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City & County of San Francisco v. Alex Azar, II, et al, Docket No. 20-15398 (9th Cir. Mar 09, 2020), Court Docket
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City & County of San Francisco v. Alex Azar, II, et al

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Court Dockets
ca9
United States Court of Appeals for the Ninth Circuit
Docket for Case #: 20-15398

City & County of San Francisco v. Alex Azar, II, et al

DOCKET INFORMATION
Minimize
Date Filed: Mar 9, 2020
Status: Open
Nature of suit:2899 Other Statutes - APA Review/Appeal
Original Cases:
3:19-cv-02405-WHA on 2019-05-02, U.S. District Court for Northern California, San Francisco
District: 0971
NOA Date: Mar 6, 2020

Parties and Attorneys

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 Plaintiff - Appellee,
CITY AND COUNTY OF SAN FRANCISCO
Plaintiff - Appellee,
Representation
Dennis J. Herrera, City Attorney
City Attorney's Office
1 Dr. Carlton B. Goodlett Place
City Hall, Room 234
San Francisco, CA 94102-4682
Personal: 415-554-4748
[COR LD NTC City Attorney]
Sara J. Eisenberg, Attorney
San Francisco City Attorney's Office
1390 Market Street
San Francisco, CA 94102
Personal: 415-554-3857
[COR NTC Deputy City Attorney]
Jaime M. Huling Delaye, Deputy City Attorney
San Francisco City Attorney's Office
1390 Market Street
San Francisco, CA 94102
Personal: 415-554-3957
[COR NTC Deputy City Attorney]
Yvonne Mere
San Francisco City Attorney's Office
1390 Market Street
San Francisco, CA 94102
Personal: 415-554-3874
[COR NTC Deputy City Attorney]

 Defendant - Appellant,
ALEX M. AZAR II, Secretary of U.S. Department of Health and Human Services
Defendant - Appellant,
Representation
Sarah W. Carroll, Attorney
DOJ - U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
[COR NTC Government]
Leif Eric Overvold
DOJ - U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Personal: 202-532-4631
[COR NTC Government]

 Defendant - Appellant,
ROGER T. SEVERINO, Director, Office for Civil Rights, Department of Health and Human Services
Defendant - Appellant,
Representation
Sarah W. Carroll, Attorney
DOJ - U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
[COR NTC Government]
Leif Eric Overvold
DOJ - U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Personal: 202-532-4631
[COR NTC Government]

 Defendant - Appellant,
U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
Defendant - Appellant,
Representation
Sarah W. Carroll, Attorney
DOJ - U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
[COR NTC Government]
Leif Eric Overvold
DOJ - U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Personal: 202-532-4631
[COR NTC Government]

 Amicus Curiae,
AMERICAN ASSOCIATION OF PRO-LIFE OBSTETRICIANS & GYNECOLOGISTS, AMERICAN COLLEGE OF PEDIATRICIANS, CATHOLIC MEDICAL ASSOCIATION, NATIONAL CATHOLIC BIOETHICS CENTER, and NATIONAL ASSOCIATION OF CATHOLIC NURSES, USA
Amicus Curiae,
Representation
Rory Thomas Gray
Alliance Defending Freedom
1000 Hurricane Shoals Rd. NE
Lawrenceville, GA 30043
Personal: 770-339-0774
[COR LD NTC Retained]

 Amicus Curiae,
FIRST LIBERTY INSTITUTE
Amicus Curiae,
Representation
Jeffrey Matthew Harris
Consovoy McCarthy, PLLC
1600 Wilson Boulevard
Suite 700
Arlington, VA 22209
[COR LD NTC Retained]

 Amicus Curiae,
PUBLIC ADVOCATE OF THE US, PRO LIFE LEGAL DEFENSE FUND, U.S. CONSTITUTIONAL RIGHTS LEGAL DEFENSE FUND, CALIFORNIA CONSTITUTIONAL RIGHTS FNDN, EAGLE FORUM, EAGLE FORUM FOUNDATION, ONE NATION UNDER GOD FOUNDATION, and LEGAL DEFENSE AND EDU FUND
Amicus Curiae,
Representation
Herbert W. Titus
William J. Olson, P.C.
370 Maple Ave. W
Suite 4
Vienna, VA 22180-5615
[COR LD NTC Retained]

 Amicus Curiae,
INSTITUTE FOR POLICY INTEGRITY AT NEW YORK UNIVERSITY SCHOOL OF LAW
Amicus Curiae,
Representation
Richard Revesz
NYU School of Law
40 Washington Square, S
New York, NY 10012
Personal: 212-998-6185
[COR LD NTC Retained]
Jack Lienke
NYU School of Law
139 Macdougal Street
New York, NY 10012
Personal: 212-998-6222
[COR NTC Retained]

 Amicus Curiae,
NATIONAL CENTER FOR LESBIAN RIGHTS
Amicus Curiae,
Representation
Julianna Gonen, Attorney
National Center for Lesbian Rights
1300 Pennsylvania Avenue, NW
#190-706
Washington, DC 20004
Personal: 202-734-3547
[COR NTC Retained]

 Amicus Curiae,
27 NONPROFIT ORGANIZATIONS
Amicus Curiae,
Representation
Julianna Gonen, Attorney
National Center for Lesbian Rights
1300 Pennsylvania Avenue, NW
#190-706
Washington, DC 20004
Personal: 202-734-3547
[COR NTC Retained]

 Amicus Curiae,
158 CURRENT MEMBERS OF CONGRESS
Amicus Curiae,
Representation
Brian Adair Sutherland
Reed Smith, LLP
101 2nd Street
Suite 1800
San Francisco, CA 94105
Personal: 415-659-4843
[COR LD NTC Retained]

 Amicus Curiae,
AMERICAN PUBLIC HEALTH ASSOCIATION
Amicus Curiae,
Representation
Leah Bruno
Dentons US LLP
233 South Wacker Drive
Suite 5900
Chicago, IL 60606
[COR LD NTC Retained]

