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D&G Holdings v. Becerra, Docket No. 20-30732 (5th Cir. Nov 20, 2020), Court Docket
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D&G Holdings v. Becerra

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Court Dockets
ca5
US Court of Appeals for the Fifth Circuit
Docket for Case #: 20-30732

D&G Holdings v. Becerra

DOCKET INFORMATION
Minimize
Date Filed: Nov 20, 2020
Status: Closed
Nature of suit:2899 Other Statutes
Related Cases:
18-30925 on 2018-08-09
Status: closed
Decision Date: Jul 2, 2019
Note: Vacated
Original Cases:
5:17-CV-1045 on 2017-08-17, Western District of Louisiana, Shreveport
District: 0536
NOA Date: Nov 19, 2020

Parties and Attorneys

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 Plaintiff - Appellant
D&G Holdings, L.L.C., formerly doing business as Doctors Lab
Plaintiff - Appellant
Representation
Ray M. Shepard
Shepard Law Firm, L.L.C.
122 Riviera Drive
Pasadena, MD 21122
Personal: 410-255-0700
[COR LD NTC Retained]
Bobby Joseph Delise
Delise & Hall
5190 Canal Boulevard
New Orleans, LA 70124
Personal: 504-836-8000
[COR NTC Retained]

Defendant - Appellee
Alex M. Azar, II, Secretary, U.S. Department of Health and Human Services
Defendant - Appellee

Defendant - Appellee
Norris Cochran, Acting Secretary, U.S. Department of Health and Human Services
Defendant - Appellee

 Defendant - Appellee
Xavier Becerra, Secretary, U.S. Department of Health and Human Services
Defendant - Appellee
Representation
Karen Julian King, Assistant U.S. Attorney
U.S. Attorney's Office
800 Lafayette Street
Lafayette, LA 70501-6832
Personal: 337-262-6618
[COR LD NTC Government]
Edmond Dante Anderson, III, Assistant Regional Counsel
U.S. Department of Health & Human Services
1301 Young Street
Dallas, TX 75202
Personal: 214-767-9226
[COR NTC Government]

