Women Seattle’s motion to dismiss (Docket Entry No. [11649204-2] , in No. 20-15399) will be addressed by separate order. [11685583] [20-15398, 20-15399, 20-35044] (RT) [Entered: 05/08/2020 04:33 PM] |
| 06/01/2020 | 12 | Filed order (BARRY G. SILVERMAN, CONSUELO M. CALLAHAN and JACQUELINE H. NGUYEN): Appellee Trust Women Seattle’s motion to dismiss it from this appeal (Docket Entry No. [11649204-2] in No. 20-15399) is granted. Trust Women Seattle’s cessation of business activities moots its claims brought in this action. [11707348] [20-15398, 20-15399, 20-35044] (AF) [Entered: 06/01/2020 04:32 PM] |
| 06/01/2020 | 13 | Terminated Appellee Trust Women Seattle in 20-15399 [11707364] [20-15398, 20-15399, 20-35044] (AF) [Entered: 06/01/2020 04:37 PM] |
| 06/03/2020 | 14 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-35044 Unopposed Motion to consolidate cases 20-15398, 20-15399, 20-16045, 20-35044. Date of service: 06/03/2020. [11710375] [20-15398, 20-15399, 20-35044] (Overvold, Leif) [Entered: 06/03/2020 06:27 PM] |
| 06/15/2020 | 15 | Submitted (ECF) Opening Brief for review. Submitted by Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-35044. Date of service: 06/15/2020. [11722646] [20-15398, 20-15399, 20-35044] (Overvold, Leif) [Entered: 06/15/2020 06:46 PM] |
| 06/15/2020 | 16 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-35044 Unopposed Motion to file oversized brief. Date of service: 06/15/2020. [11722650] [20-15398, 20-15399, 20-35044] (Overvold, Leif) [Entered: 06/15/2020 06:50 PM] |
| 06/15/2020 | 17 | Submitted (ECF) excerpts of record. Submitted by Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-35044. Date of service: 06/15/2020. [11722653] [20-15398, 20-15399, 20-35044] (Overvold, Leif) [Entered: 06/15/2020 06:57 PM] |
| 06/16/2020 | 18 | Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee City and County of San Francisco in 20-15398. New requested due date is 08/14/2020. [11724188] [20-15398, 20-15399, 20-35044] (Huling Delaye, Jaime) [Entered: 06/16/2020 05:14 PM] |
| 06/17/2020 | 19 | Streamlined request [18] by Appellee City and County of San Francisco in 20-15398 to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is stayed. See 9th Cir. R. 32-2. [11724338] [20-15398, 20-15399, 20-35044] (JN) [Entered: 06/17/2020 07:37 AM] |
| 06/22/2020 | 20 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by First Liberty Institute. Date of service: 06/22/2020. [11728661] [20-15398, 20-15399, 20-35044]–[COURT UPDATE: Attached corrected PDF of the brief. 06/22/2020 by KWG] (Harris, Jeffrey) [Entered: 06/22/2020 08:26 AM] |
| 06/22/2020 | 21 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by American Association of Pro-Life Obstetricians & Gynecologists, American College of Pediatricians, Catholic Medical Association, National Catholic Bioethics Center, & National Association of Catholic Nurses, USA. Date of service: 06/22/2020. [11728714] [20-15398, 20-15399, 20-35044] (Gray, Rory) [Entered: 06/22/2020 09:04 AM] |
| 06/22/2020 | 22 | Entered appearance of Amicus Curiae American Association of Pro-Life Obstetricians & Gynecologists, et al. [11728831] [20-15398, 20-15399, 20-35044] (KWG) [Entered: 06/22/2020 09:43 AM] |
| 06/22/2020 | 23 | Filed clerk order: The amicus brief [21] submitted by American Association of Pro-Life Obstetricians & Gynecologists, et al. is filed. No paper copies are required at this time. [11728834] [20-15398, 20-15399, 20-35044] (KWG) [Entered: 06/22/2020 09:44 AM] |
| 06/22/2020 | 24 | Entered appearance of Amicus Curiae First Liberty Institute. [11729111] [20-15398, 20-15399, 20-35044] (KWG) [Entered: 06/22/2020 11:50 AM] |
| 06/22/2020 | 25 | Filed clerk order: The amicus brief [20] submitted by First Liberty Institute is filed. No paper copies are required at this time. [11729116] [20-15398, 20-15399, 20-35044] (KWG) [Entered: 06/22/2020 11:52 AM] |
| 06/22/2020 | 26 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Public Advocate of the US, Pro Life Legal Defense Fund, U.S. Constitutional Rights Legal Defense Fund, California Constitutional Rights Fndn, Eagle Forum, Eagle Forum Foundation, One Nation Under God Foundation, and Conservative Legal Defense and Edu Fund. Date of service: 06/22/2020. [11729955] [20-15398, 20-15399, 20-35044] (Titus, Herbert) [Entered: 06/22/2020 05:56 PM] |
| 06/23/2020 | 27 | Entered appearance of Amicus Curiae Public Advocate of the US, et al. [11730549] [20-15398, 20-15399, 20-35044] (KWG) [Entered: 06/23/2020 11:15 AM] |
| 06/23/2020 | 28 | Filed clerk order: The amicus brief [26] submitted by Public Advocate of the US, et al. is filed. No paper copies are required at this time. [11730553] [20-15398, 20-15399, 20-35044] (KWG) [Entered: 06/23/2020 11:15 AM] |
| 07/07/2020 | 29 | Filed clerk order (Deputy Clerk: KWH): Appellant’s unopposed motion to consolidate State of California v. Azar, No. 20-16045, with the previously consolidated appeals (Docket Entry No. [1171037-2] in 20-15398; Docket Entry No. [14] in No. 20-15399; Docket Entry No. [11710380-2] in No. 20- 16045; and Docket Entry No. [14] in No. 20-35044) is granted. Appellant’s unopposed motion to file an oversized opening brief (Docket Entry No. [16] in 20-15398; Docket Entry No. [16] in 20-15399; Docket Entry No. [11722658-3] in No. 20-16045; and Docket Entry No. [16] in No. 20-35044) is granted. The Clerk shall file the consolidated opening brief received on June 15, 2020. Appellees’ briefs are due July 15, 2020. Appellants’ consolidated optional reply brief shall be filed within 21 days of service of the appellees’ briefs. [11744274] [20-15398, 20-15399, 20-16045, 20-35044] (RT) [Entered: 07/07/2020 11:38 AM] |
| 07/07/2020 | 30 | Filed clerk order: The opening brief [15] submitted by Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services 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 Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services 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. [11744313] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/07/2020 11:52 AM] |
| 07/07/2020 | 31 | Filed clerk order: The opening brief [11722655-2] submitted by Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services 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 [11722660-2] submitted by Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services 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. [11744317] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/07/2020 11:54 AM] |
| 07/07/2020 | 32 |
Filed clerk order: The Court previously filed the briefs [20], [21], [11728736-2], [26] submitted by Amici Curiae.
Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court’s website at http://www.ca9.uscourts.gov/forms/form18.pdf.
The covers of the amicus briefs must be green.
The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11744324] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/07/2020 11:55 AM] |
| 07/07/2020 | 33 | Filed (ECF) notice of appearance of Lauryn K. Fraas (Washington State Attorney General’s Office 800 Fifth Avenue, Suite 2000, Seattle WA 98104-3180) for Appellee State of Washington in 20-35044. Date of service: 07/07/2020. (Party was previously proceeding with counsel.) [11744777] [20-35044, 20-15398, 20-15399, 20-16045] (Fraas, Lauryn) [Entered: 07/07/2020 02:38 PM] |
| 07/07/2020 | 34 | Added Attorney(s) Lauryn K. Fraas for party(s) Appellee State of Washington, in case 20-35044. [11744797] [20-15398, 20-15399, 20-16045, 20-35044] (NAC) [Entered: 07/07/2020 02:41 PM] |
| 07/07/2020 | 35 | Filed clerk order (Deputy Clerk: KWG): The portion of the order [31] requesting paper copies of the opening brief [11722655-2] and excerpts [11722660-2] was entered in error and is vacated. No paper copies of the opening brief or excerpts filed in No. 20-16045 are required. [11744985] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/07/2020 03:43 PM] |
| 07/08/2020 | 36 | Filed (ECF) Appellee City and County of San Francisco in 20-15398 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746436] [20-15398, 20-15399, 20-16045, 20-35044] (Huling Delaye, Jaime) [Entered: 07/08/2020 03:40 PM] |
| 07/08/2020 | 37 | Filed (ECF) Appellee State of California in 20-16045 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746576] [20-16045, 20-15398, 20-15399, 20-35044] (Palma, Neli) [Entered: 07/08/2020 04:41 PM] |
| 07/08/2020 | 38 | Filed (ECF) Appellee State of Washington in 20-35044 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746618] [20-35044, 20-15398, 20-15399, 20-16045] (Fraas, Lauryn) [Entered: 07/08/2020 05:13 PM] |
| 07/08/2020 | 39 | Filed (ECF) Appellees County of Santa Clara, Los Angeles LGBT Center, Whitman-Walker Clinic, Inc., Bradbury-Sullivan LGBT Community Center, Center On Halsted, Hartford Gyn Center, Mazzoni Center, Medical Students For Choice, AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Colleen McNicholas, Robert Bolan, Ward Carpenter, Sarah Henn and Randy Pumphrey in 20-15399 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746641] [20-15398, 20-15399, 20-16045, 20-35044] (Nemetz, Miriam) [Entered: 07/08/2020 05:34 PM] |
| 07/13/2020 | 40 | Received 3 paper copies of excerpts of record [17] in 2 volume(s) filed by Appellants. [11750821] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/13/2020 02:10 PM] |
| 07/13/2020 | 41 | Received 6 paper copies of Amicus Brief [26] filed by Public Advocate of the US, et al. [11751315] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/13/2020 04:37 PM] |
| 07/14/2020 | 42 | Received 6 paper copies of Opening Brief [15] filed by Alex M. Azar, II, et al. [11751984] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/14/2020 09:47 AM] |
| 07/21/2020 | 43 | Filed clerk order (Deputy Clerk: LKK): Appellees’ motions (Docket Entry Nos. [36] , [37] , [38] & [39] ) for extensions of time to file the answering briefs are granted. The answering briefs are due October 13, 2020. The optional consolidated reply brief is due within 21 days after service of the last-served answering brief. [11761113] [20-15398, 20-15399, 20-16045, 20-35044] (RT) [Entered: 07/21/2020 04:31 PM] |
| 10/07/2020 | 44 | Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Jamie A. Gliksberg for Appellees AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Robert Bolan, Bradbury-Sullivan LGBT Community Center, Ward Carpenter, Center On Halsted, County of Santa Clara, Hartford Gyn Center, Sarah Henn, Los Angeles LGBT Center, Mazzoni Center, Colleen McNicholas, Medical Students For Choice, Randy Pumphrey and Whitman-Walker Clinic, Inc. in 20-15399. Party proceeding without counsel: No. Date of service: 10/07/2020. [11850468] [20-15399, 20-15398, 20-16045, 20-35044] (Gliksberg, Jamie) [Entered: 10/07/2020 10:39 AM] |
| 10/07/2020 | 45 | Terminated Jamie A. Gliksberg for AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Robert Bolan, Bradbury-Sullivan LGBT Community Center, Ward Carpenter, Center On Halsted, County of Santa Clara, Hartford Gyn Center, Sarah Henn, Los Angeles LGBT Center, Mazzoni Center, Colleen McNicholas, Medical Students For Choice, Randy Pumphrey and Whitman-Walker Clinic, Inc. in 20-15399 [11850473] [20-15398, 20-15399, 20-16045, 20-35044] (NAC) [Entered: 10/07/2020 10:41 AM] |
| 10/12/2020 | 46 | Submitted (ECF) supplemental excerpts of record. Submitted by Appellee City and County of San Francisco in 20-15398, Appellees AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Robert Bolan, Bradbury-Sullivan LGBT Community Center, Ward Carpenter, Center On Halsted, County of Santa Clara, Hartford Gyn Center, Sarah Henn, Los Angeles LGBT Center, Mazzoni Center, Colleen McNicholas, Medical Students For Choice and Randy Pumphrey in 20-15399. Date of service: 10/12/2020. [11855269] [20-16045, 20-15398, 20-15399, 20-35044] (Palma, Neli) [Entered: 10/12/2020 05:35 PM] |
| 10/13/2020 | 47 | Submitted (ECF) Answering Brief for review. Submitted by Appellee State of California in 20-16045. Date of service: 10/13/2020. [11856249] [20-16045, 20-15398, 20-15399, 20-35044] (Palma, Neli) [Entered: 10/13/2020 12:56 PM] |
| 10/13/2020 | 48 | Submitted (ECF) Answering Brief for review. Submitted by Appellee City and County of San Francisco in 20-15398. Date of service: 10/13/2020. [11856878] [20-15398, 20-15399, 20-16045, 20-35044] (Eisenberg, Sara) [Entered: 10/13/2020 03:51 PM] |
| 10/13/2020 | 49 |
Filed clerk order: The answering brief [47] submitted by Appellee State of California is filed. The answering brief [48] submitted by Appellee City and County of San Francisco is filed.
