8th Cir. 21-1890 Docket

Religious Sisters of Mercy v. Becerra
No. 21-1890, Case History (under construction)

Court: U.S. Court of Appeals for the Eighth Circuit
Panel: Judges Lavenski R. Smith, Raymond W. Gruender, and Jonathan A. Kobes

Number Date Filed Docket Text
14241454 04/21/2021 Doc Civil case docketed. [5027895] [21-1890] (CBO) [Entered: 04/21/2021 03:09 PM]
14241470 04/21/2021 Doc Originating court document filed consisting of docket entries, memorandum and order filed 1/19/2021, order filed 2/19/2021, judgment filed 2/19/2021, and notice of appeal filed 4/20/2021. [5027907] [21-1890] (CBO) [Entered: 04/21/2021 03:23 PM]
14241474 04/21/2021 Doc BRIEFING SCHEDULE SET AS FOLLOWS:
Transcript due on or before 06/01/2021. Appendix due 06/10/2021. BRIEF APPELLANT, Xavier Becerra, Charlotte Burrows, United States Department of Health and Human Services and United States Equal Employment Opportunity Commission due 06/10/2021
Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant.
[5027909] [21-1890] (CBO) [Entered: 04/21/2021 03:25 PM]
14241599 04/21/2021 Doc APPEARANCE filed by Ashley A. Cheung for Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission w/service 04/21/2021 [5027967] [21-1890] (AAC) [Entered: 04/21/2021 07:12 PM]
14241602 04/21/2021 Doc APPEARANCE filed by Marleigh D. Dover for Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission w/service 04/21/2021 [5027968] [21-1890] (AAC) [Entered: 04/21/2021 07:17 PM]
14241605 04/21/2021 Doc APPEARANCE filed by Charles W. Scarborough for Appellants Ms. Charlotte Burrows, HHS, Mr. Xavier Becerra and United States Equal Employment Opportunity Commission w/service 04/21/2021 [5027969] [21-1890] (AAC) [Entered: 04/21/2021 07:24 PM]
14242337 04/22/2021 Doc APPEARANCE filed by L. Martin Nussbaum for Appellees Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo w/service 04/22/2021 [5028328] [21-1890] (LMN) [Entered: 04/22/2021 04:03 PM]
14242352 04/22/2021 Doc APPEARANCE filed by Ian Speir for Appellees Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo w/service 04/22/2021 [5028331] [21-1890] (ISS) [Entered: 04/22/2021 04:07 PM]
14243815 04/26/2021 Doc CORPORATE disclosure statement filed by Appellees Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo. – FOR CAL [5029049] [21-1890] (ISS) [Entered: 04/26/2021 11:49 AM]
14244509 04/27/2021 Doc APPEARANCE filed by Joseph C. Davis for Appellees The Religious Sisters of Mercy, Sacred Heart Mercy Health Care Center, SMP Health System and University of Mary w/service 04/27/2021 [5029383] [21-1890] (JCD) [Entered: 04/27/2021 09:06 AM]
14244522 04/27/2021 Doc APPEARANCE filed by Luke W. Goodrich for Appellees The Religious Sisters of Mercy, Sacred Heart Mercy Health Care Center, SMP Health System and University of Mary w/service 04/27/2021 [5029387] [21-1890] (LWG) [Entered: 04/27/2021 09:13 AM]
14244538 04/27/2021 Doc APPEARANCE filed by Mark L. Rienzi for Appellees The Religious Sisters of Mercy, Sacred Heart Mercy Health Care Center, SMP Health System and University of Mary w/service 04/27/2021 [5029395] [21-1890] (MR) [Entered: 04/27/2021 09:22 AM]
14244721 04/27/2021 Doc APPEARANCE filed by Daniel L. Chen for Appellees The Religious Sisters of Mercy, Sacred Heart Mercy Health Care Center, SMP Health System and University of Mary w/service 04/27/2021 [5029488] [21-1890] (DC) [Entered: 04/27/2021 10:34 AM]
14245585 04/28/2021 Doc CORPORATE disclosure statement filed by Appellees The Religious Sisters of Mercy, Sacred Heart Mercy Health Care Center, SMP Health System and University of Mary. – FOR CAL [5029903] [21-1890] (LWG) [Entered: 04/28/2021 09:58 AM]
14249006 05/03/2021 Doc METHOD of appendix preparation filed by Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, United States Equal Employment Opportunity Commission and HHS – Separate Appendix – w/service 05/03/2021 [5031533] [21-1890] (AAC) [Entered: 05/03/2021 04:27 PM]
14250675 05/05/2021 Doc STATEMENT of issues filed by Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission – w/service 05/05/2021. [5032388] [21-1890] (AAC) [Entered: 05/05/2021 01:37 PM]