Docket Entries

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EntryFiledPDFDescription
BL-1Nov 20, 2020RequestUS CIVIL CASE docketed. NOA filed by Appellant D&G Holdings, L.L.C. [20-30732] (DLJ)
BL-2Nov 25, 2020RequestINITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [9450209-2] Initial AA Check Due satisfied.. Transcript order due on 12/10/2020 for Appellant D&G Holdings, L.L.C. [20-30732] (CB)
BL-3Dec 10, 2020RequestEXTENSION RECEIVED for Appellant D&G Holdings, L.L.C.. Extension Granted to and including 12/24/2020. Transcript Order deadline updated to 12/24/2020 for Appellant D&G Holdings, L.L.C. [20-30732] (CAG)
BL-4Dec 22, 2020RequestCOURT REPORTER ACKNOWLEDGMENT received from Barbara A. Simpson. [20-30732] (Barbara A. Simpson )
BL-5Jan 5, 2021RequestATTORNEY TRANSCRIPT ORDER form filed by Appellant D&G Holdings, L.L.C.for the Court to process. Date of service: 01/05/2021 via email - Attorney for Appellee: King; Attorney for Appellant: Shepard. [20-30732] (Ray M. Shepard )
BL-6Jan 5, 2021RequestAPPEARANCE FORM received from Mr. Ray M. Shepard for D&G Holdings, L.L.C. for the court's review. Lead Counsel? Yes. [20-30732] (Ray M. Shepard )
BL-7Jan 5, 2021RequestTRANSCRIPT ORDER received from Appellant D&G Holdings, L.L.C.. DETAILS: Transcript Order: Court Reporter: Barbara A. Simpson, Proceeding Type and Date: Motion Hearing 07/30/2020. Transcript Order ddl satisfied. Ct. Reporter Acknowledgment due on 01/15/2021 for Barbara Simpson, Court Reporter. Electronic Filing Processed: [20-30732] (MCS)
BL-8Jan 7, 2021RequestAPPEARANCE FORM FILED by Attorney Ray M. Shepard for Appellant D&G Holdings, L.L.C. in 20-30732 [20-30732] (MCS)
BL-9Jan 15, 2021RequestNOTICE RECEIVED that the transcript ordered by Appellant D&G Holdings, L.L.C. is complete and has been filed in the District Court. [20-30732] (Barbara A. Simpson )
BL-10Jan 18, 2021RequestTRANSCRIPT FILED IN DISTRICT COURT Transcript Order: Court Reporter: Barbara A. Simpson, Dt. Filed in Dist. Ct: 01/15/2021 Ct. Reporter Acknowledgment deadline canceled [20-30732] (CB)
BL-11Jan 19, 2021RequestELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 5:17-CV-1045. Electronic ROA due on 02/03/2021. [20-30732] (CB)
BL-12Jan 28, 2021RequestELECTRONIC 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. [20-30732] (DDL)
BL-13Jan 28, 2021RequestBRIEFING NOTICE ISSUED A/Pet's Brief Due on 03/09/2021 for Appellant D&G Holdings, L.L.C.. [20-30732] (DDL)
BL-14Mar 1, 2021RequestUNOPPOSED MOTION filed by Appellant D&G Holdings, L.L.C. to extend time to file brief as appellant until 04/08/2021 [9514388-2]. Date of service: 03/01/2021 via email - Attorney for Appellee: King; Attorney for Appellant: Shepard [20-30732] (Ray M. Shepard )
BL-15Mar 2, 2021RequestCLERK ORDER granting unopposed motion to extend time to file appellant's brief to and including 4/8/2021 filed by Appellant D&G Holdings, L.L.C. . A/Pet's Brief deadline updated to 04/08/2021 for Appellant D&G Holdings, L.L.C. [20-30732] (MCS)
BL-16Mar 2, 2021RequestAPPEARANCE FORM received from Ms. Karen Julian King for Mr. Norris Cochran, Acting Secretary, U.S. Department of Health and Human Services for the court's review. Lead Counsel? Yes. [20-30732] (Karen Julian King )
BL-17Mar 3, 2021RequestAPPEARANCE FORM FILED by Attorney Karen Julian King for Appellee Norris Cochran, Acting Secretary, U.S. Department of Health and Human Services in 20-30732 [20-30732] (MCS)
BL-18Mar 22, 2021RequestLETTER OF ADVISEMENT. Reason: advising parties of the updated caption [20-30732] (CB)
BL-19Apr 8, 2021RequestSUFFICIENT APPELLANT'S BRIEF FILED <br> Sufficient Brief deadline satisfied [20-30732]<br>REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED. Brief NOT Sufficient as a record citation on page 25 is not creating a hyperlink, and attorney Mr. Bobby J. Delise must electronically file an appearance form in this case. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0. A/Pet's Brief deadline satisfied. Sufficient Brief due on 04/23/2021, for Appellant D&G Holdings, L.L.C. Appellee's Brief due on 05/10/2021, for Appellee Xavier Becerra, Secretary, U.S. Department of Health and Human Services. [20-30732] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by D&G Holdings, L.L.C. Date of service: 04/08/2021, via email - Attorney for Appellee: King; Attorney for Appellant: Shepard. [20-30732] (Ray M. Shepard )