The supplemental excerpts of record [46] submitted by Appellees City and County of San Francisco; et al., are filed.The Court previously filed the amicus brief [20] submitted by First Liberty Institute and the amici briefs [21], [11728736-2] submitted by Amici Curiae American Association of Pro-Life Obstetricians & Gynecologists; et al.
Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court’s website at http://www.ca9.uscourts.gov/forms/form18.pdf.
The covers of the answering briefs must be red.
Within 7 days of this order, the filer of each set of excerpts of record is ordered to file 3 copies of that set of 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. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11857152] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/13/2020 04:57 PM] |
| 10/13/2020 | 50 | Submitted (ECF) Answering Brief for review. Submitted by Appellee State of Washington in 20-35044. Date of service: 10/13/2020. [11857271] [20-35044, 20-15398, 20-15399, 20-16045] (Sprung, Jeffrey) [Entered: 10/13/2020 05:47 PM] |
| 10/13/2020 | 51 | Submitted (ECF) Answering Brief for review. Submitted by Appellees County of Santa Clara, Los Angeles LGBT Center, Whitman-Walker Clinic, Inc., Bradbury-Sullivan LGBT Community Center, Center On Halsted, Hartford Gyn Center, Mazzoni Center, Medical Students For Choice, AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Colleen McNicholas, Robert Bolan, Ward Carpenter, Sarah Henn and Randy Pumphrey in 20-15399. Date of service: 10/13/2020. [11857382] [20-15399, 20-15398, 20-16045, 20-35044] (Saharsky, Nicole) [Entered: 10/13/2020 08:21 PM] |
| 10/14/2020 | 52 | Filed clerk order: The answering brief [50] submitted by State of Washington is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [11859085] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/14/2020 04:54 PM] |
| 10/14/2020 | 53 | Filed clerk order: The answering brief [51] submitted by County of Santa Clara; et al., is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [11859111] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/14/2020 05:01 PM] |
| 10/16/2020 | 54 | Received 6 paper copies of Answering Brief [47] filed by State of California. [11862402] [20-15398, 20-15399, 20-16045, 20-35044] (SD) [Entered: 10/16/2020 04:14 PM] |
| 10/16/2020 | 55 | Received 6 paper copies of Answering Brief [48] filed by City and County of San Francisco. [11862519] [20-15398, 20-15399, 20-16045, 20-35044] (SD) [Entered: 10/16/2020 04:45 PM] |
| 10/16/2020 | 56 | Received 3 paper copies of supplemental excerpts of record [46] in 10 volume(s) filed by Appellees. [11862618] [20-15398, 20-15399, 20-16045, 20-35044] (LA) [Entered: 10/16/2020 05:15 PM] |
| 10/19/2020 | 57 | Received 6 paper copies of Answering Brief [50] filed by State of Washington. [11863433] [20-15398, 20-15399, 20-16045, 20-35044] (SD) [Entered: 10/19/2020 11:05 AM] |
| 10/19/2020 | 58 | Received 6 paper copies of Answering Brief [51] filed by County of Santa Clara, et al. [11864358] [20-15398, 20-15399, 20-16045, 20-35044] (SD) [Entered: 10/19/2020 04:13 PM] |
| 10/20/2020 | 59 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Institute for Policy Integrity at New York University School of Law. Date of service: 10/20/2020. [11864827] [20-15398, 20-15399, 20-16045, 20-35044] (Revesz, Richard) [Entered: 10/20/2020 07:46 AM] |
| 10/20/2020 | 60 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Center for Lesbian Rights and 27 Nonprofit Organizations. Date of service: 10/20/2020. [11865048] [20-15398, 20-15399, 20-16045, 20-35044] (Wilensky, Julie) [Entered: 10/20/2020 09:51 AM] |
| 10/20/2020 | 61 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by 158 Current Members of Congress. Date of service: 10/20/2020. [11865153] [20-15398, 20-15399, 20-16045, 20-35044] (Sutherland, Brian) [Entered: 10/20/2020 10:19 AM] |
| 10/20/2020 | 62 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The American Public Health Association and Experts in Public Health. Date of service: 10/20/2020. [11865680] [20-15398, 20-15399, 20-16045, 20-35044]–[COURT UPDATE: Attached corrected brief and updated entry to correct party name. 10/22/2020 by SML] (Bruno, Leah) [Entered: 10/20/2020 01:49 PM] |
| 10/20/2020 | 63 | Entered appearance of Amici Curiae Institute for Policy Integrity at New York University School of Law, NCLR, 27 Nonprofit Organizations and 158 Current Members of Congress. [11865693] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/20/2020 01:55 PM] |
| 10/20/2020 | 64 | Entered appearance of Amici Curiae American Public Health Association and Experts in Public Health. [11865699] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/20/2020 01:58 PM] |
| 10/20/2020 | 65 | Terminated Amicus Curiae American Public Health Association, entered in error. [11865726] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/20/2020 02:08 PM] |
| 10/20/2020 | 66 | Entered appearance of Amicus Curiae American Public Health Organization. [11865729] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/20/2020 02:10 PM] |
| 10/20/2020 | 67 |
Filed clerk order: The amicus brief [59] submitted by Institute for Policy Integrity at New York University School of Law is filed. The amicus brief [60] submitted by NCLR and 27 Nonprofit Organizations is filed. The amicus brief [61] submitted by 158 Current Members of Congress is filed. The amicus brief [62] submitted by American Public Health Organization and Experts in Public Health is filed.
Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court’s website at http://www.ca9.uscourts.gov/forms/form18.pdf.
The covers of the amici briefs must be green.
The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11865741] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/20/2020 02:14 PM] |
| 10/20/2020 | 68 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Scholars of the LGBT Population. Date of service: 10/20/2020. [11865910] [20-15398, 20-15399, 20-16045, 20-35044]–[COURT UPDATE: Updated entry to correct the amicus party name. 10/21/2020 by SML] (Hill, Tasha) [Entered: 10/20/2020 03:10 PM] |
| 10/20/2020 | 69 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Leading Medical Organizations. Date of service: 10/20/2020. [11866271] [20-15398, 20-15399, 20-16045, 20-35044]–[COURT UPDATE: Attached corrected brief and updated entry to reflect the parties have consented to the filing of this brief, and to update the party name to match the cover of the brief. 10/28/2020 by SML] (Selden, Shannon) [Entered: 10/20/2020 05:31 PM] |
| 10/20/2020 | 70 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by New York, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Wisconsin, and Dist. of Columbia. Date of service: 10/20/2020. [11866283] [20-16045, 20-15398, 20-15399, 20-35044] (Fang, Linda) [Entered: 10/20/2020 05:41 PM] |
| 10/20/2020 | 71 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Rachael Lorenzo, Mindy Swank and Meghan Eagen in Support of Appellees. Date of service: 10/20/2020. [11866331] [20-15398, 20-15399, 20-16045, 20-35044] (Miller, Pamela) [Entered: 10/20/2020 08:37 PM] |
| 10/20/2020 | 72 | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Local Governments. Date of service: 10/20/2020. [11866332] [20-15398, 20-15399, 20-16045, 20-35044] (Pritt, Maxwell) [Entered: 10/20/2020 08:38 PM] |
| 10/20/2020 | 73 | Entered appearance of Amicus Curiae States of New York; et al. [11866682] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/21/2020 10:17 AM] |
| 10/21/2020 | 74 | Entered appearance of Amici Curiae Rachael Lorenzo, Mindy Swank and Meghan Eagen. [11866733] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/21/2020 10:41 AM] |
| 10/21/2020 | 75 | Entered appearance of Amicus Curiae Local Governments. [11866740] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/21/2020 10:44 AM] |
| 10/21/2020 | 76 |
Filed clerk order: The answering brief [70] submitted by States of New York; et al., is filed. The amicus brief [71] submitted by Rachael Lorenzo, Mindy Swank and Meghan Eagen is filed. The amicus brief [72] submitted by Local Governments is filed.
Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court’s website at http://www.ca9.uscourts.gov/forms/form18.pdf.
The covers of the amicus briefs must be green.
The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11866754] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/21/2020 10:49 AM] |
| 10/21/2020 | 77 | Entered appearance of Amicus Curiae Scholars of the LGBT Population. [11867707] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/21/2020 04:28 PM] |
| 10/21/2020 | 78 | Filed clerk order: The amicus brief [68] submitted by Scholars of the LGBT Population 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11867709] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/21/2020 04:29 PM] |
| 10/22/2020 | 79 |
This case is being considered for an upcoming oral argument calendar in San Francisco.
Please review the San Francisco sitting dates for February 2021 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 immediately 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 immediately, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation). [11868248] [20-15398, 20-15399, 20-16045, 20-35044] (KS) [Entered: 10/22/2020 10:14 AM] |
| 10/22/2020 | 80 | Terminated Amicus Curiae American Public Health Organization. [11868603] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/22/2020 12:52 PM] |
| 10/22/2020 | 81 | Received 6 paper copies of Amicus Brief [61] filed by 158 Current Members of Congress. [11869962] [20-15398, 20-15399, 20-16045, 20-35044] (SD) [Entered: 10/23/2020 12:21 PM] |
| 10/23/2020 | 82 | Received 6 paper copies of Amicus Brief [62] filed by American Public Health Association and Experts in Public Health. [11869964] [20-15398, 20-15399, 20-16045, 20-35044] (SD) [Entered: 10/23/2020 12:25 PM] |
| 10/23/2020 | 83 | Received 6 paper copies of Amicus Brief [71] filed by Rachael Lorenzo, Mindy Swank and Meghan Eagen. [11869969] [20-15398, 20-15399, 20-16045, 20-35044] (SD) [Entered: 10/23/2020 12:29 PM] |
| 10/23/2020 | 84 | Received 6 paper copies of Amicus Brief [72] filed by Local Governments. [11869973] [20-15398, 20-15399, 20-16045, 20-35044] (SD) [Entered: 10/23/2020 12:32 PM] |
| 10/23/2020 | 85 | Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044. New requested due date is 12/03/2020. [11870027] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif) [Entered: 10/23/2020 01:01 PM] |
| 10/23/2020 | 86 | Streamlined request [85] by Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-35044, Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, 20-15399, 20-16045 to extend time to file the brief is approved. Amended briefing schedule: The optional consolidated reply brief is due 12/03/2020. [11870099] [20-35044, 20-15398, 20-15399, 20-16045] (BG) [Entered: 10/23/2020 01:30 PM] |
| 10/26/2020 | 87 | Filed (ECF) Attorney Jeffrey T. Sprung for Appellee State of Washington in 20-35044 response to notice for case being considered for oral argument. Date of service: 10/26/2020. [11871154] [20-15398, 20-15399, 20-16045, 20-35044] (Sprung, Jeffrey) [Entered: 10/26/2020 09:27 AM] |