14250683 05/05/2021 Doc Certificate of transcript filed by Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission. Transcript ordered- Motion Hearing held on 1/14/2021. [5032391] [21-1890]
–[Edited 05/05/2021 by BNW to show which transcript was ordered] (AAC) [Entered: 05/05/2021 01:39 PM]
14269240 06/02/2021 Doc Motion of Court Reporter Ms. Kelly A. Kroke for extension of time to file transcript until 07/12/2021. w/service 06/02/2021. [5041493] [21-1890] (KAK) [Entered: 06/02/2021 03:53 PM]
14269416 06/03/2021 Doc CLERK ORDER:Granting 5041493-2 Court Reporter motion for extension of time to file transcript filed by Ms. Kelly A. Kroke. Transcript now due on 07/12/2021. Brief of Xavier Becerra, Charlotte Burrows, United States Department of Health and Human Services and United States Equal Employment Opportunity Commission due 07/26/2021. Appendix due on 07/26/2021. [5041577] [21-1890] (BNW) [Entered: 06/03/2021 08:28 AM]
Locked 06/15/2021 APPELLANT brief of Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5045763] [21-1890] (AAC) [Entered: 06/15/2021 05:31 PM]
Locked 06/15/2021 Addendum of APPELLANT submitted for review by Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5045764] [21-1890] (AAC) [Entered: 06/15/2021 05:33 PM]
14278442 06/16/2021 Doc Addendum deficiency notice sent to counsel, Attorney Ms. Ashley A. Cheung for Appellants United States Equal Employment Opportunity Commission, HHS, Mr. Xavier Becerra and Ms. Charlotte Burrows. New electronic copy of addendum due on 06/21/2021. [5045868] [21-1890] (BNW) [Entered: 06/16/2021 09:54 AM]
Locked 06/16/2021 Addendum of APPELLANT submitted for review by Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5045918] [21-1890] (AAC) [Entered: 06/16/2021 10:47 AM]
14278581 06/16/2021 Doc BRIEF FILED – APPELLANTS BRIEF filed by Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission w/service 06/16/2021. Length: 12,530 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Xavier Becerra, Charlotte Burrows, United States Department of Health and Human Services and United States Equal Employment Opportunity Commission due 06/21/2021 WITH certificate of service for paper briefs.
Brief(s) of Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association, Diocese of Fargo, SMP Health System, Sacred Heart Mercy Health Care Center, State of North Dakota, The Religious Sisters of Mercy and University of Mary due on 07/16/2021. [5045931] [21-1890] (BNW) [Entered: 06/16/2021 11:01 AM]
14278590 06/16/2021 Doc ADDENDUM of APPELLANTS FILED by Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission w/service 06/16/2021. [5045934] [21-1890] (BNW) [Entered: 06/16/2021 11:02 AM]
06/17/2021 Paper copies Appellant/Petitioner Brief, [5045931-2] filed by Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission 10 paper copies received. w/Addendum attached
[5046451] [21-1890] (CRJ) [Entered: 06/17/2021 01:53 PM]
14279643 06/17/2021 Doc Record Deficiency Sent to Attorney Ms. Ashley A. Cheung for Appellants United States Equal Employment Opportunity Commission, HHS, Mr. Xavier Becerra and Ms. Charlotte Burrows. Record Deficiency due on 06/22/2021. [5046455-1] [21-1890] (CRJ) [Entered: 06/17/2021 01:56 PM]
06/22/2021 RECORD FILED – APLNT/PET APPENDIX, 3 volumes, Comments: 3 copies
[5047752] [21-1890] (CRJ) [Entered: 06/22/2021 02:38 PM]
14290673 07/02/2021 Doc MOTION for extension of time to file brief until 08/16/2021, filed by Mr. Luke W. Goodrich for Appellees Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary, Mr. Daniel Lawrence Chen for Appellees Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary, Mr. Leonard Martin Nussbaum for Appellees Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo, Mr. Ian Seth Speir for Appellees Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo and Mr. Mark Leonard Rienzi for Appellees Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary w/service 07/02/2021. [5051716] [21-1890] (LWG) [Entered: 07/02/2021 05:48 PM]
