5th Cir. 23-10326 Docket
Braidwood Management v. Becerra
U.S. Court of Appeals for the Fifth Circuit, No. 23-10326
Appealed from N.D. Tex. 4:20-cv-00283
Argued June 6, 2023 AUDIO
Panel #1: Circuit Judges Edith Brown Clement, Leslie H. Southwick, and Stephen A. Higginson
Argued March 4, 2024 AUDIO
Panel #2: Circuit Judges Don R. Willett, Cory T. Wilson, and Irma Carrillo Ramirez
| Date Filed | # | Docket Text |
| 04/03/2023 | 1 | US CIVIL CASE docketed. NOA filed by Appellants Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury [23-10326] (MVM) [Entered: 04/03/2023 03:59 PM] |
| 04/04/2023 | 5 | INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [5] Initial AA Check Due satisfied. [23-10326] (PAC) [Entered: 04/04/2023 01:54 PM] |
| 04/04/2023 | 6 | ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 4:20-CV-283. Electronic ROA due on 04/19/2023. [23-10326] (PAC) [Entered: 04/04/2023 02:00 PM] |
| 04/06/2023 | 7 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Daniel J. Aguilar ) [Entered: 04/06/2023 12:00 PM] |
| 04/06/2023 | 8 | APPEARANCE FORM received from Mr. Jonathan F. Mitchell for Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes for the court’s review. Lead Counsel? Yes. [23-10326] (Jonathan F. Mitchell ) [Entered: 04/06/2023 12:29 PM] |
| 04/06/2023 | 9 | APPEARANCE FORM for the court’s review. Lead Counsel? No. [23-10326] (Gene Patrick Hamilton ) [Entered: 04/06/2023 01:05 PM] |
| 04/07/2023 | 10 | CASE CAPTION updated. Cross appeal filed. [10] Parties updated: Appellants/Cross-Appellees Xavier Becerra, Secretary, U.S. Department of Health and Human Services, USA, Janet Yellen, Secretary, U.S. Department of Treasury and Julie A. Su, Acting Secretary, U.S. Department of Labor, Appellees/Cross-Appellants Braidwood Management, Incorporated, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell and Joel Starnes in 23-10326. NOA filed by Appellees Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes. [10] [23-10326] (AS) [Entered: 04/07/2023 03:47 PM] |
| 04/10/2023 | 13 | APPEARANCE FORM FILED by Attorney(s) Daniel J. Aguilar for party(s) Appellant/Cross-Appellee Julie A. Su, Acting Secretary, U.S. Department of Labor Appellant/Cross-Appellee USA Appellant/Cross-Appellee Janet Yellen, Secretary, U.S. Department of Treasury Appellant/Cross-Appellee Xavier Becerra, Secretary, U.S. Department of Health and Human Services, in case 23-10326 [23-10326] (RSM) [Entered: 04/10/2023 01:42 PM] |
| 04/10/2023 | 14 | APPEARANCE FORM FILED by Attorney Jonathan F. Mitchell for Appellee/Cross-Appellant Joel Starnes in 23-10326, Attorney Jonathan F. Mitchell for Appellee/Cross-Appellant Zach Maxwell in 23-10326, Attorney Jonathan F. Mitchell for Appellee/Cross-Appellant Ashley Maxwell in 23-10326, Attorney Jonathan F. Mitchell for Appellee/Cross-Appellant Kelley Orthodontics in 23-10326, Attorney Jonathan F. Mitchell for Appellee/Cross-Appellant John Scott Kelley in 23-10326, Attorney Jonathan F. Mitchell for Appellee/Cross-Appellant Braidwood Management, Incorporated in 23-10326 [23-10326] (RSM) [Entered: 04/10/2023 01:53 PM] |
| 04/10/2023 | 16 | APPEARANCE FORM FILED by Attorney Gene Patrick Hamilton for Appellee/Cross-Appellant Joel Starnes in 23-10326, Attorney Gene Patrick Hamilton for Appellee/Cross-Appellant Zach Maxwell in 23-10326, Attorney Gene Patrick Hamilton for Appellee/Cross-Appellant Ashley Maxwell in 23-10326, Attorney Gene Patrick Hamilton for Appellee/Cross-Appellant Kelley Orthodontics in 23-10326, Attorney Gene Patrick Hamilton for Appellee/Cross-Appellant John Scott Kelley in 23-10326, Attorney Gene Patrick Hamilton for Appellee/Cross-Appellant Braidwood Management, Incorporated in 23-10326 [23-10326] (RSM) [Entered: 04/10/2023 02:04 PM] |
| 04/12/2023 | 18 | TRANSCRIPT ORDER received advising transcript unnecessary as it is already filed. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury advising transcript unnecessary as it is already filed. Date of Service: 04/12/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Daniel J. Aguilar ) [Entered: 04/12/2023 02:00 PM] |
| 04/17/2023 | 20 | INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [20] Initial AA Check Due satisfied. [23-10326] (RSM) [Entered: 04/17/2023 01:10 PM] |
| 04/18/2023 | 21 | APPEARANCE FORM for the court’s review. Lead Counsel? No. [23-10326] (Alisa Beth Klein ) [Entered: 04/18/2023 01:07 PM] |
| 04/18/2023 | 22 | APPEARANCE FORM for the court’s review. Lead Counsel? No. [23-10326] (Michael S. Raab ) [Entered: 04/18/2023 01:20 PM] |
| 04/18/2023 | 23 | APPEARANCE FORM FILED by Attorney(s) Alisa Beth Klein for party(s) Appellant/Cross-Appellee Julie A. Su, Acting Secretary, U.S. Department of Labor Appellant/Cross-Appellee USA Appellant/Cross-Appellee Janet Yellen, Secretary, U.S. Department of Treasury Appellant/Cross-Appellee Xavier Becerra, Secretary, U.S. Department of Health and Human Services, in case 23-10326 [23-10326] (RSM) [Entered: 04/18/2023 03:04 PM] |
| 04/19/2023 | 25 | APPEARANCE FORM FILED by Attorney(s) Michael S. Raab for party(s) Appellant/Cross-Appellee Julie A. Su, Acting Secretary, U.S. Department of Labor Appellant/Cross-Appellee USA Appellant/Cross-Appellee Janet Yellen, Secretary, U.S. Department of Treasury Appellant/Cross-Appellee Xavier Becerra, Secretary, U.S. Department of Health and Human Services, in case 23-10326 [23-10326] (RSM) [Entered: 04/19/2023 01:50 PM] |
| 04/24/2023 | 27 | ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [23-10326] (DDL) [Entered: 04/24/2023 03:40 PM] |
| 04/25/2023 | 29 | BRIEFING NOTICE ISSUED A/Pet’s Brief Due on 06/05/2023 for Appellants/Cross-Appellees Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Julie A. Su, Acting Secretary, U.S. Department of Labor, United States of America and Janet Yellen, Secretary, U.S. Department of Treasury. [23-10326] (DDL) [Entered: 04/25/2023 10:23 AM] |
| 04/27/2023 | 30 | MOTION for partial stay pending appeal and for an administrative stay while Court considers this motion. [30]. Document is insufficient for the following reasons: lacks certificate of conference Response/Opposition due on 05/08/2023. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: MOTION filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor for partial stay pending appeal [30] Ruling is requested by: 05/18/2023. Date of service: 04/27/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Daniel J. Aguilar ) [Entered: 04/27/2023 03:19 PM] |
| 04/27/2023 | 34 | UNOPPOSED MOTION by Not Parties American Lung Association, Adult Vaccine Access Coalition, American Heart Association, Campaign for Tobacco-Free Kids, GO2 for Lung Cancer, LUNGevity Foundation, Public Citizen and Truth Initiative Foundation to file amicus brief [34] [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: UNOPPOSED MOTION by American Lung Association, Adult Vaccine Access Coalition, American Heart Association, Campaign for Tobacco-Free Kids, GO2 for Lung Cancer, LUNGevity Foundation, Public Citizen, and Truth Initiative Foundation d/b/a Truth Initiative to file amicus brief [34] Date of service: 04/27/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Lynch, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell [23-10326] (Nicolas Sansone ) [Entered: 04/27/2023 08:48 PM] |
| 04/27/2023 | 35 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Nicolas Sansone ) [Entered: 04/27/2023 08:58 PM] |
| 04/28/2023 | 36 | APPEARANCE FORM for the court’s review. Lead Counsel? No. [23-10326] (Allison M. Zieve ) [Entered: 04/28/2023 08:19 AM] |
| 04/28/2023 | 38 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Beth Bivans Petronio ) [Entered: 04/28/2023 11:29 AM] |
| 04/28/2023 | 39 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Andrew John Pincus ) [Entered: 04/28/2023 01:41 PM] |
| 04/28/2023 | 40 | UNOPPOSED MOTION by Not Parties American Public Health Association and Public Health Deans and Scholars to file amicus brief [40] [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: UNOPPOSED MOTION by American Public Health Association and Public Health Deans and Scholars to file amicus brief [40] Date of service: 04/28/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Andrew John Pincus ) [Entered: 04/28/2023 02:17 PM] |
| 04/28/2023 | 41 | The Motion for stay pending appeal filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 [30] has been made sufficient. [23-10326] (MFY) [Entered: 04/28/2023 02:51 PM] |
| 04/28/2023 | 42 | UNOPPOSED MOTION by Not Parties American Medical Association, American College of Obstetricians and Gynecologists, Society for Maternal-Fetal Medicine, American Academy of Pediatrics, American Medical Women’s Association, American Academy of Family Physicians, National Medical Association, Infectious Diseases Society of America, American Thoracic Society, American College of Chest Physicians, National Hispanic Medical Association and American Society of Clinical Oncology to file amicus brief [42] [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: UNOPPOSED MOTION by American Medical Association et al to file amicus brief [42] Date of service: 04/28/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Madeline Gitomer ) [Entered: 04/28/2023 03:22 PM] |
| 04/28/2023 | 43 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Madeline Gitomer ) [Entered: 04/28/2023 03:27 PM] |
| 04/28/2023 | 45 | UNOPPOSED MOTION by Not Party SEIU to file amicus brief [45] [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: UNOPPOSED MOTION by Service Employees International Union to file amicus brief [45] Date of service: 04/28/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; Attorney for Not Parties: Pincus, Sansone; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Connie K. Chan ) [Entered: 04/28/2023 04:33 PM] |
| 04/28/2023 | 46 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Connie K. Chan ) [Entered: 04/28/2023 04:52 PM] |
| 05/01/2023 | 50 | APPEARANCE FORM FILED by Attorney Madeline Gitomer for Not Party American Society of Clinical Oncology in 23-10326, Attorney Madeline Gitomer for Not Party National Hispanic Medical Association in 23-10326, Attorney Madeline Gitomer for Not Party American College of Chest Physicians in 23-10326, Attorney Madeline Gitomer for Not Party American Thoracic Society in 23-10326, Attorney Madeline Gitomer for Not Party Infectious Diseases Society of America in 23-10326, Attorney Madeline Gitomer for Not Party National Medical Association in 23-10326, Attorney Madeline Gitomer for Not Party American Academy of Family Physicians in 23-10326, Attorney Madeline Gitomer for Not Party American Medical Women’s Association in 23-10326, Attorney Madeline Gitomer for Not Party American Academy of Pediatrics in 23-10326, Attorney Madeline Gitomer for Not Party Society for Maternal-Fetal Medicine in 23-10326, Attorney Madeline Gitomer for Not Party American College of Obstetricians and Gynecologists in 23-10326, Attorney Madeline Gitomer for Not Party American Medical Association in 23-10326 [23-10326] (RSM) [Entered: 05/01/2023 11:06 AM] |
| 05/01/2023 | 52 | Attorney Beth Petronio is advised to resubmit an appearance form. Reason: The revised Notice of Appearance Form must be used. Also, please include complete telepone numbers on form. [23-10326] (LBM) [Entered: 05/01/2023 12:33 PM] |
| 05/01/2023 | 53 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Beth Bivans Petronio ) [Entered: 05/01/2023 01:37 PM] |
| 05/01/2023 | 54 | COURT ORDER granting Motion to file amicus brief filed by American Heart Association, Public Citizen, Campaign for Tobacco-Free Kids, American Lung Association, Truth Initiative Foundation, Adult Vaccine Access Coalition, GO2 for Lung Cancer and LUNGevity Foundation [34], granting Motion to file amicus brief filed by American Public Health Association and Public Health Deans and Scholars [40], granting Motion to file amicus brief filed by American Medical Association, American Medical Women’s Association, American College of Obstetricians and Gynecologists, National Hispanic Medical Association, American Academy of Family Physicians, American Academy of Pediatrics, Society for Maternal-Fetal Medicine, National Medical Association, Infectious Diseases Society of America, American Thoracic Society, American College of Chest Physicians and American Society of Clinical Oncology [42] filed by American Lung Association, Adult Vaccine Access Coalition, American Heart Association, Campaign for Tobacco-Free Kids, GO2 for Lung Cancer, LUNGevity Foundation, Public Citizen, Truth Initiative Foundation, American Public Health Association, Public Health Deans and Scholars, American Medical Association, American College of Obstetricians and Gynecologists, Society for Maternal-Fetal Medicine, American Academy of Pediatrics, American Medical Women’s Association, American Academy of Family Physicians, National Medical Association, Infectious Diseases Society of America, American Thoracic Society, American College of Chest Physicians, National Hispanic Medical Association and American Society of Clinical Oncology in 23-10326 [23-10326] (MFY) [Entered: 05/01/2023 01:57 PM] |
| 05/01/2023 | 55 | AMICUS CURIAE BRIEF FILED by Adult Vaccine Access Coalition, American Heart Association, American Lung Association, Campaign for Tobacco-Free Kids, GO2 for Lung Cancer, LUNGevity Foundation, Public Citizen and Truth Initiative Foundation. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 [23-10326] (MFY) [Entered: 05/01/2023 02:05 PM] |
| 05/01/2023 | 56 | AMICUS CURIAE BRIEF FILED by American Public Health Association and Public Health Deans and Scholars. Consent is Not Necessary as a Motion has been Granted. [23-10326] (MFY) [Entered: 05/01/2023 02:06 PM] |