 Amicus Curiae,
EXPERTS IN PUBLIC HEALTH
Amicus Curiae,
Representation
Leah Bruno
Dentons US LLP
233 South Wacker Drive
Suite 5900
Chicago, IL 60606
[COR LD NTC Retained]

Amicus Curiae,
AMERICAN PUBLIC HEALTH ORGANIZATION
Amicus Curiae,

 Amicus Curiae,
STATE OF NEW YORK, COLORADO, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NORTH CAROLINA, OREGON, PENNSYLVANIA, RHODE ISLAND, VERMONT, VIRGINIA, AND WISCONSIN, AND THE DISTRICT OF COLUMBIA,
Amicus Curiae,
Representation
Linda Fang, Assistant Solicitor General
New York State Office of the Attorney General
28 Liberty Street
New York, NY 10005
Personal: 212-416-8656
[COR LD NTC Dep State Aty Gen]

 Amicus Curiae,
RACHAEL LORENZO
Amicus Curiae,
Representation
Pamela Miller
O'Melveny & Myers LLP
7 Times Square
New York, NY 10036
Personal: 212-326-2088
[COR LD NTC Retained]

 Amicus Curiae,
MINDY SWANK
Amicus Curiae,
Representation
Pamela Miller
O'Melveny & Myers LLP
7 Times Square
New York, NY 10036
Personal: 212-326-2088
[COR LD NTC Retained]

 Amicus Curiae,
MEGHAN EAGEN
Amicus Curiae,
Representation
Pamela Miller
O'Melveny & Myers LLP
7 Times Square
New York, NY 10036
Personal: 212-326-2088
[COR LD NTC Retained]

 Amicus Curiae,
LOCAL GOVERNMENTS
Amicus Curiae,
Representation
Malia J. McPherson
OFFICE OF THE CITY ATTORNEY
One Frank Ogawa Plaza
6th Floor
Oakland, CA 94612
Personal: 510-238-4493
[COR LD NTC City Attorney]
Maxwell V. Pritt
Boies Schiller Flexner, LLP
44 Montgomery Street
41st Floor
San Francisco, CA 94104
Personal: 415-293-6800
[COR LD NTC Retained]

 Amicus Curiae,
SCHOLARS OF THE LGBT POPULATION
Amicus Curiae,
Representation
Tasha Hill
The Hill Law Firm
5132 York Blvd.
Suite 50681
Los Angeles, CA 90042
Personal: 424-282-3836
[COR LD NTC Retained]

 Amicus Curiae,
LEADING MEDICAL ORGANIZATIONS
Amicus Curiae,
Representation
Shannon Rose Selden
Debevoise & Plimpton, LLP
919 3rd Avenue
New York, NY 10022
Personal: 212-909-6000
[COR LD NTC Retained]