14290717 07/06/2021 Doc CLERK ORDER: The appellees’ joint motion for extension of time to file briefs is granted [5051716-2]. Briefs of Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association, Diocese of Fargo, SMP Health System, Sacred Heart Mercy Health Care Center, State of North Dakota, The Religious Sisters of Mercy and University of Mary due 08/16/2021. [5051735] [21-1890] (BNW) [Entered: 07/06/2021 08:14 AM]
14295230 07/12/2021 Doc Motion of Court Reporter Ms. Kelly A. Kroke for extension of time to file transcript until 08/02/2021. w/service 07/12/2021. [5053855] [21-1890] (KAK) [Entered: 07/12/2021 02:01 PM]
14295318 07/12/2021 Doc CLERK ORDER:Granting [5053855-2] Court Reporter motion for extension of time to file transcript filed by Ms. Kelly A. Kroke. Transcript now due on 08/02/2021. Appellees brief of Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association, Diocese of Fargo, SMP Health System, Sacred Heart Mercy Health Care Center, State of North Dakota, The Religious Sisters of Mercy and University of Mary now due 09/03/2021. [5053891] [21-1890] (BNW) [Entered: 07/12/2021 03:00 PM]
08/23/2021 RECORD FILED – MOTION TRANSCRIPT, 1 volumes, Comments: District Court document #140 – Motion Hearing held on 01/14/2021[Copy do not return to the District Court at end of case], Source Location: USDC / ND
[5068063] [21-1890]–[Edited 08/23/2021 by STL] (STL) [Entered: 08/23/2021 10:03 AM]
Locked 09/03/2021 APPELLEE brief of Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5073196] [21-1890] (ISS) [Entered: 09/03/2021 07:52 PM]
Locked 09/03/2021 APPELLEE brief of Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5073197] [21-1890] (LWG) [Entered: 09/03/2021 10:47 PM]
09/03/2021 Addendum of APPELLEE submitted for review by Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association, Diocese of Fargo, Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5073198] [21-1890]
–[Edited 09/07/2021 by BNW] DOCUMENT LOCKED. Appendix attached. Appendix is only submitted in paper format. (LWG) [Entered: 09/03/2021 10:50 PM]
14335255 09/07/2021 Doc BRIEF FILED – APPELLEES BRIEF filed by Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo w/service 09/07/2021. Length: 12,943 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo due 09/13/2021 WITH certificate of service for paper briefs. Appellants’ reply brief deadline will be set once all appellees’ briefs have been filed. [5073643] [21-1890] (BNW) [Entered: 09/07/2021 03:00 PM]
14335961 09/08/2021 Doc CLERK LETTER sent regarding updated caption in case. The State of North Dakota is not an appellee. [5073981] [21-1890] (CBO) [Entered: 09/08/2021 11:33 AM]
14336002 09/08/2021 Doc BRIEF FILED – APPELLEES BRIEF filed by SMP Health System, Sacred Heart Mercy Health Care Center, The Religious Sisters of Mercy and University of Mary w/service 09/08/2021. Length: 12,974 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM SMP Health System, Sacred Heart Mercy Health Care Center, The Religious Sisters of Mercy and University of Mary due 09/13/2021 WITH certificate of service for paper briefs. Reply brief of Xavier Becerra, Charlotte Burrows, United States Department of Health and Human Services and United States Equal Employment Opportunity Commission due on 09/29/2021. [5074008] [21-1890] (BNW) [Entered: 09/08/2021 11:55 AM]
14337134 09/09/2021 Doc MOTION for extension of time to file brief until 10/20/2021, filed by Attorney Ms. Ashley A. Cheung for Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission w/service 09/09/2021. [5074562] [21-1890] (AAC) [Entered: 09/09/2021 01:58 PM]
14337657 09/10/2021 Doc CLERK ORDER:Granting [5074562-2] motion for extension of time to file brief filed by Ms. Ashley A. Cheung. Reply brief of Xavier Becerra, Charlotte Burrows, United States Department of Health and Human Services and United States Equal Employment Opportunity Commission due 10/20/2021. [5074824] [21-1890] (BNW) [Entered: 09/10/2021 08:30 AM]
09/10/2021 Paper copies Appellee/Respondent brief, [5074008-2] filed by SMP Health System, Sacred Heart Mercy Health Care Center, The Religious Sisters of Mercy and University of Mary 10 paper copies received.