| 05/01/2023 | 57 | AMICUS CURIAE BRIEF FILED by American Academy of Family Physicians, American Academy of Pediatrics, American College of Chest Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Medical Women’s Association, American Society of Clinical Oncology, American Thoracic Society, Infectious Diseases Society of America, National Hispanic Medical Association, National Medical Association and Society for Maternal-Fetal Medicine. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 [23-10326] (MFY) [Entered: 05/01/2023 02:09 PM] |
| 05/01/2023 | 58 | APPEARANCE FORM FILED by Attorney(s) Allison M. Zieve for party(s) Amicus Curiae American Lung Association Amicus Curiae American Heart Association Amicus Curiae Public Citizen Amicus Curiae Adult Vaccine Access Coalition Amicus Curiae Campaign for Tobacco-Free Kids Amicus Curiae LUNGevity Foundation Amicus Curiae Truth Initiative Foundation Amicus Curiae GO2 for Lung Cancer, in case 23-10326 [23-10326] (RSM) [Entered: 05/01/2023 03:15 PM] |
| 05/01/2023 | 60 | DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the amicus brief filed by American Cancer Society, et al because motion seeking leave of Court is required [23-10326] (MFY) [Entered: 05/01/2023 03:26 PM] |
| 05/02/2023 | 61 | APPEARANCE FORM FILED by Attorney Nicolas Sansone for Amicus Curiae Truth Initiative Foundation in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Public Citizen in 23-10326, Attorney Nicolas Sansone for Amicus Curiae LUNGevity Foundation in 23-10326, Attorney Nicolas Sansone for Amicus Curiae GO2 for Lung Cancer in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Campaign for Tobacco-Free Kids in 23-10326, Attorney Nicolas Sansone for Amicus Curiae American Heart Association in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Adult Vaccine Access Coalition in 23-10326, Attorney Nicolas Sansone for Amicus Curiae American Lung Association in 23-10326 [23-10326] (RSM) [Entered: 05/02/2023 11:14 AM] |
| 05/02/2023 | 62 | APPEARANCE FORM FILED by Attorney Andrew John Pincus for Amicus Curiae Public Health Deans and Scholars in 23-10326, Attorney Andrew John Pincus for Amicus Curiae American Public Health Association in 23-10326 [23-10326] (RSM) [Entered: 05/02/2023 01:40 PM] |
| 05/02/2023 | 64 | UNOPPOSED MOTION by Not Parties American Cancer Society, American Cancer Society Cancer Action Network, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, Cystic Fibrosis Foundation, Epilepsy Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Minority Quality Forum, National Multiple Sclerosis Society, National Patient Advocate Foundation, The AIDS Institute and WomenHeart to file amicus brief [64] [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: UNOPPOSED MOTION by American Cancer Society, American Cancer Society Cancer Action Network, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, Cystic Fibrosis Foundation, Epilepsy Foundation, Hemophilia Federation of America, et al. to file amicus brief [64] Date of service: 05/02/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; Attorney for Amici Curiae: Gitomer, Pincus, Sansone, Zieve; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Beth Bivans Petronio ) [Entered: 05/02/2023 02:12 PM] |
| 05/04/2023 | 65 | UNOPPOSED MOTION by Not Parties American Hospital Association, Catholic Health Association of the United States, Federation of American Hospitals, America’s Essential Hospitals and Association of American Medical Colleges to file amicus brief [65] [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: UNOPPOSED MOTION by American Hospital Association, Federation of American Hospitals, The Catholic Health Association of the United States, America’s Essential Hospitals, and the Association of American Medical Colleges to file amicus brief [65] Date of service: 05/04/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Lynch, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; Attorney for Amici Curiae: Gitomer, Pincus, Sansone, Zieve [23-10326] (Sean Michael Marotta ) [Entered: 05/04/2023 03:52 PM] |
| 05/05/2023 | 66 | RESPONSE/OPPOSITION [66] to the Motion for stay pending appeal filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 [30], Motion to stay order filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 [30]Response/Opposition deadline satisfied.. Reply to Response/Opposition due on 05/12/2023. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes [66] to the for stay pending appeal filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [30], to stay order filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [30] Date of Service: 05/05/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; Attorney for Amici Curiae: Gitomer, Pincus, Sansone, Zieve; US mail – Attorney for Appellant/Cross-Appellee: Lynch. [23-10326] (Jonathan F. Mitchell ) [Entered: 05/05/2023 12:34 AM] |
| 05/05/2023 | 67 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Sean Michael Marotta ) [Entered: 05/05/2023 11:11 AM] |
| 05/05/2023 | 68 | APPEARANCE FORM for the court’s review. Lead Counsel? No. [23-10326] (David Willner ) [Entered: 05/05/2023 11:14 AM] |
| 05/05/2023 | 74 | COURT ORDER granting Motion to file amicus brief filed by SEIU [45], granting Motion to file amicus brief filed by American Cancer Society, Epilepsy Foundation, American Cancer Society Cancer Action Network, Cystic Fibrosis Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Multiple Sclerosis Society, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, National Minority Quality Forum, National Patient Advocate Foundation, AIDS Institute and WomenHeart [64], granting Motion to file amicus brief filed by American Hospital Association, Federation of American Hospitals, Association of American Medical Colleges, Catholic Health Association of the United States and America’s Essential Hospitals [65] filed by SEIU, American Cancer Society, American Cancer Society Cancer Action Network, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, Cystic Fibrosis Foundation, Epilepsy Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Minority Quality Forum, National Multiple Sclerosis Society, AIDS Institute, WomenHeart, American Hospital Association, Catholic Health Association of the United States, Federation of American Hospitals, America’s Essential Hospitals and Association of American Medical Colleges in 23-10326 [23-10326] (MFY) [Entered: 05/05/2023 05:01 PM] |
| 05/05/2023 | 78 | AMICUS CURIAE BRIEF FILED by AIDS Institute, American Cancer Society, American Cancer Society Cancer Action Network, American Kidney Fund, Arthritis Foundation, Cancer Support Community, CancerCare, Cystic Fibrosis Foundation, Epilepsy Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Minority Quality Forum, National Multiple Sclerosis Society, National Patient Advocate Foundation and WomenHeart. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 [23-10326] (MFY) [Entered: 05/08/2023 03:09 PM] |
| 05/05/2023 | 79 | AMICUS CURIAE BRIEF FILED by America’s Essential Hospitals, American Hospital Association, Association of American Medical Colleges, Catholic Health Association of the United States and Federation of American Hospitals. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 [23-10326] (MFY) [Entered: 05/08/2023 03:15 PM] |
| 05/05/2023 | 80 | AMICUS CURIAE BRIEF FILED by SEIU. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0 [23-10326] (MFY) [Entered: 05/08/2023 03:18 PM] |
| 05/08/2023 | 75 | APPEARANCE FORM FILED by Attorney Sean Michael Marotta for Amicus Curiae Association of American Medical Colleges in 23-10326, Attorney Sean Michael Marotta for Amicus Curiae America’s Essential Hospitals in 23-10326, Attorney Sean Michael Marotta for Amicus Curiae Federation of American Hospitals in 23-10326, Attorney Sean Michael Marotta for Amicus Curiae Catholic Health Association of the United States in 23-10326, Attorney Sean Michael Marotta for Amicus Curiae American Hospital Association in 23-10326 [23-10326] (RSM) [Entered: 05/08/2023 07:30 AM] |
| 05/08/2023 | 77 | CASE CAPTION updated. Party information modified for National Patient Advocate Foundation in 23-10326. [23-10326] (MFY) [Entered: 05/08/2023 03:06 PM] |
| 05/09/2023 | 81 | Paper copies of Amicus Brief filed by Amici Curiae American Heart Association, Public Citizen, Campaign for Tobacco-Free Kids, American Lung Association, Truth Initiative Foundation, Adult Vaccine Access Coalition, GO2 for Lung Cancer and LUNGevity Foundation in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (KMP) [Entered: 05/09/2023 02:47 PM] |
| 05/09/2023 | 83 | Paper copies of Amicus Brief filed by Amici Curiae American Hospital Association, Federation of American Hospitals, Association of American Medical Colleges, Catholic Health Association of the United States and America’s Essential Hospitals in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (KMP) [Entered: 05/09/2023 02:49 PM] |
| 05/09/2023 | 83 | APPEARANCE FORM FILED by Attorney Beth Bivans Petronio for Amicus Curiae WomenHeart in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae AIDS Institute in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae National Patient Advocate Foundation in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae National Multiple Sclerosis Society in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae National Minority Quality Forum in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Leukemia and Lymphoma Society in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Hemophilia Federation of America in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Epilepsy Foundation in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Cystic Fibrosis Foundation in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Cancer Support Community in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae CancerCare in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Arthritis Foundation in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae American Kidney Fund in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae American Cancer Society Cancer Action Network in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae American Cancer Society in 23-10326 [23-10326] (RSM) [Entered: 05/09/2023 03:19 PM] |
| 05/09/2023 | 84 | APPEARANCE FORM for the court’s review. Lead Counsel? No. [23-10326] (Corinne Johnson ) [Entered: 05/09/2023 03:23 PM] |
| 05/09/2023 | 85 | APPEARANCE FORM FILED by Attorney(s) David Willner for party(s) Amicus Curiae Federation of American Hospitals Amicus Curiae American Hospital Association Amicus Curiae Association of American Medical Colleges Amicus Curiae America’s Essential Hospitals Amicus Curiae Catholic Health Association of the United States, in case 23-10326 [23-10326] (RSM) [Entered: 05/09/2023 03:27 PM] |
| 05/10/2023 | 87 | APPEARANCE FORM FILED by Attorney(s) Corinne Johnson for party(s) Amicus Curiae SEIU, in case 23-10326 [23-10326] (ABT) [Entered: 05/10/2023 02:48 PM] |
| 05/11/2023 | 89 | APPEARANCE FORM for the court’s review. Lead Counsel? No. [23-10326] (Barbara Chisholm ) [Entered: 05/11/2023 01:35 PM] |
| 05/11/2023 | 90 | APPEARANCE FORM FILED by Attorney(s) Barbara Chisholm for party(s) Amicus Curiae SEIU, in case 23-10326 [23-10326] (NFD) [Entered: 05/11/2023 04:35 PM] |
| 05/12/2023 | 92 | REPLY filed by [92] to the Response/Opposition filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes in 23-10326 [66], to the Motion for stay pending appeal filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 [30]Reply to Resp/Opp due deadline satisfied.Reply to Resp/Opp due deadline satisfied.. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: REPLY filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury [92] to the filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes [66], to the for stay pending appeal filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [30], to the to stay order filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [30]. Date of Service: 05/12/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch. [23-10326] (Alisa Beth Klein ) [Entered: 05/12/2023 05:16 AM] |
| 05/15/2023 | 99 | COURT ORDER carrying with the case Motion for partial stay pending appeal filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [30]; granting Motion for an administrative stay while the Court considers this motion filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [30] [23-10326] (MVM) [Entered: 05/15/2023 12:10 PM] |
| 05/18/2023 | 100 | UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury for filing opening brief until 06/20/2023 [23-10326] (Alisa Beth Klein ) [Entered: 05/18/2023 10:15 AM] |
| 05/18/2023 | 101 | EXTENSION RECEIVED for Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury. Extension Granted to and including 06/20/2023. A/Pet’s Brief deadline updated to 06/20/2023 for Appellants/Cross-Appellees Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Julie A. Su, Acting Secretary, U.S. Department of Labor, United States of America and Janet Yellen, Secretary, U.S. Department of Treasury [23-10326] (MFY) [Entered: 05/18/2023 02:32 PM] |
| 05/19/2023 | 102 | UNOPPOSED MOTION filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury to establish briefing notice[102]. Date of service: 05/19/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Alisa Beth Klein ) [Entered: 05/19/2023 11:34 AM] |
| 05/19/2023 | 106 | CASE CALENDARED for oral argument on the motion for stay pending appeal on Tuesday, 06/06/2023 at 3:00 pm in the En Banc Courtroom of the Wisdom Courthouse in New Orleans. [23-10326] (CBW) [Entered: 05/19/2023 04:13 PM] |
| 05/19/2023 | 107 | ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Mr. Jonathan F. Mitchell for Appellees/Cross-Appellants Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes [23-10326] (Jonathan F. Mitchell ) [Entered: 05/19/2023 05:10 PM] |