Docket Entries

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EntryFiledPDFDescription
BL-1Mar 9, 2020ViewDOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Alex M. Azar II, Roger T. Severino and U.S. Department of Health and Human Services Mediation Questionnaire due on 03/16/2020. Transcript ordered by 04/06/2020. Transcript due 05/05/2020. Appellants Alex M. Azar II, Roger T. Severino and U.S. Department of Health and Human Services opening brief due 06/15/2020. Appellee City and County of San Francisco answering brief due 07/15/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11622204] (JBS)
BL-2Mar 9, 2020RequestFiled (ECF) notice of appearance of Sarah Carroll (U.S. Department of Justice, Civil Division, 950 Pennsylvania Ave. NW, Room 7511, Washington, DC 20530) for Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services. Substitution for Attorney Vinita Andrapalliyal for Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services. Date of service: 03/09/2020. (Party was previously proceeding with counsel.) [11623017] [20-15398] (Carroll, Sarah)
BL-3Mar 9, 2020RequestAttorney Vinita Andrapalliyal in 20-15398 substituted by Attorney Sarah W. Carroll in 20-15398 [11623030] (NAC)
BL-4Mar 11, 2020RequestFiled (ECF) notice of appearance of Leif Eric Overvold (U.S. Department of Justice, 950 Pennsylvania Ave., NW, Room 7226, Washington, DC 20530) for Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services. Date of service: 03/11/2020. (Party was previously proceeding with counsel.) [11625701] [20-15398] (Overvold, Leif)
BL-5Mar 11, 2020RequestAdded Attorney(s) Leif Eric Overvold for party(s) Appellant Alex M. Azar II Appellant Roger T. Severino Appellant U.S. Department of Health and Human Services, in case 20-15398. [11625708] (NAC)
BL-6Mar 16, 2020RequestFiled (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services Mediation Questionnaire. Date of service: 03/16/2020. [11630366] [20-15398] (Carroll, Sarah)
BL-7Mar 16, 2020RequestThe Mediation Questionnaire for this case was filed on 03/16/2020.<br>To submit pertinent <b>confidential</b> information directly to the Circuit Mediators, please use the following <a href="http://www.ca9.uscourts.gov/mediation/addlconfinfo.php?caseno=20-15398&csname=City & County of San Francisco v. Alex Azar, II"><b>link</b></a>.<br>Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11630368]. [20-15398] (AD)
BL-8Mar 20, 2020RequestMEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 04/29/2020, 11:00 a.m.,PACIFIC Time. The briefing schedules previously set by the court remain in effect. See order for instructions and details. [11637186] [20-15398, 20-15399] (VS)
BL-9Apr 8, 2020RequestFiled (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services Unopposed Motion to consolidate cases 20-35044, 20-15398, 20-15399. Date of service: 04/08/2020. [11654892] [20-15398] (Carroll, Sarah)
BL-10Apr 29, 2020RequestMEDIATION ORDER FILED: These cases are RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator by email should circumstances develop that warrant settlement discussions while the appeal is pending. [11675599] [20-15398, 20-15399] (VS)
BL-11May 8, 2020RequestFiled clerk order (Deputy Clerk: KWH): The unopposed motions to consolidate these three appeals (Docket Entry No. , in No. 20-15399) will be addressed by separate order. [11685583] [20-15398, 20-15399, 20-35044] (RT)
BL-12Jun 1, 2020RequestFiled order (BARRY G. SILVERMAN, CONSUELO M. CALLAHAN and JACQUELINE H. NGUYEN): Appellee Trust Women Seattles motion to dismiss it from this appeal (Docket Entry No. in No. 20-15399) is granted. Trust Women Seattles cessation of business activities moots its claims brought in this action. [11707348] [20-15398, 20-15399, 20-35044] (AF)
BL-13Jun 1, 2020RequestTerminated Appellee Trust Women Seattle in 20-15399 [11707364] [20-15398, 20-15399, 20-35044] (AF)
BL-14Jun 3, 2020RequestFiled (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-35044 Unopposed Motion to consolidate cases 20-15398, 20-15399, 20-16045, 20-35044. Date of service: 06/03/2020. [11710375] [20-15398, 20-15399, 20-35044] (Overvold, Leif)
BL-15Jun 15, 2020ViewSubmitted (ECF) Opening Brief for review. Submitted by Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-35044. Date of service: 06/15/2020. [11722646] [20-15398, 20-15399, 20-35044] (Overvold, Leif)
BL-16Jun 15, 2020RequestFiled (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-35044 Unopposed Motion to file oversized brief. Date of service: 06/15/2020. [11722650] [20-15398, 20-15399, 20-35044] (Overvold, Leif)
BL-17Jun 15, 2020RequestSubmitted (ECF) excerpts of record. Submitted by Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-35044. Date of service: 06/15/2020. [11722653] [20-15398, 20-15399, 20-35044] (Overvold, Leif)
BL-18Jun 16, 2020RequestFiled (ECF) Streamlined request for extension of time to file Answering Brief by Appellee City and County of San Francisco in 20-15398. New requested due date is 08/14/2020. [11724188] [20-15398, 20-15399, 20-35044] (Huling Delaye, Jaime)
BL-19Jun 17, 2020Request<b>Streamlined request [18] by Appellee City and County of San Francisco in 20-15398 to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is stayed. See 9th Cir. R. 32-2. </b> [11724338] [20-15398, 20-15399, 20-35044] (JN)
BL-20Jun 22, 2020RequestSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by First Liberty Institute. Date of service: 06/22/2020. [11728661] [20-15398, 20-15399, 20-35044]--[COURT UPDATE: Attached corrected PDF of the brief. 06/22/2020 by KWG] (Harris, Jeffrey)
BL-21Jun 22, 2020RequestSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by American Association of Pro-Life Obstetricians & Gynecologists, American College of Pediatricians, Catholic Medical Association, National Catholic Bioethics Center, & National Association of Catholic Nurses, USA. Date of service: 06/22/2020. [11728714] [20-15398, 20-15399, 20-35044] (Gray, Rory)
BL-22Jun 22, 2020RequestEntered appearance of Amicus Curiae American Association of Pro-Life Obstetricians & Gynecologists, et al. [11728831] [20-15398, 20-15399, 20-35044] (KWG)