| 10/26/2020 | 88 | STRICKEN PER ORDER [89]. Filed clerk order (Deputy Clerk: SSR): The motion of the American College of Obstetricians and Gynecologists, et al., for leave to file an amicus curiae brief (Docket Entry No. [69] ) and any responses are referred for resolution to the panel that will consider the merits of the case. Within 7 days after the date of this order, amici curiae are ordered to file 6 copies of the brief in paper format, with a green cover, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the court’s website at http://www.ca9.uscourts.gov/forms/. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11871536] [20-15398, 20-15399, 20-16045, 20-35044] (RT) [Entered: 10/26/2020 12:22 PM] |
| 10/26/2020 | 93 | Received 6 paper copies of Amicus Brief [70] filed by States of New York; et al. [11879970] [20-15398, 20-15399, 20-16045, 20-35044] (DB) [Entered: 11/03/2020 08:48 AM] |
| 10/26/2020 | 94 | Received 6 paper copies of Amicus Brief [68] filed by Scholars of the LGBT Population. [11879990] [20-15398, 20-15399, 20-16045, 20-35044] (DB) [Entered: 11/03/2020 08:55 AM] |
| 10/27/2020 | 89 | Filed clerk order (Deputy Clerk: SSR): The October 26, 2020 order is vacated as issued in error and will be stricken. [11873634] [20-15398, 20-15399, 20-16045, 20-35044] (RY) [Entered: 10/27/2020 05:26 PM] |
| 10/27/2020 | 95 | Received 6 paper copies of Amicus Brief [60] filed by NCLR and 27 Nonprofit Organizations. [11880003] [20-15398, 20-15399, 20-16045, 20-35044] (DB) [Entered: 11/03/2020 08:59 AM] |
| 10/28/2020 | 90 | Entered appearance of Amicus Curiae Leading Medical Organizations. [11873948] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/28/2020 09:48 AM] |
| 10/28/2020 | 91 | Filed clerk order: The amicus brief [69] submitted by Leading Medical Organizations 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: green. The paper copies shall be submitted to the principal office of the Clerk. [11873955] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/28/2020 09:51 AM] |
| 10/30/2020 | 92 | Received 6 paper copies of Amicus Brief [69] filed by Leading Medical Organizations. [11878968] [20-15398, 20-15399, 20-16045, 20-35044] (SD) [Entered: 11/02/2020 01:22 PM] |
| 10/30/2020 | 97 | Received 6 paper copies of Amicus Brief [21] filed by American Association of Pro-Life Obstetricians & Gynecologists, et al. [11880725] [20-15398, 20-15399, 20-16045, 20-35044] (SD) [Entered: 11/03/2020 02:05 PM] |
| 11/03/2020 | 96 | Received 6 paper copies of Amicus Brief [59] filed by Institute for Policy Integrity at New York University School of Law. [11880007] [20-15398, 20-15399, 20-16045, 20-35044] (DB) [Entered: 11/03/2020 09:01 AM] |
| 11/09/2020 | 98 | Filed (ECF) notice of appearance of Jack Henry Lienke (Institute for Policy Integrity at New York University School of Law, 139 MacDougal Street, 3rd Floor, New York, NY 10012) for Amicus Curiae Institute for Policy Integrity at New York University School of Law in 20-15398, 20-15399, 20-16045, 20-35044. Date of service: 11/09/2020. (Party was previously proceeding with counsel.) [11885908] [20-15398, 20-15399, 20-16045, 20-35044] (Lienke, Jack) [Entered: 11/09/2020 09:37 AM] |
| 11/09/2020 | 99 | Added Attorney(s) Jack Lienke for party(s) Amicus Curiae Institute for Policy Integrity at New York University School of Law, in case 20-15398 Attorney(s) Jack Lienke for party(s) Amicus Curiae Institute for Policy Integrity at New York University School of Law, in case 20-16045 Attorney(s) Jack Lienke for party(s) Amicus Curiae Institute for Policy Integrity at New York University School of Law, in case 20-35044 Attorney(s) Jack Lienke for party(s) Amicus Curiae Institute for Policy Integrity at New York University School of Law, in case 20-15399. [11886017] [20-15398, 20-15399, 20-16045, 20-35044] (NAC) [Entered: 11/09/2020 10:05 AM] |
| 11/29/2020 | 100 | Notice of Oral Argument on Monday, February 8, 2021 – 09:30 A.M. – Courtroom 3 – Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote.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, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk’s Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance.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 21 days before Monday, February 8, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11908377]. [20-15398, 20-15399, 20-16045, 20-35044] (AW) [Entered: 11/29/2020 06:12 AM] |
| 12/03/2020 | 101 | Submitted (ECF) Reply Brief for review. Submitted by Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044. Date of service: 12/03/2020. [11914286] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif) [Entered: 12/03/2020 02:33 PM] |
| 12/03/2020 | 102 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044 Unopposed Motion to file oversized brief. Date of service: 12/03/2020. [11914305] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif) [Entered: 12/03/2020 02:40 PM] |
| 12/07/2020 | 103 | Filed text clerk order (Deputy Clerk: OC): Appellants’ unopposed motion [102] to file an oversized brief, is granted. [11917155] [20-15398, 20-15399, 20-16045, 20-35044] (OC) [Entered: 12/07/2020 01:24 PM] |
| 12/07/2020 | 104 | Filed clerk order: The reply brief [101] 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. [11917779] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 12/07/2020 04:59 PM] |
| 12/09/2020 | 105 | Received 6 paper copies of Reply Brief [101] filed by appellants. (sent to panel) [11920700] [20-15398, 20-15399, 20-16045, 20-35044] (SD) [Entered: 12/09/2020 02:32 PM] |
| 12/17/2020 | 106 | Notice of Oral Argument on Monday, February 8, 2021 – 1:00 P.M. – Courtroom 3 – Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote.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, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk’s Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance.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 21 days before Monday, February 8, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11932153]. [20-15398, 20-15399, 20-16045, 20-35044] (AW) [Entered: 12/17/2020 05:10 PM] |