| 05/22/2023 | 108 | PAPER COPIES REQUESTED for the Amicus Brief filed by Amicus Curiae SEIU in 23-10326 [80], Amicus Brief filed by Amici Curiae American Cancer Society, Epilepsy Foundation, American Cancer Society Cancer Action Network, Cystic Fibrosis Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Multiple Sclerosis Society, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, National Minority Quality Forum, National Patient Advocate Foundation, AIDS Institute and WomenHeart in 23-10326 [78], Amicus Brief filed by Amici Curiae American Public Health Association and Public Health Deans and Scholars in 23-10326 [56], Amicus Brief filed by Amici Curiae American Medical Association, American Medical Women’s Association, American College of Obstetricians and Gynecologists, National Hispanic Medical Association, American Academy of Family Physicians, American Academy of Pediatrics, Society for Maternal-Fetal Medicine, National Medical Association, Infectious Diseases Society of America, American Thoracic Society, American College of Chest Physicians and American Society of Clinical Oncology in 23-10326 [57]. Paper Copies of Brief due on 05/30/2023 for Amici Curiae AIDS Institute, American Academy of Family Physicians, American Academy of Pediatrics, American Cancer Society, American Cancer Society Cancer Action Network, American College of Chest Physicians, American College of Obstetricians and Gynecologists, American Kidney Fund, American Medical Association, American Medical Women’s Association, American Public Health Association, American Society of Clinical Oncology, American Thoracic Society, Arthritis Foundation, Cancer Support Community, CancerCare, Cystic Fibrosis Foundation, Epilepsy Foundation, Hemophilia Federation of America, Infectious Diseases Society of America, Leukemia and Lymphoma Society, National Hispanic Medical Association, National Medical Association, National Minority Quality Forum, National Multiple Sclerosis Society, National Patient Advocate Foundation, Public Health Deans and Scholars, Service Employees International Union, Society for Maternal-Fetal Medicine and WomenHeart. [23-10326] (CBW) [Entered: 05/22/2023 10:14 AM] |
| 05/23/2023 | 111 | ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Ms. Alisa Beth Klein, Esq. for Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury [23-10326] (Alisa Beth Klein ) [Entered: 05/23/2023 09:22 AM] |
| 05/23/2023 | 112 | Paper copies of Amicus Brief filed by Amici Curiae American Public Health Association and Public Health Deans and Scholars in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 05/23/2023 02:03 PM] |
| 05/24/2023 | 115 | Paper copies of Amicus Brief filed by Amici Curiae American Cancer Society, Epilepsy Foundation, American Cancer Society Cancer Action Network, Cystic Fibrosis Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Multiple Sclerosis Society, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, National Minority Quality Forum, National Patient Advocate Foundation, AIDS Institute and WomenHeart in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 05/24/2023 11:39 AM] |
| 05/24/2023 | 116 | Paper copies of Amicus Brief filed by Amicus Curiae SEIU in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 05/24/2023 03:02 PM] |
| 05/25/2023 | 118 | Paper copies of Amicus Brief filed by Amici Curiae American Medical Association, American Medical Women’s Association, American College of Obstetricians and Gynecologists, National Hispanic Medical Association, American Academy of Family Physicians, American Academy of Pediatrics, Society for Maternal-Fetal Medicine, National Medical Association, Infectious Diseases Society of America, American Thoracic Society, American College of Chest Physicians and American Society of Clinical Oncology in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 05/25/2023 11:17 AM] |
| 05/25/2023 | 119 | MOTION filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes for leave to file supplemental memorandum. [119]. Date of service: 05/25/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Jonathan F. Mitchell ) [Entered: 05/25/2023 02:18 PM] |
| 05/26/2023 | 125 | UNOPPOSED MOTION filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury to file supplemental reply [125]. Date of service: 05/26/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Alisa Beth Klein ) [Entered: 05/26/2023 10:32 AM] |
| 05/26/2023 | 126 | COURT ORDER granting Motion leave to file a supplemental memorandum and supporting declaration filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes [119] [23-10326] (MFY) [Entered: 05/26/2023 11:08 AM] |
| 05/26/2023 | 127 | SUPPLEMENTAL RESPONSE/OPPOSITION filed by Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes [127] to the Motion to stay order filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 [30] [23-10326] (MFY) [Entered: 05/26/2023 11:27 AM] |
| 05/26/2023 | 132 | COURT ORDER granting Motion leave to file a supplemental reply filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [125] [23-10326] (MFY) [Entered: 05/26/2023 05:10 PM] |
| 05/31/2023 | 138 | SUPPLEMENTAL REPLY filed by [138] to the Response/Opposition filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes in 23-10326 [127]. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: SUPPLEMENTAL REPLY BRIEF FILED by Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury Date of service: 05/31/2023 [23-10326] (Alisa Beth Klein ) [Entered: 05/31/2023 08:44 AM] |
| 06/06/2023 | 141 | ORAL ARGUMENT HEARD before Judges Clement, Southwick, Higginson. Arguing Person Information Updated for: Alisa Beth Klein arguing for Appellant/Cross-Appellee Secretary Becerra, U.S. Department of Health and Human Services, Appellant/Cross-Appellee Acting Secretary Su, U.S. Department of Labor, Appellant/Cross-Appellee United States of America; Arguing Person Information Updated for: Jonathan F. Mitchell arguing for Appellee/Cross-Appellant Incorporated Braidwood Management, Appellee/Cross-Appellant Kelley Orthodontics, Appellee/Cross-Appellant John Scott Kelley, Appellee/Cross-Appellant Ashley Maxwell, Appellee/Cross-Appellant Zach Maxwell [23-10326] (SME) [Entered: 06/06/2023 03:17 PM] |
| 06/07/2023 | 142 | COURT ORDER. Counsel are directed to file with the Court Clerk by 5:00 p.m. on Friday, June 9, 2023, a report on possible agreement to the terms of a stay. [30] [23-10326] (MFY) [Entered: 06/07/2023 08:02 AM] |
| 06/09/2023 | 144 | JOINT STATUS REPORT from Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: STATUS REPORT from Appellees/Cross-Appellants Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes. Date of Service: 06/09/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch. The next status report is due within 30 days from this date, until the matter is resolved. [23-10326] (Jonathan F. Mitchell ) [Entered: 06/09/2023 10:38 AM] |
| 06/12/2023 | 147 | JOINT LETTER filed in Support of Motion for stay pending appeal filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 [30]. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: UNOPPOSED JOINT STIPULATION filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury and Appellees/Cross-Appellants Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes for stay pending appeal [147] Ruling is requested by: 06/16/2023 Date of Service: 06/12/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch. [23-10326] (Jonathan F. Mitchell ) [Entered: 06/12/2023 01:44 PM] |
| 06/12/2023 | 151 | DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the motion to amend the caption received from Appellees/Cross-Appellants Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell and Mr. Joel Starnes because the motion is unnecessary as these parties were erroneously left out at case opening. The parties have been added to the caption. [23-10326] (MVM) [Entered: 06/13/2023 07:54 AM] |
| 06/13/2023 | 150 | CASE CAPTION updated. Appellants Joel Miller and Gregory Scheideman added to case. Reason: erroneously left out at case opening. [23-10326] REMOVE THIS TEXT AND THE DUPLICATE TEXT THAT FOLLOWS. CASE CAPTION updated. Party information modified for Joel Miller and Gregory Scheideman in 23-10326. [23-10326] (MVM) [Entered: 06/13/2023 07:44 AM] |
| 06/13/2023 | 153 | COURT ORDER – In light of the parties’ stipulation filed on June 12, 2023, the first paragraph of item 3 in the district court judgment, is STAYED pending this Court’s issuance of the mandate in this appeal, filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [30] [23-10326] (MVM) [Entered: 06/13/2023 08:24 AM] |
| 06/13/2023 | 154 | COURT ORDER granting Motion establish briefing notice filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor [102] [23-10326] (MVM) [Entered: 06/13/2023 08:28 AM] |
| 06/13/2023 | 156 | LETTER OF ADVISEMENT. Reason: advising parties of briefing schedule [23-10326] (MVM) [Entered: 06/13/2023 08:43 AM] |
| 06/20/2023 | 158 | RECORD EXCERPTS FILED. # of Copies Provided: 0 [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor. Date of service: 06/20/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Daniel J. Aguilar ) [Entered: 06/20/2023 03:28 PM] |
| 06/20/2023 | 159 | APPELLANT’S BRIEF FILED # of Copies Provided: 0 A/Pet’s Brief deadline satisfied. XA/Pet’s Brief due on 08/07/2023 for Appellees/Cross-Appellants Braidwood Management, Incorporated, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman and Joel Starnes. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S BRIEF FILED by Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor. Date of service: 06/20/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Daniel J. Aguilar ) [Entered: 06/20/2023 03:39 PM] |
| 06/23/2023 | 163 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Richard Hughes IV) [Entered: 06/23/2023 02:50 PM] |
| 06/23/2023 | 165 | SUFFICIENT AMICUS CURIAE BRIEF FILED by AIDS Alabama, AIDS Foundation of Chicago, AIDS United, American Academy of HIV Medicine and HIV and Hepatitis Policy Institute. The Consent is Included in the Brief. # of Copies Provided: 0 Sufficient Brief deadline satisfied [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by American Academy of HIV Medicine, AIDS United, AIDS Foundation of Chicago, AIDS Alabama and HIV and Hepatitis Policy Institute, et al. The Consent is Included in the Brief. Additionally the Brief requires Statement pursuant to FRAP 29(a)(4)(E). Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 07/07/2023 for Amici Curiae HIV and Hepatitis Policy Institute, AIDS Alabama, AIDS Foundation of Chicago, AIDS United and American Academy of HIV Medicine. [23-10326] (MFY) [Entered: 06/23/2023 05:31 PM] |
| 06/23/2023 | 166 | DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the unopposed motion to file amicus brief received from Amici Curiae AIDS Alabama, AIDS Foundation of Chicago, AIDS United, American Academy of HIV Medicine and HIV and Hepatitis Policy Institute because unnecessary as counsel has consent to file amicus brief [23-10326] (ADVISED IN LETTER REGARDING SUFFICIENT AMICI BRIEF) (MFY) [Entered: 06/23/2023 05:38 PM] |
| 06/26/2023 | 167 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (K. Lee Blalack II) [Entered: 06/26/2023 08:11 AM] |
| 06/26/2023 | 168 | APPEARANCE FORM for the court’s review. Lead Counsel? No. [23-10326] (Brian David Boyle ) [Entered: 06/26/2023 08:19 AM] |
| 06/26/2023 | 169 | APPEARANCE FORM for the court’s review. Lead Counsel? No. [23-10326] (Jordan Ascher ) [Entered: 06/26/2023 08:24 AM] |
| 06/26/2023 | 170 | APPEARANCE FORM FILED by Attorney Richard Hughes IV for Amicus Curiae American Academy of HIV Medicine in 23-10326, Attorney Richard Hughes IV for Amicus Curiae AIDS United in 23-10326, Attorney Richard Hughes IV for Amicus Curiae AIDS Foundation of Chicago in 23-10326, Attorney Richard Hughes IV for Amicus Curiae AIDS Alabama in 23-10326, Attorney Richard Hughes IV for Amicus Curiae HIV and Hepatitis Policy Institute in 23-10326 [23-10326] (RLL) [Entered: 06/26/2023 12:14 PM] |
| 06/26/2023 | 171 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (David Charles Frederick ) [Entered: 06/26/2023 02:30 PM] |
| 06/27/2023 | 172 | AMICUS CURIAE BRIEF FILED by WomenHeart, AIDS Institute, National Patient Advocate Foundation, National Multiple Sclerosis Society, National Minority Quality Forum, Leukemia and Lymphoma Society, Hemophilia Federation of America, Epilepsy Foundation, Cystic Fibrosis Foundation, Crohn’s and Colitis Foundation, Cancer Support Community, CancerCare, Arthritis Foundation, American Kidney Fund, American Cancer Society Cancer Action Network and American Cancer Society. The Consent is Included in the Brief. # of Copies Provided: 0 [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by American Cancer Society, American Cancer Society Cancer Action Network, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, Crohn’s & Colitis Foundation, Cystic Fibrosis Foundation, Epilepsy Foundation. Date of service: 06/27/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Hughes, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Beth Bivans Petronio ) [Entered: 06/27/2023 09:25 AM] |
| 06/27/2023 | 174 | AMICUS CURIAE BRIEF FILED by Blue Cross Blue Shield Association. The Consent is Included in the Brief. # of Copies Provided: 0 [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Blue Cross Blue Shield Association. Date of service: 06/27/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Hughes, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (K. Lee Blalack II) [Entered: 06/27/2023 11:34 AM] |
| 06/27/2023 | 175 | APPEARANCE FORM for the court’s review. Lead Counsel? No. [23-10326] (Jonathan Michael Eisenberg ) [Entered: 06/27/2023 11:44 AM] |
| 06/27/2023 | 176 | UNOPPOSED MOTION by Not Parties United States of Care, Michigan League for Public Policy, West Virginians for Affordable Health Care, Consumers for Affordable Health Care, New Day Nevada, Young Invincibles, Shriver Center on Poverty Law, AcademyHealth, Colorado Consumer Health Initiative, Pennsylvania Health Access Network, Committee to Protect Health Care, Utah Health Policy Project, Community Catalyst, Protect Our Care, ACA Consumer Advocacy and National Partnership for Women and Families to file amicus brief [176] [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: UNOPPOSED MOTION by UNITED STATES OF CARE, MICHIGAN LEAGUE FOR PUBLIC POLICY, WEST VIRGINIANS FOR AFFORDABLE HEALTH CARE, CONSUMERS FOR AFFORDABLE HEALTH CARE, NEW DAY NEVADA, YOUNG INVINCIBLES, SHRIVER CENTER ON POVERTY LAW, ACADEMYHEALTH, et al. to file amicus brief [176] Date of service: 06/27/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Hughes, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Daniel Jarcho ) [Entered: 06/27/2023 12:22 PM] |