[5074976] [21-1890] (CRJ) [Entered: 09/10/2021 10:48 AM]
09/10/2021 RECORD FILED – APLEE/RES APPENDIX of Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association, Diocese of Fargo, Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary, 3 volumes, Comments: 3 sets [5074999] [21-1890] (CRJ) [Entered: 09/10/2021 11:08 AM]
09/13/2021 Paper copies Appellee/Respondent brief, [5073643-2] filed by Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo 10 paper copies received. [5075743] [21-1890] (NDG) [Entered: 09/13/2021 02:21 PM]
09/23/2021

Please note that this case has been screened for oral argument. The exact date of your oral argument has not been determined at this time. You will be receiving a calendar approximately 4 weeks before the scheduled argument date. Please review the current and future argument dates immediately to determine if you have any conflicts.

 

Click Here to View Published Argument Calendars and Future Court Session Dates and Locations

 

If you do have conflicts with any of the argument dates, please inform this court by sending a letter using the ECF docketing event ‘Correspondence to Court’, ‘Letter filed’ ‘regarding availability for oral argument’. Your compliance with this policy will minimize the need for motions to continue or reschedule oral argument. The court also encourages you to notify the clerk if conflicts with these dates develop in the future. The clerk’s office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. [5080042] [21-1890] (MR) [Entered: 09/23/2021 12:58 PM]
14352991 10/01/2021 Doc LETTER from Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission regarding availability for oral argument. w/service 10/01/2021 [5082588] [21-1890] (AAC) [Entered: 10/01/2021 09:19 AM]
14353138 10/01/2021 Doc LETTER from Appellees The Religious Sisters of Mercy, Sacred Heart Mercy Health Care Center, SMP Health System and University of Mary regarding availability for oral argument. w/service 10/01/2021 [5082669] [21-1890] (LWG) [Entered: 10/01/2021 10:52 AM]
14353620 10/01/2021 Doc LETTER from Appellees Catholic Benefits Association, Diocese of Fargo, Catholic Charities of North Dakota and Catholic Medical Association regarding availability for oral argument. w/service 10/01/2021 [5082913] [21-1890] (ISS) [Entered: 10/01/2021 03:23 PM]
10/20/2021 REPLY to clerk order [5074824-2] filed by Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission w/service 10/20/2021. [5089525] [21-1890]
–[Edited 10/21/2021 by BNW] DOCUMENT LOCKED. Reply brief refiled correctly as a brief submitted for review. See history number [5089550]. (AAC) [Entered: 10/20/2021 05:01 PM]
LOCKED 10/20/2021 Doc REPLY brief of Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5089550] [21-1890] (BNW) [Entered: 10/21/2021 08:22 AM]
14367185 10/21/2021 Doc BRIEF FILED – APPELLANTS REPLY BRIEF filed by Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission w/service 10/21/2021. Length: 6,500 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Xavier Becerra, Charlotte Burrows, United States Department of Health and Human Services and United States Equal Employment Opportunity Commission due 10/26/2021 WITH certificate of service for paper briefs. [5089562] [21-1890] (BNW) [Entered: 10/21/2021 08:38 AM]
10/25/2021 Paper copies Reply brief, [5089562-2] filed by Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission 10 paper copies received.
