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Court Dockets
US Court of Appeals for the Fifth Circuit
Docket for Case #: 20-30732
Docket for Case #: 20-30732
D&G Holdings v. Becerra
DOCKET INFORMATION
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Defendant - Appellee |
Alex M. Azar, II, Secretary, U.S. Department of Health and Human Services
Defendant - Appellee
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Defendant - Appellee |
Norris Cochran, Acting Secretary, U.S. Department of Health and Human Services
Defendant - Appellee
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Entry | Filed | Description | |
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BL-1 | Nov 20, 2020 | Request | US CIVIL CASE docketed. NOA filed by Appellant D&G Holdings, L.L.C. [20-30732] (DLJ) |
BL-2 | Nov 25, 2020 | Request | INITIAL 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-3 | Dec 10, 2020 | Request | EXTENSION 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-4 | Dec 22, 2020 | Request | COURT REPORTER ACKNOWLEDGMENT received from Barbara A. Simpson. [20-30732] (Barbara A. Simpson ) |
BL-5 | Jan 5, 2021 | Request | ATTORNEY 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-6 | Jan 5, 2021 | Request | APPEARANCE 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-7 | Jan 5, 2021 | Request | TRANSCRIPT 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-8 | Jan 7, 2021 | Request | APPEARANCE FORM FILED by Attorney Ray M. Shepard for Appellant D&G Holdings, L.L.C. in 20-30732 [20-30732] (MCS) |
BL-9 | Jan 15, 2021 | Request | NOTICE 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-10 | Jan 18, 2021 | Request | TRANSCRIPT 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-11 | Jan 19, 2021 | Request | ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 5:17-CV-1045. Electronic ROA due on 02/03/2021. [20-30732] (CB) |
BL-12 | Jan 28, 2021 | Request | ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [20-30732] (DDL) |
BL-13 | Jan 28, 2021 | Request | BRIEFING NOTICE ISSUED A/Pet's Brief Due on 03/09/2021 for Appellant D&G Holdings, L.L.C.. [20-30732] (DDL) |
BL-14 | Mar 1, 2021 | Request | UNOPPOSED 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-15 | Mar 2, 2021 | Request | CLERK 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-16 | Mar 2, 2021 | Request | APPEARANCE 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-17 | Mar 3, 2021 | Request | APPEARANCE 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-18 | Mar 22, 2021 | Request | LETTER OF ADVISEMENT. Reason: advising parties of the updated caption [20-30732] (CB) |
BL-19 | Apr 8, 2021 | Request | SUFFICIENT 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-20 | Apr 8, 2021 | Request | SUFFICIENT 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-21 | Apr 8, 2021 | Request | OPPOSED 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-22 | Apr 12, 2021 | Request | RESPONSE 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-23 | Apr 19, 2021 | Request | RESPONSE/OPPOSITION Date of Service: 04/19/2021 via email - Attorney for Appellee: King; Attorney for Appellant: Shepard. [20-30732] (Karen Julian King ) |
BL-24 | Apr 19, 2021 | Request | APPEARANCE FORM for the court's review. Lead Counsel? No. [20-30732] (Bobby Joseph Delise ) |
BL-25 | Apr 19, 2021 | Request | PROPOSED 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-26 | Apr 19, 2021 | Request | PROPOSED 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-27 | Apr 20, 2021 | Request | APPEARANCE 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-28 | May 4, 2021 | Request | OPPOSED 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-29 | May 5, 2021 | Request | CLERK 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-30 | May 6, 2021 | Request | COURT 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-31 | May 6, 2021 | Request | PROPOSED 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-32 | Jun 8, 2021 | Request | UNOPPOSED 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-33 | Jun 8, 2021 | Request | CLERK 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-34 | Jun 23, 2021 | Request | MOTION 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-35 | Jun 23, 2021 | Request | APPELLEE'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-36 | Jun 29, 2021 | Request | RESPONSE/OPPOSITION Date of Service: 06/29/2021 via email - Attorney for Appellants: Delise, Shepard; Attorney for Appellee: King. [20-30732] (Ray M. Shepard ) |
BL-37 | Jul 2, 2021 | Request | APPELLANT'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-38 | Jul 6, 2021 | Request | REPLY 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-39 | Jul 6, 2021 | Request | RESPONSE/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-40 | Jul 7, 2021 | Request | REPLY 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-41 | Aug 12, 2021 | Request | COURT ORDER that appellee's opposed motion for judicial notice is CARRIED WITH THE CASE . [20-30732] (MCS) |
BL-42 | Aug 23, 2021 | Request | CASE TENTATIVELY calendared for oral argument for the week of 11/01/2021. [20-30732] (GAM) |
BL-43 | Aug 23, 2021 | Request | PAPER 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-44 | Sep 8, 2021 | Request | Paper 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-45 | Sep 8, 2021 | Request | Paper 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-46 | Sep 8, 2021 | Request | Paper 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-47 | Sep 13, 2021 | Request | Paper 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-48 | Sep 24, 2021 | Request | CASE 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-49 | Oct 7, 2021 | Request | APPEARANCE FORM for the court's review. Lead Counsel? No. [20-30732] (Edmond Dante Anderson III) |
BL-50 | Oct 8, 2021 | Request | Attorney 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-51 | Oct 8, 2021 | Request | APPEARANCE FORM for the court's review. Lead Counsel? No. [20-30732] (Edmond Dante Anderson III) |
BL-52 | Oct 8, 2021 | Request | APPEARANCE 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-53 | Nov 2, 2021 | Request | ORAL 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-54 | Jan 3, 2022 | View | PUBLISHED OPINION FILED. [20-30732] (CCR) |
BL-55 | Jan 3, 2022 | Request | JUDGMENT ENTERED AND FILED. Costs Taxed Against: appellee. [20-30732] (CCR) |