| 01/12/2021 | 107 | Filed (ECF) Acknowledgment of hearing notice by Attorney Nicole A. Saharsky for Appellees County of Santa Clara, Los Angeles LGBT Center, Whitman-Walker Clinic, Inc., Bradbury-Sullivan LGBT Community Center, Center On Halsted, Hartford Gyn Center, Mazzoni Center, Medical Students For Choice, AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Colleen McNicholas, Robert Bolan, Ward Carpenter, Sarah Henn and Randy Pumphrey in 20-15399. Hearing in San Francisco on 02/08/2021 at 1:00 P.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/12/2021. [11960652] [20-15398, 20-15399, 20-16045, 20-35044] (Saharsky, Nicole) [Entered: 01/12/2021 11:25 AM] |
| 01/14/2021 | 108 | Filed (ECF) Acknowledgment of hearing notice by Attorney Sarah W. Carroll for Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Attorney Sarah W. Carroll for Appellants U.S. Department of Health and Human Services and Alex M. Azar, II in 20-15399, Attorney Sarah W. Carroll for Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-16045, 20-35044. Hearing in San Francisco on 02/08/2021 at 1:00 P.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/14/2021. [11963227] [20-15398, 20-15399, 20-16045, 20-35044] (Carroll, Sarah) [Entered: 01/14/2021 08:13 AM] |
| 01/28/2021 | 109 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044 Joint Motion to reschedule oral argument, Motion to stay appellate proceedings. Date of service: 01/28/2021. [11984678] [20-15398, 20-15399, 20-16045, 20-35044] (Carroll, Sarah) [Entered: 01/28/2021 12:28 PM] |
| 01/29/2021 | 110 | Filed clerk order (Deputy Clerk: OC): The joint motion to remove the above-captioned cases from the oral argument calendar is GRANTED. These cases shall be removed from the February 8, 2021 calendar in San Francisco. The parties shall provide the Court within sixty days a status report as to whether the appeal will continue to be prosecuted. [11985634] [20-15398, 20-15399, 20-16045, 20-35044] (OC) [Entered: 01/29/2021 08:52 AM] |
| 01/29/2021 | 111 | Case came on for submission before MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE SUBMISSION DEFERRED. [11985893] [20-15398, 20-15399, 20-16045, 20-35044] (KJC) [Entered: 01/29/2021 10:41 AM] |
| 03/30/2021 | 112 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 01/29/2021). Date of service: 03/30/2021 [12058214] [20-15398, 20-15399, 20-16045, 20-35044] (Carroll, Sarah) [Entered: 03/30/2021 12:21 PM |
| 03/31/2021 | 113 | Filed clerk order (Deputy Clerk: OC): The government’s request that this appeal remain in abeyance is GRANTED. The parties shall provide the Court by June 1, 2021 with a status report as to whether the appeal will continue to be prosecuted. [12059495] [20-15398, 20-15399, 20-16045, 20-35044] (OC) [Entered: 03/31/2021 12:12 PM] |
| 04/01/2021 | 114 | Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Andrew Tauber for Appellees AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Robert Bolan, Bradbury-Sullivan LGBT Community Center, Ward Carpenter, Center On Halsted, County of Santa Clara, Hartford Gyn Center, Sarah Henn, Los Angeles LGBT Center, Mazzoni Center, Colleen McNicholas, Medical Students For Choice, Randy Pumphrey and Whitman-Walker Clinic, Inc. in 20-15399. Party proceeding without counsel: No. Date of service: 04/01/2021. [12060298] [20-15399, 20-15398, 20-16045, 20-35044] (Tauber, Andrew) [Entered: 04/01/2021 08:23 AM] |
| 04/01/2021 | 115 | Terminated Andrew Tauber for AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Robert Bolan, Bradbury-Sullivan LGBT Community Center, Ward Carpenter, Center On Halsted, County of Santa Clara, Hartford Gyn Center, Sarah Henn, Los Angeles LGBT Center, Mazzoni Center, Colleen McNicholas, Medical Students For Choice, Randy Pumphrey and Whitman-Walker Clinic, Inc. in 20-15399 [12060301] [20-15398, 20-15399, 20-16045, 20-35044] (NAC) [Entered: 04/01/2021 08:26 AM] |
| 06/01/2021 | 116 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 03/31/2021). Date of service: 06/01/2021 [12129187] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif) [Entered: 06/01/2021 09:40 AM] |
| 06/02/2021 | 117 | Filed clerk order (Deputy Clerk: OC): The government’s motion to keep the above-captioned cases in abeyance for a further sixty days is GRANTED. The parties shall provide the Court by August 2, 2021 a status report as to whether the appeal will continue to be prosecuted. [12130788] [20-15398, 20-15399, 20-16045, 20-35044] (OC) [Entered: 06/02/2021 09:50 AM] |
| 08/02/2021 | 118 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 06/02/2021). Date of service: 08/02/2021 [12188871] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif) [Entered: 08/02/2021 09:26 AM] |
| 08/03/2021 | 119 | Filed clerk order (Deputy Clerk: OC): The government’s motion to keep the above-captioned cases in abeyance for a further sixty days is GRANTED. The parties shall provide the Court by October 1, 2021 a status report as to whether the appeal will continue to be prosecuted. [12191199] [20-15398, 20-15399, 20-16045, 20-35044] (OC) [Entered: 08/03/2021 04:33 PM] |
| 10/01/2021 | 120 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-16045, 20-35044, 20-15399 status report (as required by Court order dated 08/03/2021). Date of service: 10/01/2021 [12244975] [20-15398, 20-16045, 20-35044, 20-15399] (Overvold, Leif) [Entered: 10/01/2021 12:13 PM] |
| 10/05/2021 | 121 | Filed clerk order (Deputy Clerk: OC): The government’s motion to keep the above-captioned cases in abeyance for a further sixty days is GRANTED. The parties shall provide the Court by November 30, 2021 a status report as to whether the appeal will continue to be prosecuted. [12248149] [20-15398, 20-15399, 20-16045, 20-35044] (OC) [Entered: 10/05/2021 02:33 PM] |