[5090629] [21-1890] (AMT) [Entered: 10/25/2021 01:38 PM]
11/12/2021 SET FOR ARGUMENT – CASE PLACED ON CALENDAR – for Argument in St. Paul on Wednesday, December 15, 2021. To be heard before Judges Lavenski R. Smith, Raymond W. Gruender and Jonathan A. Kobes in Division I. The courtroom deputy will be Michelle Hyatt. All attorneys presenting oral argument must complete a Response Form. Click Here for the Complete Calendar
PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. If you are appointed counsel under the Criminal Justice Act and require airline transportation to oral argument, the court will issue a travel authorization the next business day.ACTION REQUIRED All attorneys presenting in-person oral argument must submit either a PDF of their vaccination card or proof of a recent negative COVID-19 test result. To submit your document, please file the document in CM/ECF using the “COVID-19 Certification for Oral Argument” event. This does not replace the need to file the Oral Argument Response Form.Click Here to View Courthouse Specific COVID-19 Requirements [5097196] [21-1890] (JMM) [Entered: 11/12/2021 03:36 PM]
14386586 11/18/2021 Doc ARGUMENT RESPONSE/APPEARANCE FORM filed by Ms. Ashley A. Cheung for Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission for argument in December, at the U.S. Courthouse in St. Paul, Minnesota. [5099104] [21-1890] (AAC) [Entered: 11/18/2021 11:19 AM]
11/18/2021 COVID-19 CERTIFICATION FOR ORAL ARGUMENT filed by Ms. Ashley A. Cheung for Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission. [5099108] [21-1890] (AAC) [Entered: 11/18/2021 11:22 AM]
14387097 11/18/2021 Doc ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Ian Seth Speir for Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo for argument in December, at the U.S. Courthouse in St. Paul, Minnesota. [5099352] [21-1890] (ISS) [Entered: 11/18/2021 04:01 PM]
14387109 11/18/2021 Doc ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Luke W. Goodrich for Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary The Religious Sisters of Mercy, Sacred Heart Mercy Health Care Center, SMP Health System, University of Mary for argument in December, at the U.S. Courthouse in St. Paul, Minnesota. [5099357] [21-1890] (LWG) [Entered: 11/18/2021 04:14 PM]
12/08/2021 COVID-19 CERTIFICATION FOR ORAL ARGUMENT filed by Mr. Joseph C. Davis for Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary. [5106081] [21-1890] (JCD) [Entered: 12/08/2021 04:49 PM]
12/13/2021 COVID-19 CERTIFICATION FOR ORAL ARGUMENT filed by Mr. Ian Seth Speir for Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo. [5107550] [21-1890] (ISS) [Entered: 12/13/2021 04:00 PM]
12/13/2021 COVID-19 CERTIFICATION FOR ORAL ARGUMENT filed by Mr. Ian Seth Speir for Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo. [5107601] [21-1890] (ISS) [Entered: 12/13/2021 07:22 PM]
12/13/2021 COVID-19 CERTIFICATION FOR ORAL ARGUMENT filed by Mr. Leonard Martin Nussbaum for Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo. [5107603] [21-1890] (ISS) [Entered: 12/13/2021 08:05 PM]
12/14/2021 COVID-19 CERTIFICATION FOR ORAL ARGUMENT filed by Mr. Luke W. Goodrich for Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary. [5107633] [21-1890] (LWG) [Entered: 12/14/2021 08:33 AM]
12/15/2021 ARGUED & SUBMITTED in St. Paul to Judges Lavenski R. Smith, Raymond W. Gruender, Jonathan A. Kobes on 12/15/2021
Ashley A. Cheung for Appellants United States Equal Employment Opportunity Commission, HHS, Mr. Xavier Becerra and Ms. Charlotte Burrows
Luke W. Goodrich for Appellees The Religious Sisters of Mercy, Sacred Heart Mercy Health Care Center, SMP Health System and University of Mary
Ian Speir for Appellees Catholic Medical Association, Catholic Benefits Association, Diocese of Fargo and Catholic Charities of North Dakota.