BL-23Jun 22, 2020RequestFiled clerk order: The amicus brief submitted by American Association of Pro-Life Obstetricians & Gynecologists, et al. is filed. No paper copies are required at this time. [11728834] [20-15398, 20-15399, 20-35044] (KWG)
BL-24Jun 22, 2020RequestEntered appearance of Amicus Curiae First Liberty Institute. [11729111] [20-15398, 20-15399, 20-35044] (KWG)
BL-25Jun 22, 2020RequestFiled clerk order: The amicus brief submitted by First Liberty Institute is filed. No paper copies are required at this time. [11729116] [20-15398, 20-15399, 20-35044] (KWG)
BL-26Jun 22, 2020RequestSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Public Advocate of the US, Pro Life Legal Defense Fund, U.S. Constitutional Rights Legal Defense Fund, California Constitutional Rights Fndn, Eagle Forum, Eagle Forum Foundation, One Nation Under God Foundation, and Conservative Legal Defense and Edu Fund. Date of service: 06/22/2020. [11729955] [20-15398, 20-15399, 20-35044] (Titus, Herbert)
BL-27Jun 23, 2020RequestEntered appearance of Amicus Curiae Public Advocate of the US, et al. [11730549] [20-15398, 20-15399, 20-35044] (KWG)
BL-28Jun 23, 2020RequestFiled clerk order: The amicus brief submitted by Public Advocate of the US, et al. is filed. No paper copies are required at this time. [11730553] [20-15398, 20-15399, 20-35044] (KWG)
BL-29Jul 7, 2020ViewFiled clerk order (Deputy Clerk: KWH): Appellants unopposed motion to consolidate State of California v. Azar, No. 20-16045, with the previously consolidated appeals (Docket Entry No. in No. 20-35044) is granted. The Clerk shall file the consolidated opening brief received on June 15, 2020. Appellees briefs are due July 15, 2020. Appellants consolidated optional reply brief shall be filed within 21 days of service of the appellees briefs. [11744274] [20-15398, 20-15399, 20-16045, 20-35044] (RT)
BL-30Jul 7, 2020RequestFiled clerk order: The opening brief submitted by Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11744313] [20-15398, 20-15399, 20-16045, 20-35044] (KWG)
BL-31Jul 7, 2020RequestFiled clerk order: The opening brief submitted by Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11744317] [20-15398, 20-15399, 20-16045, 20-35044] (KWG)
BL-32Jul 7, 2020ViewFiled clerk order: The Court previously filed the briefs [20-15398, 20-15399, 20-16045, 20-35044] (KWG)
BL-33Jul 7, 2020RequestFiled (ECF) notice of appearance of Lauryn K. Fraas (Washington State Attorney General's Office 800 Fifth Avenue, Suite 2000, Seattle WA 98104-3180) for Appellee State of Washington in 20-35044. Date of service: 07/07/2020. (Party was previously proceeding with counsel.) [11744777] [20-35044, 20-15398, 20-15399, 20-16045] (Fraas, Lauryn)
BL-34Jul 7, 2020RequestAdded Attorney(s) Lauryn K. Fraas for party(s) Appellee State of Washington, in case 20-35044. [11744797] [20-15398, 20-15399, 20-16045, 20-35044] (NAC)
BL-35Jul 7, 2020RequestFiled clerk order (Deputy Clerk: KWG): The portion of the order was entered in error and is vacated. No paper copies of the opening brief or excerpts filed in No. 20-16045 are required. [11744985] [20-15398, 20-15399, 20-16045, 20-35044] (KWG)
BL-36Jul 8, 2020RequestFiled (ECF) Appellee City and County of San Francisco in 20-15398 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746436] [20-15398, 20-15399, 20-16045, 20-35044] (Huling Delaye, Jaime)
BL-37Jul 8, 2020RequestFiled (ECF) Appellee State of California in 20-16045 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746576] [20-16045, 20-15398, 20-15399, 20-35044] (Palma, Neli)
BL-38Jul 8, 2020RequestFiled (ECF) Appellee State of Washington in 20-35044 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746618] [20-35044, 20-15398, 20-15399, 20-16045] (Fraas, Lauryn)
BL-39Jul 8, 2020RequestFiled (ECF) Appellees County of Santa Clara, Los Angeles LGBT Center, Whitman-Walker Clinic, Inc., Bradbury-Sullivan LGBT Community Center, Center On Halsted, Hartford Gyn Center, Mazzoni Center, Medical Students For Choice, AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Colleen McNicholas, Robert Bolan, Ward Carpenter, Sarah Henn and Randy Pumphrey in 20-15399 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746641] [20-15398, 20-15399, 20-16045, 20-35044] (Nemetz, Miriam)
BL-40Jul 13, 2020RequestReceived 3 paper copies of excerpts of record in 2 volume(s) filed by Appellants. [11750821] [20-15398, 20-15399, 20-16045, 20-35044] (KWG)
BL-41Jul 13, 2020RequestReceived 6 paper copies of Amicus Brief filed by Public Advocate of the US, et al. [11751315] [20-15398, 20-15399, 20-16045, 20-35044] (KWG)
BL-42Jul 14, 2020RequestReceived 6 paper copies of Opening Brief filed by Alex M. Azar, II, et al. [11751984] [20-15398, 20-15399, 20-16045, 20-35044] (KWG)
BL-43Jul 21, 2020RequestFiled clerk order (Deputy Clerk: LKK): Appellees motions (Docket Entry Nos. ) for extensions of time to file the answering briefs are granted. The answering briefs are due October 13, 2020. The optional consolidated reply brief is due within 21 days after service of the last-served answering brief. [11761113] [20-15398, 20-15399, 20-16045, 20-35044] (RT)
BL-44Oct 7, 2020RequestFiled (ECF) Notice of withdrawal of counsel. Filed by Attorney Jamie A. Gliksberg for Appellees AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Robert Bolan, Bradbury-Sullivan LGBT Community Center, Ward Carpenter, Center On Halsted, County of Santa Clara, Hartford Gyn Center, Sarah Henn, Los Angeles LGBT Center, Mazzoni Center, Colleen McNicholas, Medical Students For Choice, Randy Pumphrey and Whitman-Walker Clinic, Inc. in 20-15399. Party proceeding without counsel: No. Date of service: 10/07/2020. [11850468] [20-15399, 20-15398, 20-16045, 20-35044] (Gliksberg, Jamie)
BL-45Oct 7, 2020RequestTerminated Jamie A. Gliksberg for AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Robert Bolan, Bradbury-Sullivan LGBT Community Center, Ward Carpenter, Center On Halsted, County of Santa Clara, Hartford Gyn Center, Sarah Henn, Los Angeles LGBT Center, Mazzoni Center, Colleen McNicholas, Medical Students For Choice, Randy Pumphrey and Whitman-Walker Clinic, Inc. in 20-15399 [11850473] [20-15398, 20-15399, 20-16045, 20-35044] (NAC)