| 06/27/2023 | 177 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Daniel Jarcho ) [Entered: 06/27/2023 12:48 PM] |
| 06/27/2023 | 178 | AMICUS CURIAE BRIEF FILED by Truth Initiative Foundation, Public Health Law Center, Public Citizen, Parents Against Vaping e-cigarettes, LUNGevity Foundation, GO2 for Lung Cancer, Families USA, Campaign for Tobacco-Free Kids, American Heart Association, Adult Vaccine Access Coalition, AcademyHealth and American Lung Association. The Consent is Included in the Brief. Additionally the Brief requires INSUFFICIENT FOR: APPEARANCE FORM NEEDED FOR ATTORNEY SIGNING THE BRIEF (SANSONE). Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 07/11/2023 for Amici Curiae American Lung Association, AcademyHealth, Adult Vaccine Access Coalition, American Heart Association, Campaign for Tobacco-Free Kids, Families USA, GO2 for Lung Cancer, LUNGevity Foundation, Parents Against Vaping e-cigarettes, Public Citizen, Public Health Law Center and Truth Initiative Foundation. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by American Lung Association, et al.. Date of service: 06/27/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Chan, Chisholm, Gitomer, Hughes, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Nicolas Sansone ) [Entered: 06/27/2023 01:14 PM] |
| 06/27/2023 | 179 | DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the motion to file an amicus brief because a motion is not necessary as the amici parties have consent of the parties to file a brief [23-10326] (MVM) [Entered: 06/27/2023 01:37 PM] |
| 06/27/2023 | 181 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (William Alvarado Rivera ) [Entered: 06/27/2023 02:07 PM] |
| 06/27/2023 | 182 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Matthew S. Hellman ) [Entered: 06/27/2023 02:12 PM] |
| 06/27/2023 | ||
| 06/27/2023 | 185 |
AMICUS CURIAE BRIEF FILED by AARP and AARP Found. The Consent is Included in the Brief. Sufficient Brief deadline satisfied [23-10326] |
| 06/27/2023 | 186 | AMICUS CURIAE BRIEF FILED by 49 Bipartisan Economic and Other Social Science Scholars. The Consent is Included in the Brief. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by 49 Bipartisan Economic and Other Social Science Scholars. Date of service: 06/27/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Blalack, Chan, Chisholm, Gitomer, Hughes, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; Attorney for Not Party: Jarcho; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Matthew S. Hellman ) [Entered: 06/27/2023 02:36 PM] |
| 06/27/2023 | 187 | AMICUS CURIAE BRIEF FILED by ChangeLab Solutions, Trust for Americas Health, Robert Wood Johnson Foundation, Public Health Deans and Scholars and American Public Health Association. The Consent is Included in the Brief. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by American Public Health Association, Public Health Deans and Scholars, The Robert Wood Johnson Foundation, and Public Health Advocates. Date of service: 06/27/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Blalack, Chan, Chisholm, Gitomer, Hughes, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; Attorney for Not Party: Jarcho; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Andrew John Pincus ) [Entered: 06/27/2023 02:39 PM] |
| 06/27/2023 | 188 | AMICUS CURIAE BRIEF FILED by America’s Essential Hospitals, American Hospital Association, Association of American Medical Colleges, Catholic Health Association of the United States and Federation of American Hospitals. The Consent is Included in the Brief. # of Copies Provided: 0 [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by The American Hospital Association, Federation of American Hospitals, The Catholic Health Association of the United States, America’s Essential Hospitals, and the Association of American Medical Colleges. Date of service: 06/27/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Blalack, Chan, Chisholm, Gitomer, Hughes, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; Attorney for Not Party: Jarcho; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Sean Michael Marotta ) [Entered: 06/27/2023 02:43 PM] |
| 06/27/2023 | 189 | AMICUS CURIAE BRIEF FILED by Tennessee Justice Center, Public Justice Center, Northwest Health Law Advocates, Nebraska Appleseed Center for Law in the Public Interest, Kentucky Equal Justice Center, Indiana Justice Project, Florida Health Justice Project, Community Legal Aid Society, Incorporated, Center for Civil Justice, Arizona Center for Law in the Public Interest, Alabama Disabilities Advocacy Program, Transhealth, National Black Justice Coalition, National Association of Pediatric Nurse Practitioners, Justice in Aging, Center for Medicare Advocacy, Asian & Pacific Islander American Health Forum and National Health Law Program. The Consent is Included in the Brief. # of Copies Provided: 0 [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by NATIONAL HEALTH LAW PROGRAM, et al.. Date of service: 06/27/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Blalack, Chan, Chisholm, Gitomer, Hughes, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; Attorney for Not Party: Jarcho; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Martha Jane Perkins ) [Entered: 06/27/2023 03:00 PM] |
| 06/27/2023 | 190 | AMICUS CURIAE BRIEF FILED by Susan G. Komen Breast Cancer Foundation, Incorporated. The Consent is Included in the Brief. # of Copies Provided: 0 [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by The Susan G. Komen Breast Cancer Foundation, Inc.. Date of service: 06/27/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Blalack, Chan, Chisholm, Gitomer, Hughes, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; Attorney for Not Party: Jarcho; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (David Charles Frederick ) [Entered: 06/27/2023 03:02 PM] |
| 06/27/2023 | 191 | APPEARANCE FORM FILED by Attorney(s) Jordan Ascher for party(s) Amicus Curiae Blue Cross Blue Shield Association, in case 23-10326 [23-10326] (RSM) [Entered: 06/27/2023 03:04 PM] |
| 06/27/2023 | 192 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Martha Jane Perkins ) [Entered: 06/27/2023 03:04 PM] |
| 06/27/2023 | 193 | APPEARANCE FORM FILED by Attorney(s) Brian David Boyle for party(s) Amicus Curiae Blue Cross Blue Shield Association, in case 23-10326 [23-10326] (RSM) [Entered: 06/27/2023 03:13 PM] |
| 06/27/2023 | 195 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Nicolas Sansone ) [Entered: 06/27/2023 03:23 PM] |
| 06/27/2023 | 197 | AMICUS CURIAE BRIEF FILED by SEIU. The Consent is Included in the Brief. # of Copies Provided: 0 [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Service Employees International Union. Date of service: 06/27/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Ascher, Blalack, Boyle, Chan, Chisholm, Gitomer, Hellman, Hughes, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; Attorney for Not Party: Jarcho; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Barbara Chisholm ) [Entered: 06/27/2023 03:31 PM] |
| 06/27/2023 | 199 | APPEARANCE FORM for the court’s review. Lead Counsel? No. [23-10326] (Claire Prestel ) [Entered: 06/27/2023 03:38 PM] |
| 06/27/2023 | 201 | SUFFICIENT AMICUS CURIAE BRIEF FILED by HIV Medicine Association of the Infectious Disease Society of America and National Alliance of State and Territorial AIDS Directors. The Consent is Included in the Brief. # of Copies Provided: 0 Sufficient Brief deadline satisfied [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by National Alliance of State and Territorial AIDS Directors and HIV Medicine Association of the Infectious Disease Society of America. The Consent is Included in the Brief. Additionally the Brief requires INSUFFICIENT FOR: COVER MUST STATE WHETHER THE BRIEF SUPPORTS AFFIRMANCE OR REVERSAL; APPEARANCE FORM NEEDED FOR ATTORNEY SIGNING THE BRIEF (DEVOOGD). Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 07/12/2023 for Amici Curiae HIV Medicine Association of the Infectious Disease Society of America and National Alliance of State and Territorial AIDS Directors. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by THE HIV MEDICINE ASSOCIATION OF THE INFECTIOUS DISEASE SOCIETY OF AMERICA AND THE NATIONAL ALLIANCE OF STATE & TERRITORIAL AIDS DIRECTORS. Date of service: 06/27/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Ascher, Blalack, Boyle, Chan, Chisholm, Gitomer, Hellman, Hughes, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; Attorney for Not Party: Jarcho; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Andrew H. DeVoogd ) [Entered: 06/27/2023 04:19 PM] |
| 06/27/2023 | 202 | COURT ORDER granting Motion to file amicus brief filed by National Partnership for Women and Families, Community Catalyst, Young Invincibles, United States of Care, Michigan League for Public Policy, West Virginians for Affordable Health Care, Consumers for Affordable Health Care, New Day Nevada, Shriver Center on Poverty Law, AcademyHealth, Colorado Consumer Health Initiative, Pennsylvania Health Access Network, Committee to Protect Health Care, Utah Health Policy Project, Protect Our Care and ACA Consumer Advocacy [176] filed by United States of Care, Michigan League for Public Policy, West Virginians for Affordable Health Care, Consumers for Affordable Health Care, New Day Nevada, Young Invincibles, Shriver Center on Poverty Law, AcademyHealth, Colorado Consumer Health Initiative, Pennsylvania Health Access Network, Committee to Protect Health Care, Utah Health Policy Project, Community Catalyst, Protect Our Care, ACA Consumer Advocacy and National Partnership for Women and Families in 23-10326 [23-10326] (RAJ) [Entered: 06/27/2023 05:28 PM] |
| 06/27/2023 | 205 | SUFFICIENT AMICUS CURIAE BRIEF FILED by AIDS Healthcare Foundation. The Consent is Included in the Brief. # of Copies Provided: 0 Sufficient Brief deadline satisfied [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by AIDS Healthcare Foundation. The Consent is Included in the Brief. Additionally the Brief requires INSUFFICIENT FOR: COVER MUST STATE WHETHER BRIEF SUPPORTS AFFIRMANCE OR REVERSAL. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 07/12/2023 for Amicus Curiae AIDS Healthcare Foundation. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by AIDS Healthcare Foundation. Date of service: 06/27/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Lynch, Raab, Stoltz; Attorney for Amici Curiae: Ascher, Blalack, Boyle, Chan, Chisholm, Gitomer, Hellman, Hughes, Jarcho, Johnson, Marotta, Petronio, Pincus, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell [23-10326] (Jonathan Michael Eisenberg ) [Entered: 06/27/2023 09:12 PM] |
| 06/27/2023 | 221 | AMICUS CURIAE BRIEF FILED by Gilead Sciences, Incorporated. The Consent is Included in the Brief. # of Copies Provided: 0 Sufficient Brief due on 07/11/2023 for Amicus Curiae Gilead Sciences, Incorporated. Appearance form is required. [23-10326] (MFY) [Entered: 06/28/2023 01:38 PM] |
| 06/27/2023 | 222 | AMICUS CURIAE BRIEF FILED by American College of Chest Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Medical Women’s Association and American Society of Clinical Oncology, et al. The Consent is Included in the Brief. # of Copies Provided: 0 [23-10326] (MFY) [Entered: 06/28/2023 02:05 PM] |
| 06/27/2023 | 223 | DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the motion to file amicus brief as to Gilead Sciences received from Amicus Curiae Gilead Sciences, Incorporated because brief contains consent [23-10326] (ADVISED IN LETTER REQUESTING APPEARANCE FORM) (MFY) [Entered: 06/28/2023 02:17 PM] |
| 06/27/2023 | 225 | DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the motion to file amici brief received from Amicus Curiae American Medical Association, et al because brief contains consent. [23-10326] (MFY) [Entered: 06/28/2023 02:28 PM] |
| 06/27/2023 | 234 | SUFFICIENT AMICUS CURIAE BRIEF FILED by ACA Consumer Advocacy, AcademyHealth, AcademyHealth, Colorado Consumer Health Initiative, Committee to Protect Health Care, Community Catalyst, Consumers for Affordable Health Care, Michigan League for Public Policy, National Partnership for Women and Families, New Day Nevada, Pennsylvania Health Access Network, Protect Our Care, Shriver Center on Poverty Law, United States of Care, Utah Health Policy Project, West Virginians for Affordable Health Care and Young Invincibles. Consent is Not Necessary as a Motion has been Granted.Sufficient Brief deadline satisfied [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by ACA Consumer Advocacy, AcademyHealth, Colorado Consumer Health Initiative, Committee to Protect Health Care, Community Catalyst, Consumers for Affordable Health Care, Michigan League for Public Policy, National Partnership for Women and Families, New Day Nevada, Pennsylvania Health Access Network, Protect Our Care, Shriver Center on Poverty Law, United States of Care, Utah Health Policy Project, West Virginians for Affordable Health Care and Young Invincibles. Consent is Not Necessary as a Motion has been Granted. Additionally the Brief requires Caption must be an exact match to the case caption.. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 07/11/2023 for Amici Curiae ACA Consumer Advocacy, AcademyHealth, Colorado Consumer Health Initiative, Committee to Protect Health Care, Community Catalyst, Consumers for Affordable Health Care, Michigan League for Public Policy, National Partnership for Women and Families, New Day Nevada, Pennsylvania Health Access Network, Protect Our Care, United States of Care, Utah Health Policy Project, West Virginians for Affordable Health Care and Young Invincibles. [23-10326] (RAJ) [Entered: 06/29/2023 03:10 PM] |