| 11/30/2021 | 122 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 10/05/2021). Date of service: 11/30/2021 [12301033] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif) [Entered: 11/30/2021 10:50 AM] |
| 01/03/2022 | 123 | Filed clerk order (Deputy Clerk: OC): The government’s motion to keep the above-captioned cases in abeyance is GRANTED. The parties shall provide the Court by January 31, 2022 a status report as to whether the appeal will continue to be prosecuted. [12329635] [20-15398, 20-15399, 20-16045, 20-35044] (OC) [Entered: 01/03/2022 03:34 PM] |
| 01/31/2022 | 124 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 01/03/2022). Date of service: 01/31/2022 [12355992] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif) [Entered: 01/31/2022 12:53 PM] |
| 02/01/2022 | 125 | Filed clerk order (Deputy Clerk: OC): The government’s motion to keep the above-captioned cases in abeyance is GRANTED. The parties shall provide the Court by April 1, 2022 a status report as to whether the appeal will continue to be prosecuted. As this case has now been held in abeyance for over a year, any further requests will be viewed with substantial disfavor. [12357591] [20-15398, 20-15399, 20-16045, 20-35044] (OC) [Entered: 02/01/2022 01:53 PM] |
| 03/09/2022 | 126 | Filed (ECF) notice of appearance of Julianna Gonen (National Center for Lesbian Rights, 1300 Pennsylvania Avenue, NW #190-706, Washington, DC 20004) for Amici Curiae 27 Nonprofit Organizations and NCLR in 20-15398, 20-15399, 20-16045, 20-35044. Substitution for Attorney Julie Wilensky for Amici Curiae 27 Nonprofit Organizations and NCLR in 20-15398, Attorney Julie Wilensky for Amici Curiae NCLR and 27 Nonprofit Organizations in 20-15399, 20-16045, 20-35044. Date of service: 03/09/2022. (Party was previously proceeding with counsel.) [12390323] [20-15398, 20-15399, 20-16045, 20-35044] (Gonen, Julianna) [Entered: 03/09/2022 11:16 AM] |
| 03/09/2022 | 127 | Attorneys Julie Wilensky in 20-15398, 20-15399, 20-16045, and 20-35044 substituted by Attorney Julianna Gonen [12390337] [20-15398, 20-15399, 20-16045, 20-35044] (NAC) [Entered: 03/09/2022 11:21 AM] |
| 04/01/2022 | 128 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and USHHS in 20-15398, Appellants Alex M. Azar, II and USHHS in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 02/01/2022). Date of service: 04/01/2022 [12410754] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif) [Entered: 04/01/2022 12:26 PM] |
| 04/13/2022 | 129 | Terminated Ronald P Flynn for City and County of San Francisco in 20-15398 (due to incorrect ECF contact information) [12420308] [20-15398, 20-15399, 20-16045, 20-35044] (RY) [Entered: 04/13/2022 01:48 PM] |
| 06/16/2022 | 130 | Filed order (MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE) (Judge BADE Dissenting) In its most recent status report, the government stated that it has initiated a new rulemaking that may moot this case. Accordingly, the government’s request that this case be held in abeyance for six months or until thirty days after the issuance of a final rule, whichever is sooner (Dkt. No. 128), is GRANTED. At the end of that period, the parties shall provide the Court with a report as to the status of the rulemaking process and may file motions to govern further proceedings. [12473065] [20-15398, 20-15399, 20-16045, 20-35044] (OC) [Entered: 06/16/2022 12:28 PM] |
| 10/03/2022 | 131 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and USHHS in 20-15398, Appellants Alex M. Azar, II and USHHS in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 06/16/2022). Date of service: 10/03/2022 [12554595] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif) [Entered: 10/03/2022 01:35 PM] |
| 10/07/2022 | 132 | Filed order (MARSHA S. BERZON, MORGAN B. and CHRISTEN. BRIDGET S. BADE, Dissenting) In its most recent status report, the government stated that it has initiated a new rulemaking that may moot this case. Accordingly, the government’s request that this case be held in abeyance for six months or until thirty days after the issuance of a final rule, whichever is sooner (Dkt. No. [131]), is GRANTED. At the end of that period, the parties shall provide the Court with a report as to the status of the rulemaking process and may file motions to govern further proceedings. Judge Bade dissents for the reasons stated in her dissent to the court’s order granting the government’s previous request to hold the case in abeyance. [12558569] [20-15398, 20-15399, 20-16045, 20-35044] (OC) [Entered: 10/07/2022 01:18 PM] |
| 11/16/2022 | 133 | Filed (ECF) notice of appearance of Jack Lienke (Institute for Policy Integrity, NYU School of Law, 130 MacDougal Street, New York, NY 10012) for Amicus Curiae Institute for Policy Integrity at New York University School of Law in 20-15398, 20-15399, 20-16045, 20-35044. Date of service: 11/16/2022. (Party was previously proceeding with counsel.) [12589050] [20-15398, 20-15399, 20-16045, 20-35044] (Lienke, Jack) [Entered: 11/16/2022 02:26 PM] |
| 11/16/2022 | 134 | Added Attorney(s) Jack Lienke for party(s) Amicus Curiae Institute for Policy Integrity at New York University School of Law, in case 20-15398, 20-16045, 20-35044 and 20-15399. [12589068] [20-15398, 20-15399, 20-16045, 20-35044] (NAC) [Entered: 11/16/2022 02:36 PM] |
| 11/28/2022 | 135 | Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Richard Revesz for Amicus Curiae Institute for Policy Integrity at New York University School of Law in 20-15398, 20-15399, 20-16045, 20-35044. Party proceeding without counsel: No. Date of service: 11/28/2022. [12596413] [20-15398, 20-15399, 20-16045, 20-35044] (Revesz, Richard) [Entered: 11/28/2022 10:03 AM] |