BL-46Oct 12, 2020RequestSubmitted (ECF) supplemental excerpts of record. Submitted by Appellee City and County of San Francisco in 20-15398, Appellees AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Robert Bolan, Bradbury-Sullivan LGBT Community Center, Ward Carpenter, Center On Halsted, County of Santa Clara, Hartford Gyn Center, Sarah Henn, Los Angeles LGBT Center, Mazzoni Center, Colleen McNicholas, Medical Students For Choice and Randy Pumphrey in 20-15399. Date of service: 10/12/2020. [11855269] [20-16045, 20-15398, 20-15399, 20-35044] (Palma, Neli)
BL-47Oct 13, 2020ViewSubmitted (ECF) Answering Brief for review. Submitted by Appellee State of California in 20-16045. Date of service: 10/13/2020. [11856249] [20-16045, 20-15398, 20-15399, 20-35044] (Palma, Neli)
BL-48Oct 13, 2020ViewSubmitted (ECF) Answering Brief for review. Submitted by Appellee City and County of San Francisco in 20-15398. Date of service: 10/13/2020. [11856878] [20-15398, 20-15399, 20-16045, 20-35044] (Eisenberg, Sara)
BL-49Oct 13, 2020RequestFiled clerk order: The answering brief [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-50Oct 13, 2020ViewSubmitted (ECF) Answering Brief for review. Submitted by Appellee State of Washington in 20-35044. Date of service: 10/13/2020. [11857271] [20-35044, 20-15398, 20-15399, 20-16045] (Sprung, Jeffrey)
BL-51Oct 13, 2020ViewSubmitted (ECF) Answering Brief for review. Submitted by Appellees County of Santa Clara, Los Angeles LGBT Center, Whitman-Walker Clinic, Inc., Bradbury-Sullivan LGBT Community Center, Center On Halsted, Hartford Gyn Center, Mazzoni Center, Medical Students For Choice, AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Colleen McNicholas, Robert Bolan, Ward Carpenter, Sarah Henn and Randy Pumphrey in 20-15399. Date of service: 10/13/2020. [11857382] [20-15399, 20-15398, 20-16045, 20-35044] (Saharsky, Nicole)
BL-52Oct 14, 2020RequestFiled clerk order: The answering brief submitted by State of Washington is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [11859085] [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-53Oct 14, 2020RequestFiled clerk order: The answering brief submitted by County of Santa Clara; et al., is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [11859111] [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-54Oct 16, 2020RequestReceived 6 paper copies of Answering Brief filed by State of California. [11862402] [20-15398, 20-15399, 20-16045, 20-35044] (SD)
BL-55Oct 16, 2020RequestReceived 6 paper copies of Answering Brief filed by City and County of San Francisco. [11862519] [20-15398, 20-15399, 20-16045, 20-35044] (SD)
BL-56Oct 16, 2020RequestReceived 3 paper copies of supplemental excerpts of record in 10 volume(s) filed by Appellees. [11862618] [20-15398, 20-15399, 20-16045, 20-35044] (LA)
BL-57Oct 19, 2020RequestReceived 6 paper copies of Answering Brief filed by State of Washington. [11863433] [20-15398, 20-15399, 20-16045, 20-35044] (SD)
BL-58Oct 19, 2020RequestReceived 6 paper copies of Answering Brief filed by County of Santa Clara, et al. [11864358] [20-15398, 20-15399, 20-16045, 20-35044] (SD)
BL-59Oct 20, 2020RequestSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Institute for Policy Integrity at New York University School of Law. Date of service: 10/20/2020. [11864827] [20-15398, 20-15399, 20-16045, 20-35044] (Revesz, Richard)
BL-60Oct 20, 2020ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Center for Lesbian Rights and 27 Nonprofit Organizations. Date of service: 10/20/2020. [11865048] [20-15398, 20-15399, 20-16045, 20-35044] (Wilensky, Julie)
BL-61Oct 20, 2020ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by 158 Current Members of Congress. Date of service: 10/20/2020. [11865153] [20-15398, 20-15399, 20-16045, 20-35044] (Sutherland, Brian)
BL-62Oct 20, 2020RequestSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The American Public Health Association and Experts in Public Health. Date of service: 10/20/2020. [11865680] [20-15398, 20-15399, 20-16045, 20-35044]--[COURT UPDATE: Attached corrected brief and updated entry to correct party name. 10/22/2020 by SML] (Bruno, Leah)
BL-63Oct 20, 2020RequestEntered appearance of Amici Curiae Institute for Policy Integrity at New York University School of Law, NCLR, 27 Nonprofit Organizations and 158 Current Members of Congress. [11865693] [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-64Oct 20, 2020RequestEntered appearance of Amici Curiae American Public Health Association and Experts in Public Health. [11865699] [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-65Oct 20, 2020RequestTerminated Amicus Curiae American Public Health Association, entered in error. [11865726] [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-66Oct 20, 2020RequestEntered appearance of Amicus Curiae American Public Health Organization. [11865729] [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-67Oct 20, 2020RequestFiled clerk order: The amicus brief [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-68Oct 20, 2020RequestSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Scholars of the LGBT Population. Date of service: 10/20/2020. [11865910] [20-15398, 20-15399, 20-16045, 20-35044]--[COURT UPDATE: Updated entry to correct the amicus party name. 10/21/2020 by SML] (Hill, Tasha)
BL-69Oct 20, 2020ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Leading Medical Organizations. Date of service: 10/20/2020. [11866271] [20-15398, 20-15399, 20-16045, 20-35044]--[COURT UPDATE: Attached corrected brief and updated entry to reflect the parties have consented to the filing of this brief, and to update the party name to match the cover of the brief. 10/28/2020 by SML] (Selden, Shannon)
BL-70Oct 20, 2020ViewSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by New York, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Wisconsin, and Dist. of Columbia. Date of service: 10/20/2020. [11866283] [20-16045, 20-15398, 20-15399, 20-35044] (Fang, Linda)
BL-71Oct 20, 2020RequestSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Rachael Lorenzo, Mindy Swank and Meghan Eagen in Support of Appellees. Date of service: 10/20/2020. [11866331] [20-15398, 20-15399, 20-16045, 20-35044] (Miller, Pamela)
BL-72Oct 20, 2020RequestSubmitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Local Governments. Date of service: 10/20/2020. [11866332] [20-15398, 20-15399, 20-16045, 20-35044] (Pritt, Maxwell)