| 06/27/2023 | 206 | APPEARANCE FORM FILED by Attorney Kenneth Lee Blalack II for Amicus Curiae Blue Cross Blue Shield Association in 23-10326 [23-10326] (RSM) [Entered: 06/28/2023 11:50 AM] |
| 06/28/2023 | 207 | PROPOSED SUFFICIENT BRIEF filed by Amicus Curiae AIDS Healthcare Foundation [205] Date of service: 06/28/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Lynch, Raab, Stoltz; Attorney for Amici Curiae: Ascher, Blalack, Boyle, Chan, Chisholm, DeVoogd, Eisenberg, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Marotta, Perkins, Petronio, Pincus, Rivera, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell [23-10326] (Jonathan Michael Eisenberg ) [Entered: 06/28/2023 11:53 AM] |
| 06/28/2023 | 208 | APPEARANCE FORM FILED by Attorney David Charles Frederick for Amicus Curiae Susan G. Komen Breast Cancer Foundation, Incorporated in 23-10326 [23-10326] (RSM) [Entered: 06/28/2023 11:58 AM] |
| 06/28/2023 | 209 | APPEARANCE FORM FILED by Attorney Jonathan Michael Eisenberg for Amicus Curiae AIDS Healthcare Foundation in 23-10326 [23-10326] (RSM) [Entered: 06/28/2023 01:07 PM] |
| 06/28/2023 | 211 | APPEARANCE FORM FILED by Attorney Nicolas Sansone for Amicus Curiae Truth Initiative Foundation in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Public Health Law Center in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Public Citizen in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Parents Against Vaping e-cigarettes in 23-10326, Attorney Nicolas Sansone for Amicus Curiae LUNGevity Foundation in 23-10326, Attorney Nicolas Sansone for Amicus Curiae GO2 for Lung Cancer in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Families USA in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Campaign for Tobacco-Free Kids in 23-10326, Attorney Nicolas Sansone for Amicus Curiae American Heart Association in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Adult Vaccine Access Coalition in 23-10326, Attorney Nicolas Sansone for Amicus Curiae AcademyHealth in 23-10326, Attorney Nicolas Sansone for Amicus Curiae American Lung Association in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Truth Initiative Foundation in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Public Citizen in 23-10326, Attorney Nicolas Sansone for Amicus Curiae LUNGevity Foundation in 23-10326, Attorney Nicolas Sansone for Amicus Curiae GO2 for Lung Cancer in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Campaign for Tobacco-Free Kids in 23-10326, Attorney Nicolas Sansone for Amicus Curiae American Heart Association in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Adult Vaccine Access Coalition in 23-10326, Attorney Nicolas Sansone for Amicus Curiae American Lung Association in 23-10326 Sufficient Brief deadline satisfied [23-10326] (RSM) [Entered: 06/28/2023 01:15 PM] |
| 06/28/2023 | 212 | APPEARANCE FORM FILED by Attorney Martha Jane Perkins for Amicus Curiae Tennessee Justice Center in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae Public Justice Center in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae Northwest Health Law Advocates in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae Nebraska Appleseed Center for Law in the Public Interest in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae Kentucky Equal Justice Center in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae Indiana Justice Project in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae Florida Health Justice Project in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae Community Legal Aid Society, Incorporated in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae Center for Civil Justice in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae Arizona Center for Law in the Public Interest in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae Alabama Disabilities Advocacy Program in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae Transhealth in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae National Black Justice Coalition in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae National Association of Pediatric Nurse Practitioners in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae Justice in Aging in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae Center for Medicare Advocacy in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae Asian & Pacific Islander American Health Forum in 23-10326, Attorney Martha Jane Perkins for Amicus Curiae National Health Law Program in 23-10326 [23-10326] (RSM) [Entered: 06/28/2023 01:18 PM] |
| 06/28/2023 | 213 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Andrew H. DeVoogd ) [Entered: 06/28/2023 01:22 PM] |
| 06/28/2023 | 214 | APPEARANCE FORM FILED by Attorney Daniel Jarcho for Amicus Curiae National Partnership for Women and Families in 23-10326, Attorney Daniel Jarcho for Amicus Curiae ACA Consumer Advocacy in 23-10326, Attorney Daniel Jarcho for Amicus Curiae Protect Our Care in 23-10326, Attorney Daniel Jarcho for Amicus Curiae Community Catalyst in 23-10326, Attorney Daniel Jarcho for Amicus Curiae Utah Health Policy Project in 23-10326, Attorney Daniel Jarcho for Amicus Curiae Committee to Protect Health Care in 23-10326, Attorney Daniel Jarcho for Amicus Curiae Pennsylvania Health Access Network in 23-10326, Attorney Daniel Jarcho for Amicus Curiae Colorado Consumer Health Initiative in 23-10326, Attorney Daniel Jarcho for Amicus Curiae AcademyHealth in 23-10326, Attorney Daniel Jarcho for Amicus Curiae Shriver Center on Poverty Law in 23-10326, Attorney Daniel Jarcho for Amicus Curiae Young Invincibles in 23-10326, Attorney Daniel Jarcho for Amicus Curiae New Day Nevada in 23-10326, Attorney Daniel Jarcho for Amicus Curiae Consumers for Affordable Health Care in 23-10326, Attorney Daniel Jarcho for Amicus Curiae West Virginians for Affordable Health Care in 23-10326, Attorney Daniel Jarcho for Amicus Curiae Michigan League for Public Policy in 23-10326, Attorney Daniel Jarcho for Amicus Curiae United States of Care in 23-10326 [23-10326] (RSM) [Entered: 06/28/2023 01:23 PM] |
| 06/28/2023 | 216 | APPEARANCE FORM FILED by Attorney William Alvarado Rivera for Amicus Curiae AARP Found in 23-10326, Attorney William Alvarado Rivera for Amicus Curiae AARP in 23-10326 [23-10326] (RSM) [Entered: 06/28/2023 01:25 PM] |
| 06/28/2023 | 217 | APPEARANCE FORM FILED by Attorney Matthew S. Hellman for Amicus Curiae 49 Bipartisan Economic and Other Social Science Scholars in 23-10326 [23-10326] (RSM) [Entered: 06/28/2023 01:28 PM] |
| 06/28/2023 | 219 | APPEARANCE FORM FILED by Attorney Sarah A Hunger for Amicus Curiae State of Wisconsin in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Washington in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Vermont in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Rhode Island in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Pennsylvania in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Oregon in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of North Carolina in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of New York in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of New Mexico in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of New Jersey in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Nevada in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Minnesota in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Michigan in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Massachusetts in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Maryland in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Maine in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Hawaii in 23-10326, Attorney Sarah A Hunger for Amicus Curiae District of Columbia in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Delaware in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Connecticut in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Colorado in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of California in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Arizona in 23-10326, Attorney Sarah A Hunger for Amicus Curiae State of Illinois in 23-10326 [23-10326] (RSM) [Entered: 06/28/2023 01:30 PM] |
| 06/28/2023 | 224 | APPEARANCE FORM received from Mr. Kwaku A. Akowuah for Gilead Sciences, Incorporated for the court’s review. Lead Counsel? Yes. [23-10326] (Kwaku A. Akowuah ) [Entered: 06/28/2023 02:27 PM] |
| 06/28/2023 | 226 | APPEARANCE FORM for the court’s review. Lead Counsel? No. [23-10326] (Madeleine Joseph ) [Entered: 06/28/2023 02:30 PM] |
| 06/28/2023 | 227 | PROPOSED SUFFICIENT BRIEF filed by Amici Curiae National Alliance of State and Territorial AIDS Directors and HIV Medicine Association of the Infectious Disease Society of America [201] Date of service: 06/28/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Chan, Chisholm, DeVoogd, Eisenberg, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Marotta, Perkins, Petronio, Pincus, Rivera, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Andrew H. DeVoogd ) [Entered: 06/28/2023 02:54 PM] |
| 06/28/2023 | 228 | PARTY LIMIT CASE. (FOR A FULL LIST OF PARTIES FOR THE AMICI BRIEF FILED BY American College of Chest Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Medical Women’s Association and American Society of Clinical Oncology, et al, PLEASE REFER TO THE AMICI BRIEF FILED ON 6/27/23.) [23-10326] (MFY) [Entered: 06/28/2023 02:54 PM] |
| 06/29/2023 | 232 | PROPOSED SUFFICIENT BRIEF filed by Amici Curiae AARP Found and AARP [185] Date of service: 06/29/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Chan, Chisholm, DeVoogd, Eisenberg, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Marotta, Perkins, Petronio, Pincus, Rivera, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (William Alvarado Rivera ) [Entered: 06/29/2023 01:13 PM] |
| 06/29/2023 | 233 | Paper copies of Amicus Brief filed by 49 Bipartisan Economic and Other Social Science Scholars in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Sufficient Paper Copies of Brief due on 07/05/2023 for Amicus Curiae 49 Bipartisan Economic and Other Social Science Scholars [23-10326] (KMP) [Entered: 06/29/2023 02:57 PM] |
| 06/29/2023 | 235 | Paper copies of Amicus Brief filed by Amici Curiae American Hospital Association, Federation of American Hospitals, Association of American Medical Colleges, Catholic Health Association of the United States and America’s Essential Hospitals in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (KMP) [Entered: 06/29/2023 04:05 PM] |
| 06/30/2023 | 236 | APPEARANCE FORM FILED by Attorney(s) Claire Prestel for party(s) Amicus Curiae SEIU, in case 23-10326 [23-10326] (RSM) [Entered: 06/30/2023 08:06 AM] |
| 07/03/2023 | 238 | APPEARANCE FORM FILED by Attorney Andrew H. DeVoogd for Amicus Curiae National Alliance of State and Territorial AIDS Directors in 23-10326, Attorney Andrew H. DeVoogd for Amicus Curiae HIV Medicine Association of the Infectious Disease Society of America in 23-10326 [23-10326] (RSM) [Entered: 07/03/2023 09:33 AM] |
| 07/03/2023 | 239 | APPEARANCE FORM FILED by Attorney Kwaku A. Akowuah for Amicus Curiae Gilead Sciences, Incorporated in 23-10326 [23-10326] (RSM) [Entered: 07/03/2023 09:37 AM] |
| 07/03/2023 | 241 | APPEARANCE FORM FILED by Attorney(s) Madeleine Joseph for party(s) Amicus Curiae Gilead Sciences, Incorporated, in case 23-10326 [23-10326] (RSM) [Entered: 07/03/2023 10:27 AM] |
| 07/03/2023 | 243 | PROPOSED SUFFICIENT BRIEF filed by Amici Curiae ACA Consumer Advocacy, AcademyHealth, AcademyHealth, Colorado Consumer Health Initiative, Committee to Protect Health Care, Community Catalyst, Consumers for Affordable Health Care, Michigan League for Public Policy, National Partnership for Women and Families, New Day Nevada, Pennsylvania Health Access Network, Protect Our Care, Shriver Center on Poverty Law, United States of Care, Utah Health Policy Project, West Virginians for Affordable Health Care and Young Invincibles [234] Date of service: 07/03/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Chan, Chisholm, DeVoogd, Eisenberg, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pincus, Prestel, Rivera, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Daniel Jarcho ) [Entered: 07/03/2023 03:13 PM] |
| 07/05/2023 | 244 | PROPOSED SUFFICIENT BRIEF filed by American Heart Association, Public Citizen, Campaign for Tobacco-Free Kids, American Lung Association, Families USA, Parents Against Vaping e-cigarettes, Truth Initiative Foundation, Adult Vaccine Access Coalition, GO2 for Lung Cancer, LUNGevity Foundation, Public Health Law Center and AcademyHealth in 23-10326 [178] Brief has been deemed sufficient. [23-10326] (MFY) [Entered: 07/05/2023 11:21 AM] |
| 07/05/2023 | 245 | PROPOSED SUFFICIENT BRIEF filed by Gilead Sciences, Incorporated in 23-10326 [221] Brief has been deemed sufficient. Sufficient Brief deadline satisfied [23-10326] (MFY) [Entered: 07/05/2023 11:30 AM] |
| 07/07/2023 | 246 | Paper copies of Amicus Brief filed by State of Connecticut, State of Illinois, State of Maryland, State of Oregon, State of Delaware, State of Nevada, State of Wisconsin, State of New Mexico, State of California, State of Hawaii, State of North Carolina, State of Rhode Island, State of Washington, State of New York, State of Colorado, State of Pennsylvania, State of Arizona, State of Massachusetts, District of Columbia, State of Vermont, State of Michigan, State of Maine, State of Minnesota and State of New Jersey in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (KMP) [Entered: 07/07/2023 11:59 AM] |