Rebuttal by Ashley A. Cheung for United States Equal Employment Opportunity Commission, HHS, Mr. Xavier Becerra and Ms. Charlotte Burrows RECORDED. Click Here To Listen to Oral Argument [5108410] [21-1890] (MMH) [Entered: 12/15/2021 12:31 PM]
14499132 05/03/2022 Doc 28(j) citation filed by Appellees The Religious Sisters of Mercy, SMP Health System, Sacred Heart Mercy Health Care Center and University of Mary w/service 05/03/2022 – FOR CAL [5153628] [21-1890] (LWG) [Entered: 05/03/2022 02:40 PM]
14501338 05/05/2022 Doc 28(j) citation filed by Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission w/service 05/05/2022 – FOR CAL [5154744] [21-1890] (AAC) [Entered: 05/05/2022 03:29 PM]
14512052 05/20/2022 Doc 28(j) citation filed by Appellees Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary w/service 05/20/2022 – FOR CAL [5159811] [21-1890] (LWG) [Entered: 05/20/2022 03:36 PM]
14513676 05/24/2022 Doc Response of Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission to 28(j) citation, [5159811-2], filed by Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary, 28(j) citation for Calendar, [5159811-3], filed by Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary. w/service 05/24/2022 – FOR CAL [5160608] [21-1890] (AAC) [Entered: 05/24/2022 11:19 AM]
14532502 06/21/2022 Doc

JUDGE ORDER: HHS has submitted a draft of a proposed rule implementing Section 1557 of the Affordable Care Act to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA). OIRA received the draft proposed rule on March 22, 2022. The status of the proposed rule is available at the following website: https://www.reginfo.gov/public/do/eoDetails?rrid=234566.

 

At least two district courts have stayed cases challenging rules implementing Section 1557 in light of the ongoing Notice of Proposed Rulemaking process. See Walker v. Azar, No. 20-cv-2834-FBS-MG (E.D.N.Y. May 20, 2022), R. Doc. 45, at 1 (status report letter); Whitman-Walker v. U.S. Dep’t of Health & Hum. Servs., No. 1:20-cv-01630 (D.D.C. Mar. 31, 2022), R. Doc. 82, at 1 (joint status report).

 

The parties are directed to submit responses on what, if any, effect HHS’s submission of the proposed rule has on the current appeal. These responses are due July 6, 2022. Hrg Dec 2021 [5169620] [21-1890] (BNW) [Entered: 06/21/2022 02:48 PM]
14543543 07/06/2022 Doc RESPONSE with no opposition to judge order to file a response [5169620-2], filed by Attorney Ms. Ashley A. Cheung for Appellants United States Equal Employment Opportunity Commission, HHS, Mr. Xavier Becerra and Ms. Charlotte Burrows w/service 07/06/2022. [5174767] [21-1890]
–[Edited 07/07/2022 by BNW to correct docket text] (AAC) [Entered: 07/06/2022 10:11 PM]
14543546 07/06/2022 Doc RESPONSE with no opposition to judge order to file a response [5169620-2], filed by Appellees Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association, Diocese of Fargo, SMP Health System, Sacred Heart Mercy Health Care Center, The Religious Sisters of Mercy and University of Mary w/service 07/06/2022. [5174768] [21-1890]
–[Edited 07/07/2022 by BNW to correct docket text] (LWG) [Entered: 07/06/2022 11:25 PM]
14551075 07/18/2022 Doc LETTER from Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission regarding Withdrawal as one of counsel for federal appellants. w/service 07/18/2022 [5178296] [21-1890] (MD) [Entered: 07/18/2022 04:11 PM]
14558551 07/28/2022 Doc 28(j) citation filed by Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, United States Equal Employment Opportunity Commission and HHS w/service 07/28/2022 – FOR CAL [5182018] [21-1890] (AAC) [Entered: 07/28/2022 04:49 PM]
14559202 07/29/2022 Doc Response of Appellees Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary to Appellants’ 28(j) citation [5182018-2], filed by Mr. Xavier Becerra, Ms. Charlotte Burrows, United States Equal Employment Opportunity Commission and HHS w/service 07/29/2022 – FOR CAL [5182316] [21-1890]–[Edited 08/15/2022 by MMH to add missing text] (LWG) [Entered: 07/29/2022 01:47 PM]