BL-73Oct 20, 2020RequestEntered appearance of Amicus Curiae States of New York; et al. [11866682] [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-74Oct 21, 2020RequestEntered appearance of Amici Curiae Rachael Lorenzo, Mindy Swank and Meghan Eagen. [11866733] [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-75Oct 21, 2020RequestEntered appearance of Amicus Curiae Local Governments. [11866740] [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-76Oct 21, 2020RequestFiled clerk order: The answering brief [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-77Oct 21, 2020RequestEntered appearance of Amicus Curiae Scholars of the LGBT Population. [11867707] [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-78Oct 21, 2020RequestFiled clerk order: The amicus brief submitted by Scholars of the LGBT Population is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11867709] [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-79Oct 22, 2020RequestThis case is being considered for an upcoming oral argument calendar in San Francisco.<br><br>Please review the San Francisco sitting dates for February 2021 and the 2 subsequent sitting months in that location at <a href="http://www.ca9.uscourts.gov/court_sessions">http://www.ca9.uscourts.gov/court_sessions</a>. If you have an unavoidable conflict on any of the dates, please file <a href="http://www.ca9.uscourts.gov/forms/form32.pdf">Form 32</a> <b>immediately</b> using the CM/ECF filing type <b>Response to Case Being Considered for Oral Argument</b>. Please follow the form's <a href="http://www.ca9.uscourts.gov/forms/form32instructions.pdf">instructions</a> carefully.<br><br>When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.<br><br>If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter <b>immediately</b>, using CM/ECF (<b>Type of Document</b>: Correspondence to Court; <b>Subject</b>: request for mediation). [11868248] [20-15398, 20-15399, 20-16045, 20-35044] (KS)
BL-80Oct 22, 2020RequestTerminated Amicus Curiae American Public Health Organization. [11868603] [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-81Oct 22, 2020RequestReceived 6 paper copies of Amicus Brief filed by 158 Current Members of Congress. [11869962] [20-15398, 20-15399, 20-16045, 20-35044] (SD)
BL-82Oct 23, 2020RequestReceived 6 paper copies of Amicus Brief filed by American Public Health Association and Experts in Public Health. [11869964] [20-15398, 20-15399, 20-16045, 20-35044] (SD)
BL-83Oct 23, 2020RequestReceived 6 paper copies of Amicus Brief filed by Rachael Lorenzo, Mindy Swank and Meghan Eagen. [11869969] [20-15398, 20-15399, 20-16045, 20-35044] (SD)
BL-84Oct 23, 2020RequestReceived 6 paper copies of Amicus Brief filed by Local Governments. [11869973] [20-15398, 20-15399, 20-16045, 20-35044] (SD)
BL-85Oct 23, 2020RequestFiled (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044. New requested due date is 12/03/2020. [11870027] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif)
BL-86Oct 23, 2020Request<b>Streamlined request [85] by Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-35044, Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, 20-15399, 20-16045 to extend time to file the brief is approved. Amended briefing schedule: The optional consolidated reply brief is due 12/03/2020. </b> [11870099] [20-35044, 20-15398, 20-15399, 20-16045] (BG)
BL-87Oct 26, 2020RequestFiled (ECF) Attorney Jeffrey T. Sprung for Appellee State of Washington in 20-35044 response to notice for case being considered for oral argument. Date of service: 10/26/2020. [11871154] [20-15398, 20-15399, 20-16045, 20-35044] (Sprung, Jeffrey)
BL-88Oct 26, 2020RequestSTRICKEN PER ORDER ) and any responses are referred for resolution to the panel that will consider the merits of the case. Within 7 days after the date of this order, amici curiae are ordered to file 6 copies of the brief in paper format, with a green cover, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the courts website at http://www.ca9.uscourts.gov/forms/. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. </strike> [11871536] [20-15398, 20-15399, 20-16045, 20-35044] (RT)
BL-89Oct 26, 2020RequestReceived 6 paper copies of Amicus Brief filed by States of New York; et al. [11879970] [20-15398, 20-15399, 20-16045, 20-35044] (DB)
BL-90Oct 26, 2020RequestReceived 6 paper copies of Amicus Brief filed by Scholars of the LGBT Population. [11879990] [20-15398, 20-15399, 20-16045, 20-35044] (DB)
BL-91Oct 27, 2020RequestFiled clerk order (Deputy Clerk: SSR): The October 26, 2020 order is vacated as issued in error and will be stricken. [11873634] [20-15398, 20-15399, 20-16045, 20-35044] (RY)
BL-92Oct 27, 2020RequestReceived 6 paper copies of Amicus Brief filed by NCLR and 27 Nonprofit Organizations. [11880003] [20-15398, 20-15399, 20-16045, 20-35044] (DB)
BL-93Oct 28, 2020RequestEntered appearance of Amicus Curiae Leading Medical Organizations. [11873948] [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-94Oct 28, 2020RequestFiled clerk order: The amicus brief submitted by Leading Medical Organizations is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11873955] [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-95Oct 30, 2020RequestReceived 6 paper copies of Amicus Brief filed by Leading Medical Organizations. [11878968] [20-15398, 20-15399, 20-16045, 20-35044] (SD)
BL-96Oct 30, 2020RequestReceived 6 paper copies of Amicus Brief filed by American Association of Pro-Life Obstetricians & Gynecologists, et al. [11880725] [20-15398, 20-15399, 20-16045, 20-35044] (SD)
BL-97Nov 3, 2020RequestReceived 6 paper copies of Amicus Brief filed by Institute for Policy Integrity at New York University School of Law. [11880007] [20-15398, 20-15399, 20-16045, 20-35044] (DB)
BL-98Nov 9, 2020RequestFiled (ECF) notice of appearance of Jack Henry Lienke (Institute for Policy Integrity at New York University School of Law, 139 MacDougal Street, 3rd Floor, New York, NY 10012) for Amicus Curiae Institute for Policy Integrity at New York University School of Law in 20-15398, 20-15399, 20-16045, 20-35044. Date of service: 11/09/2020. (Party was previously proceeding with counsel.) [11885908] [20-15398, 20-15399, 20-16045, 20-35044] (Lienke, Jack)