| 07/14/2023 | 248 | Paper copies of Amicus Brief filed by Amici Curiae National Partnership for Women and Families, Community Catalyst, Young Invincibles, United States of Care, Michigan League for Public Policy, West Virginians for Affordable Health Care, Consumers for Affordable Health Care, New Day Nevada, Shriver Center on Poverty Law, AcademyHealth, AcademyHealth, Colorado Consumer Health Initiative, Pennsylvania Health Access Network, Committee to Protect Health Care, Utah Health Policy Project, Protect Our Care and ACA Consumer Advocacy in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (KMP) [Entered: 07/14/2023 08:23 AM] |
| 07/14/2023 | 249 | Paper copies of Amicus Brief filed by Gilead Sciences, Incorporated in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (KMP) [Entered: 07/14/2023 08:49 AM] |
| 07/19/2023 | 250 | Paper copies of Amicus Brief filed by American Public Health Association, ChangeLab Solutions, Public Health Deans and Scholars, Robert Wood Johnson Foundation and Trust for Americas Health in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (CBW) [Entered: 07/19/2023 04:24 PM] |
| 07/19/2023 | 251 | PROPOSED SUFFICIENT BRIEF filed by HIV and Hepatitis Policy Institute, AIDS Alabama, AIDS Foundation of Chicago, AIDS United and American Academy of HIV Medicine in 23-10326 [165] Brief has been deemed insufficient. Additional corrections required: INSUFFICIENT FOR: BRIEF MUST INCLUDE A CONSENT IF NOT FILING A MOTION. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Brief deadline updated to 08/07/2023 for Amici Curiae HIV and Hepatitis Policy Institute, AIDS Alabama, AIDS Foundation of Chicago, AIDS United and American Academy of HIV Medicine [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: PROPOSED SUFFICIENT BRIEF filed by Amici Curiae American Academy of HIV Medicine, AIDS United, AIDS Foundation of Chicago, AIDS Alabama and HIV and Hepatitis Policy Institute [165] Date of service: 07/19/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Chan, Chisholm, DeVoogd, Eisenberg, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pincus, Prestel, Rivera, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Richard Hughes IV) [Entered: 07/19/2023 07:44 PM] |
| 07/20/2023 | 252 | Paper copies of Amicus Brief filed by Susan G. Komen Breast Cancer Foundation, Incorporated in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (CBW) [Entered: 07/20/2023 07:57 AM] |
| 07/26/2023 | 253 | Paper copies of Brief [233] received as sufficient. Sufficient Paper Copies of Brief due deadline satisfied. [23-10326] (MFY) [Entered: 07/26/2023 09:19 AM] |
| 07/26/2023 | 254 | Paper copies of Amicus Brief filed by American Heart Association, Public Citizen, Campaign for Tobacco-Free Kids, American Lung Association, Families USA, Parents Against Vaping e-cigarettes, Truth Initiative Foundation, Adult Vaccine Access Coalition, GO2 for Lung Cancer, LUNGevity Foundation, Public Health Law Center and AcademyHealth in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (KMP) [Entered: 07/26/2023 10:02 AM] |
| 08/07/2023 | 255 | CROSS APPELLANT’S BRIEF FILED # of Copies Provided: 0 XA/Pet Brief deadline satisfied. XE/Res’s Brief due on 09/29/2023 for Appellants/Cross-Appellees Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Julie A. Su, Acting Secretary, U.S. Department of Labor, United States of America and Janet Yellen, Secretary, U.S. Department of Treasure. Cross Appellant’s Reply Brief due on 09/29/2023 for Appellees/Cross-Appellants Braidwood Management, Incorporated, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman and Joel Starnes [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: CROSS APPELLANT’S BRIEF FILED by Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell, Mr. Joel Miller, Mr. Gregory Scheideman and Mr. Joel Starnes. Date of service: 08/07/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Chan, Chisholm, DeVoogd, Eisenberg, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pincus, Prestel, Rivera, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Jonathan F. Mitchell ) [Entered: 08/07/2023 11:53 PM] |
| 08/14/2023 | 258 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Lanora Christine Pettit ) [Entered: 08/14/2023 12:14 PM] |
| 08/14/2023 | 259 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Jay R. Carson ) [Entered: 08/14/2023 01:25 PM] |
| 08/14/2023 | 260 | SUFFICIENT AMICUS CURIAE BRIEF FILED by Buckeye Institute. The Consent is Included in the Brief. # of Copies Provided: 0 Sufficient Brief deadline satisfied [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Buckeye Institute. The Consent is Included in the Brief. Additionally the Brief requires caption correction. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 08/29/2023 for Amicus Curiae Buckeye Institute. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by The Buckeye Institute. Date of service: 08/14/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Chan, Chisholm, DeVoogd, Eisenberg, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pincus, Prestel, Rivera, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Jay R. Carson ) [Entered: 08/14/2023 01:28 PM] |
| 08/14/2023 | 262 | AMICUS CURIAE BRIEF FILED by The State of Texas. Consent is Not Necessary as Amicus is a Government Entity. # of Copies Provided: 0 [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by State of Texas. Date of service: 08/14/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Chan, Chisholm, DeVoogd, Eisenberg, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pincus, Prestel, Rivera, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Lanora Christine Pettit ) [Entered: 08/14/2023 10:07 PM] |
| 08/15/2023 | 263 | Paper copies of Amicus Brief filed by HIV Medicine Association of the Infectious Disease Society of America, National Alliance of State and Territorial AIDS Directors in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (KMP) [Entered: 08/15/2023 09:07 AM] |
| 08/15/2023 | 267 | PROPOSED SUFFICIENT BRIEF filed by Amicus Curiae Buckeye Institute [260] Date of service: 08/15/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Carson, Chan, Chisholm, DeVoogd, Eisenberg, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pettit, Pincus, Prestel, Rivera, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Jay R. Carson ) [Entered: 08/15/2023 04:20 PM] |
| 08/16/2023 | 268 | APPEARANCE FORM FILED by Attorney Lanora Christine Pettit for Amicus Curiae State of Texas in 23-10326 [23-10326] (LEF) [Entered: 08/16/2023 03:49 PM] |
| 08/16/2023 | 269 | APPEARANCE FORM FILED by Attorney Jay R. Carson for Amicus Curiae Buckeye Institute in 23-10326 [23-10326] (LEF) [Entered: 08/16/2023 03:54 PM] |
| 08/18/2023 | 270 | PROPOSED SUFFICIENT BRIEF filed by Amici Curiae American Academy of HIV Medicine, AIDS United, AIDS Foundation of Chicago, AIDS Alabama and HIV and Hepatitis Policy Institute [165] Date of service: 08/18/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Carson, Chan, Chisholm, DeVoogd, Eisenberg, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pettit, Pincus, Prestel, Rivera, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Richard Hughes IV) [Entered: 08/18/2023 02:16 PM] |
| 08/25/2023 | 271 | Paper copies of Amicus Brief filed by Buckeye Institute and Amicus Curiae Buckeye Institute in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (KMP) [Entered: 08/25/2023 08:18 AM] |
| 09/06/2023 | 272 | Paper copies of Amicus Brief filed by HIV and Hepatitis Policy Institute, AIDS Alabama, AIDS Foundation of Chicago, AIDS United, American Academy of HIV Medicine and Amici Curiae HIV and Hepatitis Policy Institute, AIDS Alabama, AIDS Foundation of Chicago, AIDS United and American Academy of HIV Medicine in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (RSM) [Entered: 09/06/2023 12:48 PM] |
| 09/29/2023 | 273 | CROSS APPELLEE ‘S BRIEF FILED # of Copies Provided: 0 XE/Res Brief deadline satisfied. XA/Pet’s Reply Brief due on 11/03/2023 for Appellees/Cross-Appellants Braidwood Management, Incorporated, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman and Joel Starnes [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: CROSS APPELLEE ‘S BRIEF FILED by Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor and USA Date of service: 09/29/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Carson, Chan, Chisholm, DeVoogd, Eisenberg, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pettit, Pincus, Prestel, Rivera, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Daniel J. Aguilar ) [Entered: 09/29/2023 12:15 PM] |
| 10/06/2023 | 274 | AMICUS CURIAE BRIEF FILED by American Public Health Association, ChangeLab Solutions, Robert Wood Johnson Foundation and Trust for Americas Health. The Consent is Included in the Brief. # of Copies Provided: 0 [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by American Public Health Association, Public Health Deans and Scholars, The Robert Wood Johnson Foundation, and Public Health Advocates. Date of service: 10/06/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Carson, Chan, Chisholm, DeVoogd, Eisenberg, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pettit, Pincus, Prestel, Rivera, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Andrew John Pincus ) [Entered: 10/06/2023 12:59 PM] |
| 10/06/2023 | 275 | APPEARANCE FORM for the court’s review. Lead Counsel? No. [23-10326] (Carrie Yvette Flaxman ) [Entered: 10/06/2023 03:01 PM] |
| 10/06/2023 | 276 | CORRECTED AMICUS CURIAE BRIEF FILED by Society of Laparoscopic and Robotic Surgeons, Society for Maternal-Fetal Medicine, Renal Physicians Association, National Medical Association, National Hispanic Medical Association, GLMA: Health Professionals Advancing LGBTQ+Equality, American Society of Nephrology, American Society for Gastrointestinal Endoscopy, American Society of Clinical Oncology, American Psychiatric Association, American Gastroenterological Association, American College of Preventive Medicine, American College of Physicians, American College of Occupational and Environmental Medicine, American College of Obstetricians and Gynecologists, American College of Lifestyle Medicine, American Academy of Pediatrics, American Academy of Ophthalmology, Aerospace Medical Association and American Medical Association. The Consent is Included in the Brief. # of Copies Provided: 0 [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by AMERICAN MEDICAL ASSOCIATION, AEROSPACE MEDICAL ASSOCIATION, AMERICAN ACADEMY OF OPHTHALMOLOGY, AMERICAN ACADEMY OF PEDIATRICS, AMERICAN COLLEGE OF LIFESTYLE MEDICINE, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, ET AL. Date of service: 10/06/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Carson, Chan, Chisholm, DeVoogd, Eisenberg, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pettit, Pincus, Prestel, Rivera, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Carrie Yvette Flaxman ) [Entered: 10/06/2023 03:15 PM] |
| 10/06/2023 | 277 | APPEARANCE FORM for the court’s review. Lead Counsel? Yes. [23-10326] (Alison Ann Tanner ) [Entered: 10/06/2023 08:38 PM] |
| 10/06/2023 | 278 | AMICUS CURIAE BRIEF FILED by National Women’s Law Center. The Consent is Included in the Brief. # of Copies Provided: 0 [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by National Women’s Law Center. Date of service: 10/06/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Carson, Chan, Chisholm, DeVoogd, Eisenberg, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pettit, Pincus, Prestel, Rivera, Sansone, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Alison Ann Tanner ) [Entered: 10/06/2023 08:42 PM] |
| 10/10/2023 | 280 | APPEARANCE FORM FILED by Attorney Carrie Yvette Flaxman for Amicus Curiae Society of Laparoscopic and Robotic Surgeons in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae Society for Maternal-Fetal Medicine in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae Renal Physicians Association in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae National Medical Association in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae National Hispanic Medical Association in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae GLMA: Health Professionals Advancing LGBTQ+Equality in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae American Society of Nephrology in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae American Society for Gastrointestinal Endoscopy in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae American Society of Clinical Oncology in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae American Psychiatric Association in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae American Gastroenterological Association in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae American College of Preventive Medicine in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae American College of Physicians in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae American College of Occupational and Environmental Medicine in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae American College of Obstetricians and Gynecologists in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae American College of Lifestyle Medicine in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae American Academy of Pediatrics in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae American Academy of Ophthalmology in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae Aerospace Medical Association in 23-10326, Attorney Carrie Yvette Flaxman for Amicus Curiae American Medical Association in 23-10326 [23-10326] (RSM) [Entered: 10/10/2023 01:40 PM] |
| 10/10/2023 | 281 | APPEARANCE FORM FILED by Attorney Alison Ann Tanner for Amicus Curiae National Women’s Law Center in 23-10326 [23-10326] (RSM) [Entered: 10/10/2023 01:41 PM] |