BL-20Apr 8, 2021RequestSUFFICIENT RECORD EXCERPTS FILED. Sufficient Record Excerpts deadline satisfied. [20-30732]<br>REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as the Table of Contents must be edited to list the record citation of each document; the document at Tab 5 must be removed if not part of the ofiical District Court record on appeal; and if document at Tab 5 is left in record excerpts, its content exceeds the 40-page Optional Contents limitation & it must be reduced. Optional Contents exceeds 40-page limitation by 24 pages. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0. Sufficient Record Excerpts due on 04/26/2021, for Appellant D&G Holdings, L.L.C. [20-30732] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant D&G Holdings, L.L.C. Date of service: 04/08/2021, via email - Attorney for Appellee: King; Attorney for Appellant: Shepard. [20-30732] (Ray M. Shepard )
BL-21Apr 8, 2021RequestOPPOSED MOTION filed by Appellant D&G Holdings, L.L.C. to supplement the record on appeal with The Request for Medicare Hearing by an Administrative Law Judge in the Agency below not yet forwarded to the District Court for inclusion in the record. [9546497-2]. Date of service: 04/08/2021 via email - Attorney for Appellee: King; Attorney for Appellant: Shepard [20-30732] (Ray M. Shepard )
BL-22Apr 12, 2021RequestRESPONSE DUE to Motion to supplement the record on appeal filed by Appellant D&G Holdings, L.L.C. in 20-30732 . Response/Opposition due on 04/19/2021 [20-30732] (MCS)
BL-23Apr 19, 2021RequestRESPONSE/OPPOSITION Date of Service: 04/19/2021 via email - Attorney for Appellee: King; Attorney for Appellant: Shepard. [20-30732] (Karen Julian King )
BL-24Apr 19, 2021RequestAPPEARANCE FORM for the court's review. Lead Counsel? No. [20-30732] (Bobby Joseph Delise )
BL-25Apr 19, 2021RequestPROPOSED SUFFICIENT BRIEF filed by Appellant D&G Holdings, L.L.C. in 20-30732 Date of service: 04/19/2021 via email - Attorney for Appellee: King; Attorney for Appellant: Shepard [20-30732] (Ray M. Shepard )
BL-26Apr 19, 2021RequestPROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellant D&G Holdings, L.L.C. Date of service: 04/19/2021 via email - Attorney for Appellee: King; Attorney for Appellant: Shepard [20-30732] (Ray M. Shepard )
BL-27Apr 20, 2021RequestAPPEARANCE FORM FILED by Attorney(s) Bobby Joseph Delise for party(s) Appellant D&G Holdings, L.L.C., in case 20-30732 [20-30732] (CB)
BL-28May 4, 2021RequestOPPOSED MOTION filed by Appellee Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services to extend time to file brief of appellee until 06/09/2021 [9566608-2]. Date of service: 05/04/2021 via email - Attorney for Appellants: Delise, Shepard; Attorney for Appellee: King [20-30732] (Karen Julian King )
BL-29May 5, 2021RequestCLERK ORDER granting opposed motion to extend time to file appellee's brief to and including 6/9/2021 filed by Appellee Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services . Appellee's Brief due on 06/09/2021 for Appellee Xavier Becerra, Secretary, U.S. Department of Health and Human Services [20-30732] (MCS)
BL-30May 6, 2021RequestCOURT ORDER that appellant's opposed motion to supplement the record with the request for Medicare hearing by an Administrative Law Judge is DENIED . [20-30732] (MCS)
BL-31May 6, 2021RequestPROPOSED SUFFICIENT BRIEF filed by Appellant D&G Holdings, L.L.C. Date of service: 05/06/2021 via email - Attorney for Appellants: Delise, Shepard; Attorney for Appellee: King [20-30732] (Ray M. Shepard )
BL-32Jun 8, 2021RequestUNOPPOSED MOTION to extend time to file brief of appellee until 06/23/2021 [9591507-2]. Date of service: 06/08/2021. [20-30732] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellee Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services for filing Appellee Brief until 06/23/2021. [20-30732] (Karen Julian King )
BL-33Jun 8, 2021RequestCLERK ORDER granting unopposed Motion to extend time to file appellee's brief to and including 6/23/2021filed by Appellee Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services . Appellee's Brief due on 06/23/2021 for Appellee Xavier Becerra, Secretary, U.S. Department of Health and Human Services [20-30732] (MCS)
BL-34Jun 23, 2021RequestMOTION for judicial notice [9603983-2]. Response/Opposition due on 07/06/2021. [20-30732]<br>REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Appellee Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services for judicial notice [9603983-2]. Date of service: 06/23/2021 via email - Attorney for Appellants: Delise, Shepard; Attorney for Appellee: King [20-30732] (Karen Julian King )