BL-99Nov 9, 2020RequestAdded Attorney(s) Jack Lienke for party(s) Amicus Curiae Institute for Policy Integrity at New York University School of Law, in case 20-15398 Attorney(s) Jack Lienke for party(s) Amicus Curiae Institute for Policy Integrity at New York University School of Law, in case 20-16045 Attorney(s) Jack Lienke for party(s) Amicus Curiae Institute for Policy Integrity at New York University School of Law, in case 20-35044 Attorney(s) Jack Lienke for party(s) Amicus Curiae Institute for Policy Integrity at New York University School of Law, in case 20-15399. [11886017] [20-15398, 20-15399, 20-16045, 20-35044] (NAC)
BL-100Nov 29, 2020RequestNotice of Oral Argument on Monday, February 8, 2021 - 09:30 A.M. - Courtroom 3 - Scheduled Location: San Francisco CA.<br>The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote.<br><br><br>View the Oral Argument Calendar for your case <a href="http://www.ca9.uscourts.gov/calendar/view.php?caseno=20-15398"><b>here</b></a>.<br><br>NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. <i>See</i> Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held <b>remotely</b> with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. <br><br>Be sure to review the <a href="http://cdn.ca9.uscourts.gov/datastore/uploads/forms/hearing_notice/ntc_hear.pdf">GUIDELINES</a> for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).<br><br>If you are the specific attorney or self-represented party who will be arguing, use the <b><u><a href="http://www.ca9.uscourts.gov/calendar/info.php?view=Forms">ACKNOWLEDGMENT OF HEARING NOTICE</a></u></b> filing type in CM/ECF no later than 21 days before Monday, February 8, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11908377]. [20-15398, 20-15399, 20-16045, 20-35044] (AW)
BL-101Dec 3, 2020RequestSubmitted (ECF) Reply Brief for review. Submitted by Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044. Date of service: 12/03/2020. [11914286] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif)
BL-102Dec 3, 2020RequestFiled (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044 Unopposed Motion to file oversized brief. Date of service: 12/03/2020. [11914305] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif)
BL-103Dec 7, 2020RequestFiled text clerk order (Deputy Clerk: OC): Appellants' unopposed motion to file an oversized brief, is granted. [11917155] [20-15398, 20-15399, 20-16045, 20-35044] (OC)
BL-104Dec 7, 2020RequestFiled clerk order: The reply brief submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [11917779] [20-15398, 20-15399, 20-16045, 20-35044] (SML)
BL-105Dec 9, 2020RequestReceived 6 paper copies of Reply Brief filed by appellants. (sent to panel) [11920700] [20-15398, 20-15399, 20-16045, 20-35044] (SD)
BL-106Dec 17, 2020RequestNotice of Oral Argument on Monday, February 8, 2021 - 1:00 P.M. - Courtroom 3 - Scheduled Location: San Francisco CA.<br>The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote.<br><br><br>View the Oral Argument Calendar for your case <a href="http://www.ca9.uscourts.gov/calendar/view.php?caseno=20-15398"><b>here</b></a>.<br><br>NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. <i>See</i> Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held <b>remotely</b> with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. <br><br>Be sure to review the <a href="http://cdn.ca9.uscourts.gov/datastore/uploads/forms/hearing_notice/ntc_hear.pdf">GUIDELINES</a> for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).<br><br>If you are the specific attorney or self-represented party who will be arguing, use the <b><u><a href="http://www.ca9.uscourts.gov/calendar/info.php?view=Forms">ACKNOWLEDGMENT OF HEARING NOTICE</a></u></b> filing type in CM/ECF no later than 21 days before Monday, February 8, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11932153]. [20-15398, 20-15399, 20-16045, 20-35044] (AW)
BL-107Jan 12, 2021RequestFiled (ECF) Acknowledgment of hearing notice by Attorney Nicole A. Saharsky for Appellees County of Santa Clara, Los Angeles LGBT Center, Whitman-Walker Clinic, Inc., Bradbury-Sullivan LGBT Community Center, Center On Halsted, Hartford Gyn Center, Mazzoni Center, Medical Students For Choice, AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Colleen McNicholas, Robert Bolan, Ward Carpenter, Sarah Henn and Randy Pumphrey in 20-15399. Hearing in San Francisco on 02/08/2021 at 1:00 P.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/12/2021. [11960652] [20-15398, 20-15399, 20-16045, 20-35044] (Saharsky, Nicole)
BL-108Jan 14, 2021RequestFiled (ECF) Acknowledgment of hearing notice by Attorney Sarah W. Carroll for Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Attorney Sarah W. Carroll for Appellants U.S. Department of Health and Human Services and Alex M. Azar, II in 20-15399, Attorney Sarah W. Carroll for Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-16045, 20-35044. Hearing in San Francisco on 02/08/2021 at 1:00 P.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/14/2021. [11963227] [20-15398, 20-15399, 20-16045, 20-35044] (Carroll, Sarah)
BL-109Jan 28, 2021ViewFiled (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044 Joint Motion to reschedule oral argument, Motion to stay appellate proceedings. Date of service: 01/28/2021. [11984678] [20-15398, 20-15399, 20-16045, 20-35044] (Carroll, Sarah)
BL-110Jan 29, 2021ViewFiled clerk order (Deputy Clerk: OC): The joint motion to remove the above-captioned cases from the oral argument calendar is GRANTED. These cases shall be removed from the February 8, 2021 calendar in San Francisco. The parties shall provide the Court within sixty days a status report as to whether the appeal will continue to be prosecuted. [11985634] [20-15398, 20-15399, 20-16045, 20-35044] (OC)
BL-111Jan 29, 2021RequestCase came on for submission before MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE SUBMISSION DEFERRED. [11985893] [20-15398, 20-15399, 20-16045, 20-35044] (KJC)
BL-112Mar 30, 2021RequestFiled (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 01/29/2021). Date of service: 03/30/2021 [12058214] [20-15398, 20-15399, 20-16045, 20-35044] (Carroll, Sarah)