| 10/11/2023 | 283 | LETTER filed by Amici Curiae Aerospace Medical Association, American Academy of Ophthalmology, American Academy of Pediatrics, American College of Lifestyle Medicine, American College of Obstetricians and Gynecologists, American College of Occupational and Environmental Medicine, American College of Physicians, American College of Preventive Medicine, American Gastroenterological Association, American Medical Association, American Psychiatric Association, American Society for Gastrointestinal Endoscopy, American Society of Clinical Oncology, American Society of Nephrology, GLMA: Health Professionals Advancing LGBTQ+Equality, National Hispanic Medical Association, National Medical Association, Renal Physicians Association, Society for Maternal-Fetal Medicine and Society of Laparoscopic and Robotic Surgeons In reference to ECF No. 276.. Date of Service: 10/11/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Carson, Chan, Chisholm, DeVoogd, Eisenberg, Flaxman, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pettit, Pincus, Prestel, Rivera, Sansone, Tanner, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Carrie Yvette Flaxman ) [Entered: 10/11/2023 03:49 PM] |
| 10/16/2023 | 284 | Paper copies of Amicus Brief filed by Amici Curiae American Public Health Association, ChangeLab Solutions, Robert Wood Johnson Foundation and Trust for Americas Health in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 0. [23-10326] (RSM) [Entered: 10/16/2023 08:51 AM] |
| 11/01/2023 | 285 | Paper copies of Amicus Brief filed by National Women’s Law Center in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (RSM) [Entered: 11/01/2023 08:54 AM] |
| 11/03/2023 | 286 | CROSS APPELLANT’S REPLY BRIEF FILED # of Copies Provided: 0 XA/Pet Reply Brief deadline satisfied [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: CROSS APPELLANT’S REPLY BRIEF FILED by Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell, Mr. Joel Miller, Mr. Gregory Scheideman and Mr. Joel Starnes Date of service: 11/03/2023 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Carson, Chan, Chisholm, DeVoogd, Eisenberg, Flaxman, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pettit, Pincus, Prestel, Rivera, Sansone, Tanner, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Jonathan F. Mitchell ) [Entered: 11/03/2023 11:44 PM] |
| 12/01/2023 | 294 | PAPER COPIES REQUESTED for the Amicus Brief filed by Amici Curiae American Heart Association, Public Citizen, Campaign for Tobacco-Free Kids, American Lung Association, Truth Initiative Foundation, Adult Vaccine Access Coalition, GO2 for Lung Cancer and LUNGevity Foundation in 23-10326 [55], Amicus Brief filed by Amici Curiae American Public Health Association and Public Health Deans and Scholars in 23-10326 [56], Amicus Brief filed by Amici Curiae American Medical Association, American Medical Women’s Association, American College of Obstetricians and Gynecologists, National Hispanic Medical Association, American Academy of Family Physicians, American Academy of Pediatrics, Society for Maternal-Fetal Medicine, National Medical Association, Infectious Diseases Society of America, American Thoracic Society, American College of Chest Physicians and American Society of Clinical Oncology in 23-10326 [57], Amicus Brief filed by Amici Curiae American Cancer Society, Epilepsy Foundation, American Cancer Society Cancer Action Network, Cystic Fibrosis Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Multiple Sclerosis Society, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, National Minority Quality Forum, National Patient Advocate Foundation, AIDS Institute and WomenHeart in 23-10326 [78], Amicus Brief filed by Amici Curiae American Hospital Association, Federation of American Hospitals, Association of American Medical Colleges, Catholic Health Association of the United States and America’s Essential Hospitals in 23-10326 [79], Amicus Brief filed by Amicus Curiae SEIU in 23-10326 [80], Record Excerpts filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 [158], Appellant Brief filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 [159], Amicus Brief filed by HIV and Hepatitis Policy Institute, AIDS Alabama, AIDS Foundation of Chicago, AIDS United, American Academy of HIV Medicine and Amici Curiae HIV and Hepatitis Policy Institute, AIDS Alabama, AIDS Foundation of Chicago, AIDS United and American Academy of HIV Medicine in 23-10326 [165], Amicus Brief filed by American Cancer Society, Epilepsy Foundation, American Cancer Society Cancer Action Network, Crohn’s and Colitis Foundation, Cystic Fibrosis Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Multiple Sclerosis Society, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, National Minority Quality Forum, National Patient Advocate Foundation, AIDS Institute and WomenHeart in 23-10326 [172], Amicus Brief filed by Blue Cross Blue Shield Association in 23-10326 [174], Amicus Brief filed by American Heart Association, Public Citizen, Campaign for Tobacco-Free Kids, American Lung Association, Families USA, Parents Against Vaping e-cigarettes, Truth Initiative Foundation, Adult Vaccine Access Coalition, GO2 for Lung Cancer, LUNGevity Foundation, Public Health Law Center and AcademyHealth in 23-10326 [178], Amicus Brief filed by State of Connecticut, State of Illinois, State of Maryland, State of Oregon, State of Delaware, State of Nevada, State of Wisconsin, State of New Mexico, State of California, State of Hawaii, State of North Carolina, State of Rhode Island, State of Washington, State of New York, State of Colorado, State of Pennsylvania, State of Arizona, State of Massachusetts, District of Columbia, State of Vermont, State of Michigan, State of Maine, State of Minnesota and State of New Jersey in 23-10326 [184], Amicus Brief filed by AARP, AARP Found and Amici Curiae AARP and AARP Found in 23-10326 [185], Amicus Brief filed by 49 Bipartisan Economic and Other Social Science Scholars in 23-10326 [186], Amicus Brief filed by American Public Health Association, ChangeLab Solutions, Public Health Deans and Scholars, Robert Wood Johnson Foundation and Trust for Americas Health in 23-10326 [187], Amicus Brief filed by Amici Curiae American Hospital Association, Federation of American Hospitals, Association of American Medical Colleges, Catholic Health Association of the United States and America’s Essential Hospitals in 23-10326 [188], Amicus Brief filed by National Health Law Program, Asian & Pacific Islander American Health Forum, Center for Medicare Advocacy, Justice in Aging, Public Justice Center, National Association of Pediatric Nurse Practitioners, National Black Justice Coalition, Transhealth, Alabama Disabilities Advocacy Program, Arizona Center for Law in the Public Interest, Center for Civil Justice, Community Legal Aid Society, Incorporated, Florida Health Justice Project, Indiana Justice Project, Kentucky Equal Justice Center, Nebraska Appleseed Center for Law in the Public Interest, Northwest Health Law Advocates and Tennessee Justice Center in 23-10326 [189], Amicus Brief filed by Susan G. Komen Breast Cancer Foundation, Incorporated in 23-10326 [190], Amicus Brief filed by Amicus Curiae SEIU in 23-10326 [197], Amicus Brief filed by AIDS Healthcare Foundation and Amicus Curiae AIDS Healthcare Foundation in 23-10326 [205], Amicus Brief filed by Gilead Sciences, Incorporated in 23-10326 [221], Amicus Brief filed by Amici Curiae American Medical Association, American Medical Women’s Association, American College of Obstetricians and Gynecologists, American College of Chest Physicians and American Society of Clinical Oncology in 23-10326 [222], Amicus Brief filed by Amici Curiae National Partnership for Women and Families, Community Catalyst, Young Invincibles, United States of Care, Michigan League for Public Policy, West Virginians for Affordable Health Care, Consumers for Affordable Health Care, New Day Nevada, Shriver Center on Poverty Law, AcademyHealth, AcademyHealth, Colorado Consumer Health Initiative, Pennsylvania Health Access Network, Committee to Protect Health Care, Utah Health Policy Project, Protect Our Care and ACA Consumer Advocacy in 23-10326 [234], Cross Appellant Brief filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell, Mr. Joel Starnes, Mr. Joel Miller and Mr. Gregory Scheideman in 23-10326 [255], Amicus Brief filed by Buckeye Institute and Amicus Curiae Buckeye Institute in 23-10326 [260], Amicus Brief filed by State of Texas in 23-10326 [262], Cross Appellee Brief filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 [273], Amicus Brief filed by Amici Curiae American Public Health Association, ChangeLab Solutions, Robert Wood Johnson Foundation and Trust for Americas Health in 23-10326 [274], Amicus Brief filed by American Medical Association, American College of Obstetricians and Gynecologists, American Psychiatric Association, National Hispanic Medical Association, American Academy of Pediatrics, American College of Physicians, Renal Physicians Association, Society for Maternal-Fetal Medicine, National Medical Association, American Society of Clinical Oncology, Aerospace Medical Association, American Academy of Ophthalmology, American College of Lifestyle Medicine, American College of Occupational and Environmental Medicine, American College of Preventive Medicine, American Gastroenterological Association, American Society for Gastrointestinal Endoscopy, American Society of Nephrology, GLMA: Health Professionals Advancing LGBTQ+Equality and Society of Laparoscopic and Robotic Surgeons in 23-10326 [276], Amicus Brief filed by National Women’s Law Center in 23-10326 [278], Appellant Reply Brief filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell, Mr. Joel Starnes, Mr. Joel Miller and Mr. Gregory Scheideman in 23-10326 [286]. Paper Copies of Brief due on 12/06/2023 for Amici Curiae 49 Bipartisan Economic and Other Social Science Scholars, ACA Consumer Advocacy, AIDS Alabama, AIDS Foundation of Chicago, AIDS Healthcare Foundation, AIDS Institute, AIDS United, AcademyHealth, Adult Vaccine Access Coalition, Aerospace Medical Association, Alabama Disabilities Advocacy Program, America’s Essential Hospitals, American Academy of Family Physicians, American Academy of HIV Medicine, American Academy of Ophthalmology, American Academy of Pediatrics, American Association of Retired Persons, American Association of Retired Persons Foundation, American Cancer Society, American Cancer Society Cancer Action Network, American College of Chest Physicians, American College of Lifestyle Medicine, American College of Obstetricians and Gynecologists, American College of Occupational and Environmental Medicine, American College of Physicians, American College of Preventive Medicine, American Gastroenterological Association, American Heart Association, American Hospital Association, American Kidney Fund, American Lung Association, American Medical Association, American Medical Women’s Association, American Psychiatric Association, American Public Health Association, American Society for Gastrointestinal Endoscopy, American Society of Clinical Oncology, American Society of Nephrology, American Thoracic Society, Arizona Center for Law in the Public Interest, Arthritis Foundation, Asian & Pacific Islander American Health Forum, Association of American Medical Colleges, Blue Cross Blue Shield Association, Buckeye Institute, Campaign for Tobacco-Free Kids, Cancer Support Community, CancerCare, Catholic Health Association of the United States, Center for Civil Justice, Center for Medicare Advocacy, ChangeLab Solutions, Colorado Consumer Health Initiative, Committee to Protect Health Care, Community Catalyst, Community Legal Aid Society, Incorporated, Consumers for Affordable Health Care, Crohn’s and Colitis Foundation, Cystic Fibrosis Foundation, District of Columbia, Epilepsy Foundation, Families USA, Federation of American Hospitals, Florida Health Justice Project, GLMA: Health Professionals Advancing LGBTQ+Equality, GO2 for Lung Cancer, Gilead Sciences, Incorporated, HIV Medicine Association of the Infectious Disease Society of America, HIV and Hepatitis Policy Institute, Hemophilia Federation of America, Indiana Justice Project, Infectious Diseases Society of America, Justice in Aging, Kentucky Equal Justice Center, LUNGevity Foundation, Leukemia and Lymphoma Society, Michigan League for Public Policy, National Alliance of State and Territorial AIDS Directors, National Association of Pediatric Nurse Practitioners, National Black Justice Coalition, National Health Law Program, National Hispanic Medical Association, National Medical Association, National Minority Quality Forum, National Multiple Sclerosis Society, National Partnership for Women and Families, National Patient Advocate Foundation, National Women’s Law Center, Nebraska Appleseed Center for Law in the Public Interest, New Day Nevada, Northwest Health Law Advocates, Parents Against Vaping e-cigarettes, Pennsylvania Health Access Network, Protect Our Care, Public Citizen, Public Health Deans and Scholars, Public Health Law Center, Public Justice Center, Renal Physicians Association, Robert Wood Johnson Foundation, Service Employees International Union, Shriver Center on Poverty Law, Society for Maternal-Fetal Medicine, Society of Laparoscopic and Robotic Surgeons, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Massachusetts, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Pennsylvania, State of Rhode Island, State of Texas, State of Vermont, State of Washington, State of Wisconsin, Susan G. Komen Breast Cancer Foundation, Incorporated, Tennessee Justice Center, Transhealth, Trust for Americas Health, Truth Initiative Foundation, United States of Care, Utah Health Policy Project, West Virginians for Affordable Health Care, WomenHeart and Young Invincibles, Appellants/Cross-Appellees Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Julie A. Su, Acting Secretary, U.S. Department of Labor, United States of America and Janet Yellen, Secretary, U.S. Department of Treasury and Appellees/Cross-Appellants Braidwood Management, Incorporated, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman and Joel Starnes.. Paper Copies of Record Excerpts due on 12/06/2023 for Appellants/Cross-Appellees United States of America and Janet Yellen, Secretary, U.S. Department of Treasury. [23-10326] (PFT) [Entered: 12/01/2023 03:26 PM] |