14566843 08/09/2022 Doc 28(j) citation filed by Appellees Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary w/service 08/09/2022 – FOR CAL [5185737] [21-1890] (LWG) [Entered: 08/09/2022 03:32 PM]
14567051 08/09/2022 Doc 28(j) citation filed by Appellees Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary w/service 08/09/2022 – FOR CAL [5185822] [21-1890] (LWG) [Entered: 08/09/2022 04:57 PM]
14569860 08/12/2022 Doc Response of Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission to Appellees’ 28(j) citation [5185737-2] filed by Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary w/service 08/12/2022 – FOR CAL [5187141] [21-1890]–[Edited 08/15/2022 by MMH to add missing text] (AAC) [Entered: 08/12/2022 11:29 PM]
14569863 08/12/2022 Doc Response of Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission to Appellees’ 28(j) citation [5185822-2] filed by Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary w/service 08/12/2022 – FOR CAL [5187142] [21-1890]–[Edited 08/15/2022 by MMH to add missing text] (AAC) [Entered: 08/12/2022 11:31 PM]
14581478 08/29/2022 Doc 28(j) citation filed by Appellees Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary w/service 08/29/2022 – FOR CAL [5192608] [21-1890] (LWG) [Entered: 08/29/2022 07:39 PM]
14585231 09/02/2022 Doc Response of Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission to , [5192608-2], filed by Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary, for Calendar, [5192608-3], filed by Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary. w/service 09/02/2022 – FOR CAL [5194448] [21-1890] (AAC) [Entered: 09/02/2022 01:23 PM]
14585634 09/02/2022 Doc 28(j) citation filed by Appellees Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo w/service 09/02/2022 – FOR CAL [5194651] [21-1890] (ISS) [Entered: 09/02/2022 06:31 PM]
11/29/2022 Doc 28(j) citation filed by Appellees The Religious Sisters of Mercy, Sacred Heart Mercy Health Care Center, SMP Health System and University of Mary w/service 11/29/2022 – FOR CAL [5222117] [21-1890] (LWG) [Entered: 11/29/2022 04:04 PM]
12/09/2022 Doc OPINION FILED – THE COURT: Lavenski R. Smith, Raymond W. Gruender and Jonathan A. Kobes
AUTHORING JUDGE:Lavenski R. Smith (PUBLISHED) [5225412] [21-1890] (BNW) [Entered: 12/09/2022 07:39 AM]
12/09/2022 Doc JUDGMENT FILED – The judgment of the originating court is AFFIRMED and REMANDED in accordance with the opinion. LAVENSKI R. SMITH, RAYMOND W. GRUENDER and JONATHAN A. KOBES Hrg Dec 2021 [5225414] [21-1890] (BNW) [Entered: 12/09/2022 07:52 AM]
12/23/2022 Doc MOTION for attorney fees and MOTION to remand attorney fees motion to district court, filed by Mr. Luke W. Goodrich for Appellees Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary and Mr. Ian Seth Speir for Appellees Catholic Benefits Association, Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo w/service 12/23/2022. [5230133] [21-1890]–[Edited 01/04/2023 by BNW to correct relief and docket text] (ISS) [Entered: 12/23/2022 04:33 PM]
12/23/2022 Doc ***LOCKED***Satisfaction of Costs received from Mr. Luke W. Goodrich for Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary. [5230139] [21-1890]–[Edited 12/28/2022 by NDG] This document has been locked as it has been refiled 12/27 by counsel under the correct event type (LWG) [Entered: 12/23/2022 05:06 PM]
12/23/2022 URL link(s) from court decision attached. [5230234] [21-1890] (AMT) [Entered: 12/27/2022 09:36 AM]
12/27/2022 Doc MOTION for bill of costs in the amount of 493.20, filed by Attorney Mr. Luke W. Goodrich for Appellees Sacred Heart Mercy Health Care Center, SMP Health System, The Religious Sisters of Mercy and University of Mary w/service 12/27/2022. [5230615] [21-1890] (LWG) [Entered: 12/27/2022 03:53 PM]