| 11/28/2022 | 136 | Terminated Richard Revesz for Institute for Policy Integrity at New York University School of Law in 20-15398, Institute for Policy Integrity at New York University School of Law in 20-15399, Institute for Policy Integrity at New York University School of Law in 20-16045 and Institute for Policy Integrity at New York University School of Law in 20-35044 [12596488] [20-15398, 20-15399, 20-16045, 20-35044] (BJK) [Entered: 11/28/2022 10:30 AM] |
| 01/05/2023 | 137 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and USHHS in 20-15398, Appellants Alex M. Azar, II and USHHS in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 10/07/2022). Date of service: 01/05/2023 [12623521] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif) [Entered: 01/05/2023 09:53 AM] |
| 03/28/2023 | 138 | Terminated Richard B. Katskee for Whitman-Walker Clinic, Inc., Randy Pumphrey, Medical Students For Choice, Colleen McNicholas, Mazzoni Center, Los Angeles LGBT Center, Sarah Henn, Hartford Gyn Center, County of Santa Clara, Center On Halsted, Ward Carpenter, Bradbury-Sullivan LGBT Community Center, Robert Bolan, American Association Of Physicians For Human Rights and AGLP: The Association Of LGBTQ+ Psychiatrists in 20-15399 [12683582] [20-15399, 20-15398, 20-16045, 20-35044] (BJK) [Entered: 03/28/2023 11:46 AM] |
| 04/03/2023 | 139 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and USHHS in 20-15398, Appellants Alex M. Azar, II and USHHS in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 10/07/2022). Date of service: 04/03/2023 [12687629] [20-15398, 20-15399, 20-16045, 20-35044] (Carroll, Sarah) [Entered: 04/03/2023 12:48 PM] |
| 04/06/2023 | 140 | Filed order (MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE) (BRIDGET S. BADE, Dissenting) In its most recent status report, the government stated that it has initiated a new rulemaking that may moot this case. Accordingly, the government’s request that this case be held in abeyance for six months or until thirty days after the issuance of a final rule, whichever is sooner (Dkt. No. [139]), is GRANTED. At the end of that period, the parties shall provide the Court with a report as to the status of the rulemaking process and may file motions to govern further proceedings. Judge Bade dissents to this eleventh request to hold this case in abeyance for the reasons stated in her dissent to the court’s June 16, 2022 order, Dkt. No. [130], as incorporated in her dissent to the court’s October 7, 2022 order, Dkt. No. [132], in which the court granted the government’s previous requests to hold the case in abeyance. [12690856] [20-15398, 20-15399, 20-16045, 20-35044] (OC) [Entered: 04/06/2023 05:04 PM] |
| 09/29/2023 | 141 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and USHHS in 20-15398, Appellants Alex M. Azar, II and USHHS in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 04/06/2023). Date of service: 09/29/2023 [12801756] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif) [Entered: 09/29/2023 03:36 PM] |
| 10/30/2023 | 142 | Filed order (MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE) In its most recent status report, the government stated that it has submitted a final rule for review and approval to the Office of Information and Regulatory Affairs (OIRA) that may moot this case. Accordingly, the government’s request that this case be held in abeyance for six months or until thirty days after the issuance of a final rule, whichever is sooner (Dkt. No. [141]), is GRANTED. At the end of that period, the parties shall provide the Court with a report as to the status of the rulemaking process and may file motions to govern further proceedings. Judge Bade dissents to this twelfth request to hold this case in abeyance for the reasons stated in her dissent to the court’s June 16, 2022 order, Dkt. No. [130], as incorporated in her dissent to the court’s October 7, 2022 and April 6, 2023 orders, Dkt. Nos. [132] and [140], in which the court granted the government’s previous requests to hold the case in abeyance. [12817314] [20-15398, 20-15399, 20-16045, 20-35044] (OC) [Entered: 10/30/2023 04:30 PM] |
| 01/11/2024 | 143 | Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Ms. Jaime M. Huling Delaye for Appellee City and County of San Francisco in 20-15398. Party proceeding without counsel: No. Date of service: 01/11/2024. [12846618] [20-15398, 20-15399, 20-16045, 20-35044] (Huling Delaye, Jaime) [Entered: 01/11/2024 08:24 AM] |
| 01/11/2024 | 144 | Terminated Jaime M. Huling Delaye for City and County of San Francisco. [12846640] [20-15398, 20-15399, 20-16045, 20-35044] (RL) [Entered: 01/11/2024 08:54 AM] |
| 02/12/2024 | 145 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and USHHS in 20-15398, Appellants Alex M. Azar, II and USHHS in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 10/30/2023). Date of service: 02/12/2024 [12858948] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif) [Entered: 02/12/2024 06:25 PM] |
| 02/12/2024 | 146 | Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and USHHS in 20-15398, Appellants Alex M. Azar, II and USHHS in 20-15399, 20-16045, 20-35044 Unopposed Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 02/12/2024. [12858951] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif) [Entered: 02/12/2024 06:29 PM] |
| 02/14/2024 | 147 | Order filed (MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE) Defendants-Appellants’ unopposed motion for voluntary dismissal of the appeals (Dkt. No. [146]) is granted. The appeals are dismissed. See Fed. R. App. P. 42(b). This order constitutes the mandate of this court. [12860026] [20-15398, 20-15399, 20-16045, 20-35044] (WL) [Entered: 02/14/2024 04:15 PM] |
Last updated 04/24/2024
Reconciled with online docket 04/22/2024