| 12/05/2023 | 297 | Paper copies of Amicus Brief filed by State of Texas in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 12/05/2023 02:13 PM] |
| 12/05/2023 | 298 | Paper copies of Amicus Brief filed by Blue Cross Blue Shield Association in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 12/05/2023 02:14 PM] |
| 12/06/2023 | 299 | Paper copies of Amicus Brief filed by Amicus Curiae SEIU in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 12/06/2023 01:52 PM] |
| 12/06/2023 | 300 | Paper copies of Amicus Brief filed by National Health Law Program, Asian & Pacific Islander American Health Forum, Center for Medicare Advocacy, Justice in Aging, Public Justice Center, National Association of Pediatric Nurse Practitioners, National Black Justice Coalition, Transhealth, Alabama Disabilities Advocacy Program, Arizona Center for Law in the Public Interest, Center for Civil Justice, Community Legal Aid Society, Incorporated, Florida Health Justice Project, Indiana Justice Project, Kentucky Equal Justice Center, Nebraska Appleseed Center for Law in the Public Interest, Northwest Health Law Advocates and Tennessee Justice Center in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 12/06/2023 02:03 PM] |
| 12/06/2023 | 301 | Paper copies of Amicus Brief filed by AARP, AARP Found and Amici Curiae AARP and AARP Found in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (KMP) [Entered: 12/06/2023 02:13 PM] |
| 12/06/2023 | 302 | Paper copies of Amicus Brief filed by American Heart Association, Public Citizen, Campaign for Tobacco-Free Kids, American Lung Association, Families USA, Parents Against Vaping e-cigarettes, Truth Initiative Foundation, Adult Vaccine Access Coalition, GO2 for Lung Cancer, LUNGevity Foundation, Public Health Law Center and AcademyHealth in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (KMP) [Entered: 12/06/2023 02:21 PM] |
| 12/06/2023 | 303 | Paper copies of Amicus Brief filed by HIV and Hepatitis Policy Institute, AIDS Alabama, AIDS Foundation of Chicago, AIDS United, American Academy of HIV Medicine and Amici Curiae HIV and Hepatitis Policy Institute, AIDS Alabama, AIDS Foundation of Chicago, AIDS United and American Academy of HIV Medicine in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 12/06/2023 02:31 PM] |
| 12/06/2023 | 304 | Paper copies of Amicus Brief filed by Amicus Curiae SEIU in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (KMP) [Entered: 12/06/2023 02:33 PM] |
| 12/07/2023 | 305 | Paper copies of Cross Appellant Brief filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell, Mr. Joel Starnes, Mr. Joel Miller and Mr. Gregory Scheideman in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 12/07/2023 04:03 PM] |
| 12/07/2023 | 306 | Paper copies of Appellant Reply Brief filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell, Mr. Joel Starnes, Mr. Joel Miller and Mr. Gregory Scheideman in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-10326] (KMP) [Entered: 12/07/2023 04:05 PM] |
| 12/07/2023 | 307 | Paper copies of Appellant Brief filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 12/07/2023 04:10 PM] |
| 12/07/2023 | 309 | Paper copies of Record Excerpts filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [23-10326] (KMP) [Entered: 12/07/2023 04:16 PM] |
| 12/07/2023 | 310 | Paper copies of Amicus Brief filed by AIDS Healthcare Foundation and Amicus Curiae AIDS Healthcare Foundation in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 12/07/2023 04:19 PM] |
| 12/11/2023 | 311 | Paper copies of Amicus Brief filed by American Medical Association, American College of Obstetricians and Gynecologists, American Psychiatric Association, National Hispanic Medical Association, American Academy of Pediatrics, American College of Physicians, Renal Physicians Association, Society for Maternal-Fetal Medicine, National Medical Association, American Society of Clinical Oncology, Aerospace Medical Association, American Academy of Ophthalmology, American College of Lifestyle Medicine, American College of Occupational and Environmental Medicine, American College of Preventive Medicine, American Gastroenterological Association, American Society for Gastrointestinal Endoscopy, American Society of Nephrology, GLMA: Health Professionals Advancing LGBTQ+Equality and Society of Laparoscopic and Robotic Surgeons in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 12/11/2023 09:31 AM] |
| 12/12/2023 | 312 | AN ADDITIONAL 1 COPIES OF BRIEF FILED by Amici Curiae Aerospace Medical Association, American Academy of Ophthalmology, American Academy of Pediatrics, American College of Lifestyle Medicine, American College of Obstetricians and Gynecologists, American College of Occupational and Environmental Medicine, American College of Physicians, American College of Preventive Medicine, American Gastroenterological Association, American Medical Association, American Psychiatric Association, American Society for Gastrointestinal Endoscopy, American Society of Clinical Oncology, American Society of Nephrology, GLMA: Health Professionals Advancing LGBTQ+Equality, National Hispanic Medical Association, National Medical Association, Renal Physicians Association, Society for Maternal-Fetal Medicine and Society of Laparoscopic and Robotic Surgeons. [23-10326] (KMP) [Entered: 12/12/2023 10:08 AM] |
| 12/14/2023 | 313 | Paper copies of Amicus Brief filed by American Cancer Society, Epilepsy Foundation, American Cancer Society Cancer Action Network, Crohn’s and Colitis Foundation, Cystic Fibrosis Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Multiple Sclerosis Society, American Kidney Fund, Arthritis Foundation, CancerCare, Cancer Support Community, National Minority Quality Forum, National Patient Advocate Foundation, AIDS Institute and WomenHeart in 23-10326 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-10326] (KMP) [Entered: 12/14/2023 12:17 PM] |
| 12/26/2023 | 314 | CASE TENTATIVELY calendared for oral argument for the week of 03/04/2024. [23-10326] (CBW) [Entered: 12/26/2023 10:48 AM] |
| 01/08/2024 | 316 | LETTER OF ADVISEMENT. Reason: request for paper copies of briefs [23-10326] (MFY) [Entered: 01/08/2024 10:42 AM] |
| 01/23/2024 | 317 | CASE CALENDARED for oral argument on Monday, 03/04/2024 in New Orleans in the West Courtroom — PM session. The courtroom deputy assigned to your case is Pamela F. Trice. See the letter attached for full contact information.. [23-10326] (PFT) [Entered: 01/23/2024 03:24 PM] |
| 01/23/2024 | 319 | ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Mr. Jonathan F. Mitchell for Appellees/Cross-Appellants Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell, Mr. Joel Miller, Mr. Gregory Scheideman and Mr. Joel Starnes [23-10326] (Jonathan F. Mitchell ) [Entered: 01/23/2024 04:46 PM] |
| 01/30/2024 | 321 | ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Mr. Daniel J. Aguilar for Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury [23-10326] (Daniel J. Aguilar ) [Entered: 01/30/2024 01:42 PM] |
| 03/04/2024 | 322 | ORAL ARGUMENT HEARD before Judges Willett, Wilson, Ramirez. Arguing Person Information Updated for: Daniel J. Aguilar arguing for Appellant/Cross-Appellee Secretary Becerra, U.S. Department of Health and Human Services, Appellant/Cross-Appellee Acting Secretary Su, U.S. Department of Labor, Appellant/Cross-Appellee United States of America; Arguing Person Information Updated for: Jonathan F. Mitchell arguing for Appellee/Cross-Appellant Joel Miller, Appellee/Cross-Appellant Gregory Scheideman, Appellee/Cross-Appellant Incorporated Braidwood Management, Appellee/Cross-Appellant Kelley Orthodontics, Appellee/Cross-Appellant John Scott Kelley, Appellee/Cross-Appellant Ashley Maxwell, Appellee/Cross-Appellant Zach Maxwell [23-10326] (PFT) [Entered: 03/05/2024 07:47 AM] |
| 03/14/2024 | 324 | SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellees/Cross-Appellants Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell, Mr. Joel Miller, Mr. Gregory Scheideman and Mr. Joel Starnes Date of Service: 03/14/2024 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Carson, Chan, Chisholm, DeVoogd, Eisenberg, Flaxman, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pettit, Pincus, Prestel, Rivera, Sansone, Tanner, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Jonathan F. Mitchell ) [Entered: 03/14/2024 10:31 PM] |
| 03/21/2024 | 326 | RESPONSE filed to the 28j Letter filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Mr. John Scott Kelley, Kelley Orthodontics, Ms. Ashley Maxwell, Mr. Zach Maxwell, Mr. Joel Starnes, Mr. Joel Miller and Mr. Gregory Scheideman in 23-10326 [324] [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RESPONSE filed by Appellants/Cross-Appellees USA, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Janet Yellen, Secretary, U.S. Department of Treasury and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor to the filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell, Mr. Joel Miller, Mr. Gregory Scheideman and Mr. Joel Starnes [324] Date of Service: 03/21/2024 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Carson, Chan, Chisholm, DeVoogd, Eisenberg, Flaxman, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pettit, Pincus, Prestel, Rivera, Sansone, Tanner, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Daniel J. Aguilar ) [Entered: 03/21/2024 07:45 PM] |
| 03/26/2024 | 328 | REPLY filed by [328] to the 28j Response/Opposition filed by Appellants/Cross-Appellees USA, Ms. Janet Yellen, Secretary, U.S. Department of Treasury, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor in 23-10326 [326]. Date of Service: 03/26/2024. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RESPONSE filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell, Mr. Joel Miller, Mr. Gregory Scheideman and Mr. Joel Starnes to the filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell, Mr. Joel Miller, Mr. Gregory Scheideman and Mr. Joel Starnes [324] Date of Service: 03/26/2024 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Carson, Chan, Chisholm, DeVoogd, Eisenberg, Flaxman, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pettit, Pincus, Prestel, Rivera, Sansone, Tanner, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Jonathan F. Mitchell ) [Entered: 03/26/2024 12:55 AM] |
| 04/30/2024 | 330 | LETTER filed Jordan Peter Ascher is no longer representing Blue Cross Blue Shield Association. [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: LETTER filed by Amicus Curiae Blue Cross Blue Shield Association Notice of Withdrawal of Appearance – only for attorney, Jordan Peter Ascher.. Date of Service: 04/30/2024 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Ascher, Blalack, Boyle, Carson, Chan, Chisholm, DeVoogd, Eisenberg, Flaxman, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pettit, Pincus, Prestel, Rivera, Sansone, Tanner, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Jordan Ascher ) [Entered: 04/30/2024 10:26 AM] |
| 04/30/2024 | 331 | ATTORNEY NOT PARTICIPATING. Jordan Peter Ascher is designated as inactive in this case. Reason:he is no longer representing Blue Cross Blue Shield Association in accordance with the notice filed today.. [23-10326] (LEF) [Entered: 04/30/2024 01:32 PM] |
| 06/15/2024 | 332 | SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED [23-10326] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellees/Cross-Appellants Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell, Mr. Joel Miller, Mr. Gregory Scheideman and Mr. Joel Starnes Date of Service: 06/15/2024 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Blalack, Boyle, Carson, Chan, Chisholm, DeVoogd, Eisenberg, Flaxman, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pettit, Pincus, Prestel, Rivera, Sansone, Tanner, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Jonathan F. Mitchell ) [Entered: 06/15/2024 03:36 PM] |
| 06/17/2024 | 334 | SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury Date of Service: 06/17/2024 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Blalack, Boyle, Carson, Chan, Chisholm, DeVoogd, Eisenberg, Flaxman, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pettit, Pincus, Prestel, Rivera, Sansone, Tanner, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Daniel J. Aguilar ) [Entered: 06/17/2024 04:03 PM] |
| 06/18/2024 | 336 | RESPONSE filed by Appellants/Cross-Appellees Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Ms. Julie A. Su, Acting Secretary, U.S. Department of Labor, USA and Ms. Janet Yellen, Secretary, U.S. Department of Treasury to the filed by Appellees/Cross-Appellants Braidwood Management, Incorporated, Kelley Orthodontics, Mr. John Scott Kelley, Ms. Ashley Maxwell, Mr. Zach Maxwell, Mr. Joel Miller, Mr. Gregory Scheideman and Mr. Joel Starnes [332] Date of Service: 06/18/2024 via email – Attorney for Appellants/Cross-Appellees: Aguilar, Klein, Raab, Stoltz; Attorney for Amici Curiae: Akowuah, Blalack, Boyle, Carson, Chan, Chisholm, DeVoogd, Eisenberg, Flaxman, Frederick, Gitomer, Hellman, Hughes, Hunger, Jarcho, Johnson, Joseph, Marotta, Perkins, Petronio, Pettit, Pincus, Prestel, Rivera, Sansone, Tanner, Willner, Zieve; Attorney for Appellees/Cross-Appellants: Fillmore, Hamilton, Mitchell; US mail – Attorney for Appellant/Cross-Appellee: Lynch [23-10326] (Daniel J. Aguilar ) [Entered: 06/18/2024 08:24 PM] |
| 06/21/2024 | 339 | PUBLISHED OPINION FILED. [23-10326 Affirmed in Part ] Judge: DRW , Judge: CTW , Judge: ICR Mandate issue date is 08/13/2024 [23-10326] (LEF) [Entered: 06/21/2024 10:48 AM] |
| 06/21/2024 | 340 | JUDGMENT ENTERED AND FILED. [23-10326] (LEF) [Entered: 06/21/2024 10:51 AM] |
Last updated 07/04/2024
Reconciled with online docket 06/22/2024