BL-35Jun 23, 2021RequestAPPELLEE'S BRIEF FILED. E/Res's Brief deadline satisfied. Reply Brief due on 07/14/2021 for Appellant D&G Holdings, L.L.C. [20-30732]<br>REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services. Date of service: 06/23/2021 via email - Attorney for Appellants: Delise, Shepard; Attorney for Appellee: King [20-30732] (Karen Julian King )
BL-36Jun 29, 2021RequestRESPONSE/OPPOSITION Date of Service: 06/29/2021 via email - Attorney for Appellants: Delise, Shepard; Attorney for Appellee: King. [20-30732] (Ray M. Shepard )
BL-37Jul 2, 2021RequestAPPELLANT'S REPLY BRIEF FILED # of Copies Provided: 0<br> Reply Brief deadline satisfied [20-30732]<br>REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by D&G Holdings, L.L.C.. Date of service: 07/02/2021 via email - Attorney for Appellants: Delise, Shepard; Attorney for Appellee: King [20-30732] (Ray M. Shepard )
BL-38Jul 6, 2021RequestREPLY filed by . Date of Service: 07/06/2021 via email - Attorney for Appellants: Delise, Shepard; Attorney for Appellee: King. [20-30732] (Karen Julian King )
BL-39Jul 6, 2021RequestRESPONSE/OPPOSITION filed by Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services (INCORPORATED IN REPLY TO RESPONSE TO MOTION FOR JUDICIAL NOTICE) Date of Service: 07/06/2021. [20-30732] (AGL)
BL-40Jul 7, 2021RequestREPLY filed by . Date of Service: 07/07/2021 via email - Attorney for Appellants: Delise, Shepard; Attorney for Appellee: King. [20-30732] (Ray M. Shepard )
BL-41Aug 12, 2021RequestCOURT ORDER that appellee's opposed motion for judicial notice is CARRIED WITH THE CASE . [20-30732] (MCS)
BL-42Aug 23, 2021RequestCASE TENTATIVELY calendared for oral argument for the week of 11/01/2021. [20-30732] (GAM)
BL-43Aug 23, 2021RequestPAPER COPIES REQUESTED for the Appellant Brief (Blue covers) filed by Appellant D&G Holdings, L.L.C. in 20-30732 . Paper Copies of Brief due on 08/30/2021 for Appellee Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Appellant D&G Holdings, L.L.C... Paper Copies of Record Excerpts due on 08/30/2021 for Appellant D&G Holdings, L.L.C.. [20-30732] (MCS)
BL-44Sep 8, 2021RequestPaper copies of Appellant Brief filed by Appellant D&G Holdings, L.L.C. in 20-30732 received. Paper copies match electronic version of document? Yes # of Copies Provided: 8. [20-30732] (WMJ)
BL-45Sep 8, 2021RequestPaper copies of Record Excerpts filed by Appellant D&G Holdings, L.L.C. in 20-30732 received. Paper copies match electronic version of document? Yes # of Copies Provided: 5. Paper Copies of Record Excerpts due deadline satisfied. [20-30732] (WMJ)
BL-46Sep 8, 2021RequestPaper copies of Appellant Reply Brief filed by Appellant D&G Holdings, L.L.C. in 20-30732 received. Paper copies match electronic version of document? Yes # of Copies Provided: 8. Paper Copies of Brief due deadline satisfied. [20-30732] (WMJ)
BL-47Sep 13, 2021RequestPaper copies of Appellee Brief filed by Appellee Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services in 20-30732 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [20-30732] (CB)
BL-48Sep 24, 2021RequestCASE CALENDARED for oral argument on Tuesday, 11/02/2021 in Houston -- AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court's docket and an acknowledgment form. All other counsel of record should monitor the court's website for the posting of the oral argument calendars.. [20-30732] (KMP)
BL-49Oct 7, 2021RequestAPPEARANCE FORM for the court's review. Lead Counsel? No. [20-30732] (Edmond Dante Anderson III)
BL-50Oct 8, 2021RequestAttorney Edmond Dante Anderson III is advised to resubmit an appearance form. Reason: Counsel failed to complete the lower portion of the form (specfically question B-2). [20-30732] (LBM)
BL-51Oct 8, 2021RequestAPPEARANCE FORM for the court's review. Lead Counsel? No. [20-30732] (Edmond Dante Anderson III)
BL-52Oct 8, 2021RequestAPPEARANCE FORM FILED by Attorney(s) Edmond Dante Anderson III for party(s) Appellee Xavier Becerra, Secretary, U.S. Department of Health and Human Services, in case 20-30732 [20-30732] (MCS)
BL-53Nov 2, 2021RequestORAL ARGUMENT HEARD before Judges Owen, Jones, Wilson. Arguing Person Information Updated for: Edmond Dante Anderson, III arguing for Appellee Secretary Becerra, U.S. Department of Health and Human Services; Arguing Person Information Updated for: Ray M. Shepard arguing for Appellant L.L.C. D&G Holdings [20-30732] (KMP)
BL-54Jan 3, 2022ViewPUBLISHED OPINION FILED. [20-30732] (CCR)
BL-55Jan 3, 2022RequestJUDGMENT ENTERED AND FILED. Costs Taxed Against: appellee. [20-30732] (CCR)

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