BL-113Mar 31, 2021RequestFiled clerk order (Deputy Clerk: OC): The governments request that this appeal remain in abeyance is GRANTED. The parties shall provide the Court by June 1, 2021 with a status report as to whether the appeal will continue to be prosecuted. [12059495] [20-15398, 20-15399, 20-16045, 20-35044] (OC)
BL-114Apr 1, 2021RequestFiled (ECF) Notice of withdrawal of counsel. Filed by Attorney Andrew Tauber for Appellees AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Robert Bolan, Bradbury-Sullivan LGBT Community Center, Ward Carpenter, Center On Halsted, County of Santa Clara, Hartford Gyn Center, Sarah Henn, Los Angeles LGBT Center, Mazzoni Center, Colleen McNicholas, Medical Students For Choice, Randy Pumphrey and Whitman-Walker Clinic, Inc. in 20-15399. Party proceeding without counsel: No. Date of service: 04/01/2021. [12060298] [20-15399, 20-15398, 20-16045, 20-35044] (Tauber, Andrew)
BL-115Apr 1, 2021RequestTerminated Andrew Tauber for AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Robert Bolan, Bradbury-Sullivan LGBT Community Center, Ward Carpenter, Center On Halsted, County of Santa Clara, Hartford Gyn Center, Sarah Henn, Los Angeles LGBT Center, Mazzoni Center, Colleen McNicholas, Medical Students For Choice, Randy Pumphrey and Whitman-Walker Clinic, Inc. in 20-15399 [12060301] [20-15398, 20-15399, 20-16045, 20-35044] (NAC)
BL-116Jun 1, 2021RequestFiled (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 03/31/2021). Date of service: 06/01/2021 [12129187] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif)
BL-117Jun 2, 2021RequestFiled clerk order (Deputy Clerk: OC): The governments motion to keep the above-captioned cases in abeyance for a further sixty days is GRANTED. The parties shall provide the Court by August 2, 2021 a status report as to whether the appeal will continue to be prosecuted. [12130788] [20-15398, 20-15399, 20-16045, 20-35044] (OC)
BL-118Aug 2, 2021RequestFiled (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 06/02/2021). Date of service: 08/02/2021 [12188871] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif)
BL-119Aug 3, 2021RequestFiled clerk order (Deputy Clerk: OC): The governments motion to keep the above-captioned cases in abeyance for a further sixty days is GRANTED. The parties shall provide the Court by October 1, 2021 a status report as to whether the appeal will continue to be prosecuted. [12191199] [20-15398, 20-15399, 20-16045, 20-35044] (OC)
BL-120Oct 1, 2021RequestFiled (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-16045, 20-35044, 20-15399 status report (as required by Court order dated 08/03/2021). Date of service: 10/01/2021 [12244975] [20-15398, 20-16045, 20-35044, 20-15399] (Overvold, Leif)
BL-121Oct 5, 2021RequestFiled clerk order (Deputy Clerk: OC): The governments motion to keep the above-captioned cases in abeyance for a further sixty days is GRANTED. The parties shall provide the Court by November 30, 2021 a status report as to whether the appeal will continue to be prosecuted. [12248149] [20-15398, 20-15399, 20-16045, 20-35044] (OC)
BL-122Nov 30, 2021RequestFiled (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 10/05/2021). Date of service: 11/30/2021 [12301033] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif)
BL-123Jan 3, 2022RequestFiled clerk order (Deputy Clerk: OC): The governments motion to keep the above-captioned cases in abeyance is GRANTED. The parties shall provide the Court by January 31, 2022 a status report as to whether the appeal will continue to be prosecuted. [12329635] [20-15398, 20-15399, 20-16045, 20-35044] (OC)
BL-124Jan 31, 2022RequestFiled (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 01/03/2022). Date of service: 01/31/2022 [12355992] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif)
BL-125Feb 1, 2022RequestFiled clerk order (Deputy Clerk: OC): The governments motion to keep the above-captioned cases in abeyance is GRANTED. The parties shall provide the Court by April 1, 2022 a status report as to whether the appeal will continue to be prosecuted. As this case has now been held in abeyance for over a year, any further requests will be viewed with substantial disfavor. [12357591] [20-15398, 20-15399, 20-16045, 20-35044] (OC)
BL-126Mar 9, 2022RequestFiled (ECF) notice of appearance of Julianna Gonen (National Center for Lesbian Rights, 1300 Pennsylvania Avenue, NW #190-706, Washington, DC 20004) for Amici Curiae 27 Nonprofit Organizations and NCLR in 20-15398, 20-15399, 20-16045, 20-35044. Substitution for Attorney Julie Wilensky for Amici Curiae 27 Nonprofit Organizations and NCLR in 20-15398, Attorney Julie Wilensky for Amici Curiae NCLR and 27 Nonprofit Organizations in 20-15399, 20-16045, 20-35044. Date of service: 03/09/2022. (Party was previously proceeding with counsel.) [12390323] [20-15398, 20-15399, 20-16045, 20-35044] (Gonen, Julianna)
BL-127Mar 9, 2022RequestAttorneys Julie Wilensky in 20-15398, 20-15399, 20-16045, and 20-35044 substituted by Attorney Julianna Gonen [12390337] [20-15398, 20-15399, 20-16045, 20-35044] (NAC)
BL-128Apr 1, 2022ViewFiled (ECF) Appellants Alex M. Azar, II, Roger T. Severino and USHHS in 20-15398, Appellants Alex M. Azar, II and USHHS in 20-15399, 20-16045, 20-35044 status report (as required by Court order dated 02/01/2022). Date of service: 04/01/2022 [12410754] [20-15398, 20-15399, 20-16045, 20-35044] (Overvold, Leif)
BL-129Apr 13, 2022RequestTerminated Ronald P Flynn for City and County of San Francisco in 20-15398 (due to incorrect ECF contact information) [12420308] [20-15398, 20-15399, 20-16045, 20-35044] (RY)
BL-130Jun 16, 2022RequestFiled order (MARSHA S. BERZON, MORGAN B. CHRISTEN and BRIDGET S. BADE) (Judge BADE Dissenting) In its most recent status report, the government stated that it has initiated a new rulemaking that may moot this case. Accordingly, the governments request that this case be held in abeyance for six months or until thirty days after the issuance of a final rule, whichever is sooner (Dkt. No. 128), is GRANTED. At the end of that period, the parties shall provide the Court with a report as to the status of the rulemaking process and may file motions to govern further proceedings. [12473065] [20-15398, 20-15399, 20-16045, 20-35044] (OC)

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