01/03/2023 Doc RESPONSE with no opposition to motion for attorney fees and motion to remand motion for aty fees to district court [5230133-2], filed by Attorney Ms. Ashley Cheung Honold for Appellants United States Equal Employment Opportunity Commission, HHS, Mr. Xavier Becerra and Ms. Charlotte Burrows w/service 01/03/2023. [5232116] [21-1890]
–[Edited 01/04/2023 by BNW to correct docket text] (ACH) [Entered: 01/03/2023 01:15 PM]
01/04/2023 Doc CLERK ORDER: The motion for bill of costs filed by Mr. Luke W. Goodrich is granted in part [5230615-2]. Amount of costs granted $492.70. [5232433] [21-1890] (BNW) [Entered: 01/04/2023 09:03 AM]
01/05/2023 Doc JUDGE ORDER: The appellees’ motion for attorneys’ fees is remanded to the district court for appropriate hearing and determination of the motion for attorneys’ fees [5230133-2]. Hrg Dec 2021 [5233165] [21-1890] (BNW) [Entered: 01/05/2023 03:26 PM]
01/23/2023 Doc PETITION for enbanc rehearing and also for rehearing by panel filed by Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission w/service 01/23/2023 [5238233] [21-1890] (ACH) [Entered: 01/23/2023 01:37 PM]
01/23/2023 Doc APPEARANCE filed by Andrew Nussbaum for Appellee Catholic Benefits Association w/service 01/23/2023 [5238335] [21-1890] (AN) [Entered: 01/23/2023 03:28 PM]
01/23/2023 Doc APPEARANCE filed by Andrew Nussbaum for Appellees Catholic Charities of North Dakota, Catholic Medical Association and Diocese of Fargo w/service 01/23/2023 [5238374] [21-1890] (AN) [Entered: 01/23/2023 03:55 PM]
01/23/2023 Doc PETITION for enbanc rehearing and also for rehearing by panel filed by Appellee Catholic Benefits Association w/service 01/23/2023 [5238429] [21-1890] (ISS) [Entered: 01/23/2023 05:23 PM]
02/07/2023 Doc JUDGE ORDER:A petition for rehearing has been filed by the Appellee Catholic Benefits Association in the above case. The court requests a response to the petition for rehearing by panel. The response is limited to 3900 words and must contain a word count certificate. The response should be filed electronically. Response due on 02/17/2023 by Appellants Xavier Becerra, Charlotte Burrows, United States Department of Health and Human Services and United States Equal Employment Opportunity Commission. Hrg Dec 2021 [5243427] [21-1890] (BNW) [Entered: 02/07/2023 03:20 PM]
02/16/2023 Doc LETTER from Appellees Catholic Benefits Association, Catholic Charities of North Dakota, Diocese of Fargo and Catholic Medical Association regarding Withdrawal of Ian Speir. w/service 02/16/2023 [5246872] [21-1890] (ISS) [Entered: 02/16/2023 04:26 PM]
02/17/2023 Doc RESPONSE in opposition to petition for enbanc rehearing, petition for rehearing by panel [5238429-2], filed by Attorney Ms. Ashley Cheung Honold for Appellants Mr. Xavier Becerra, Ms. Charlotte Burrows, HHS and United States Equal Employment Opportunity Commission , w/service 02/17/2023. [5247112] [21-1890]–[Edited 02/17/2023 by BNW to remove duplicate text] (ACH) [Entered: 02/17/2023 12:35 PM]
02/24/2023 Doc MOTION FOR LEAVE TO FILE REPLY TO RESPONSE TO PETITION FOR REHEARING [5247112-2], filed by Attorney Mr. Andrew Nussbaum for Appellee Catholic Benefits Association w/service 02/24/2023. [5248902] [21-1890] –[Edited 02/24/2023 by BNW to correct relief and docket text] (AN) [Entered: 02/24/2023 01:40 PM]
03/21/2023 Doc JUDGE ORDER: The panel petitions for rehearing have been considered, and they are hereby denied [5238233-2], [5238429-2]. Appellee Catholic Benefits Association’s motion for leave to file a reply in support of its petition for rehearing or rehearing en banc is denied [5248902-2]. The petitions for rehearing en banc are also denied. Judge Erickson did not participate in the consideration or decision of this matter. PUBLISHED ORDER. Hrg Dec 2021 [5257368] [21-1890] (BNW) [Entered: 03/21/2023 04:29 PM]
03/28/2023 Doc MANDATE ISSUED. [5259181] [21-1890] (BNW) [Entered: 03/28/2023 10:51 AM]

Last updated 06/21/2024
Reconciled with online docket 06/21/2024