Docket Entries Since Last Update
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Court Dockets
U.S. Court of Appeals for the Federal Circuit
Docket for Case #: 19-1290
Docket for Case #: 19-1290
Sanford Health Plan v. US
DOCKET INFORMATION
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| Amicus Curiae |
BLUE CROSS AND BLUE SHIELD OF NORTH DAKOTA
Amicus Curiae
| |
| Entry | Filed | Description | |
|---|---|---|---|
| BL-1 | Dec 11, 2018 | View | Appeal docketed. Received: 12/06/2018. [570822]<br>Entry of Appearance due 12/26/2018. Certificate of Interest due 12/26/2018. Docketing Statement due 01/10/2019. Appellant's brief due 02/11/2019. [MJL] |
| BL-2 | Dec 11, 2018 | View | Entry of appearance for Alisa B. Klein as principal counsel for Appellant US. Service: 12/11/2018 by email. [570904] [19-1290] [Alisa Klein] |
| BL-3 | Dec 11, 2018 | View | Entry of appearance for Mark B. Stern as of counsel for Appellant US. Service: 12/11/2018 by email. [570909] [19-1290] [Mark Stern] |
| BL-4 | Dec 14, 2018 | View | MOTION of Appellant US to consolidate appeals (No. 2019-1302) [Consent: unopposed]. Service: 12/14/2018 by email. [571729] [19-1290] [Alisa Klein] |
| BL-5 | Dec 14, 2018 | View | ORDER filed. The motion is granted, and the appeals are consolidated. The revised official caption is reflected in the order. The United States opening brief is due no later than February 11, 2019. Service: 12/14/2018 by clerk. [571999] [NL] |
| BL-6 | Dec 14, 2018 | Request | Note to file: The following cases are consolidated: 19-1290 (Lead) with 19-1302 (Member). FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [572094] [MJL] |
| BL-7 | Dec 20, 2018 | View | Docketing Statement for the Appellant US. Service: 12/20/2018 by email. [573465] [19-1290] [Alisa Klein] |
| BL-8 | Dec 26, 2018 | View | Entry of appearance for Stephen J. McBrady as principal counsel for Appellees Montana Health Co-op and Sanford Health Plan. Service: 12/26/2018 by email. [574422] [19-1290] [Stephen McBrady] |
| BL-9 | Dec 26, 2018 | View | Entry of appearance for Daniel W. Wolff as of counsel for Appellees Sanford Health Plan and Montana Health Co-op. Service: 12/26/2018 by email. [574424] [19-1290] [Stephen McBrady] |
| BL-10 | Dec 26, 2018 | View | Entry of appearance for Skye Mathieson as of counsel for Appellees Sanford Health Plan and Montana Health Co-op. Service: 12/26/2018 by email. [574425] [19-1290] [Stephen McBrady] |
| BL-11 | Dec 26, 2018 | View | Entry of appearance for Charles Baek as of counsel for Appellees Sanford Health Plan and Montana Health Co-op. Service: 12/26/2018 by email. [574426] [19-1290] [Stephen McBrady] |
| BL-12 | Dec 26, 2018 | View | Certificate of Interest for the Appellees Sanford Health Plan and Montana Health Co-op. Service: 12/26/2018 by email. [574428] [19-1290] [Stephen McBrady] |
| BL-13 | Jan 11, 2019 | Request | Docketing Statement for the Appellees Sanford Health Plan and Montana Health Co-op. Service: 01/11/2019 by email. [577804] [19-1290] [Stephen McBrady] |
| BL-14 | Jan 14, 2019 | Request | MOTION of Appellant US to extend the time to 03/13/2019 to file the opening brief. [Consent: unopposed]. Service: 01/14/2019 by clerk, email. [577966] [19-1290] [Alisa Klein] |
| BL-15 | Jan 16, 2019 | Request | CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: motion to extend time to file brief Docket No. , ERROR: Appellant's motion does not include (1) the official caption or short caption for this appeal and (2) an affidavit or unsworn declaration under penalty of perjury. CORRECTION: (1) The offical caption and short caption for this appeal can be found on the docket report. (2) Pursuant to FCR 26(b)(5), motion for an extension of more than 14 days must be accompanied by an affidavit or unsworn declaration. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [578549] [MMA] |
| BL-16 | Jan 16, 2019 | Request | **TEXT ONLY** ORDER granting motion to extend time to file brief filed by Appellant US. Appellant's brief is due 03/13/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [578551] [MMA] |
| BL-17 | Feb 7, 2019 | Request | MOTION of Appellant US to extend the time to 03/25/2019 to file the opening brief. [Consent: unopposed]. Service: 02/07/2019 by email. [584182] [19-1290] [Alisa Klein] |
| BL-18 | Feb 11, 2019 | Request | **TEXT ONLY** ORDER granting motion to extend time to file the opening brief filed by Appellant US. Appellant's opening brief is due 03/25/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [584830] [JAL] |
| BL-19 | Mar 13, 2019 | View | MOTION of Appellant US to treat as companion cases [Consent: unopposed]. Service: 03/13/2019 by email. [592497] [19-1290] [Alisa Klein] |
| BL-20 | Mar 15, 2019 | View | ORDER filed. The motion is granted. Appeal Nos. 2019-1290, -1302 and Appeal No. 2019-1633 shall be considered companion cases and assigned to the same merits panel. Service: 03/15/2019 by clerk. [593189] [19-1290, 19-1633] [LMS] |
| BL-21 | Mar 22, 2019 | View | MODIFIED ENTRY: BRIEF FILED for Appellant US. Number of Pages: 39. Service: 03/22/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [595042] --[Edited 03/27/2019 by MMA - Reason: compliance review complete] [Alisa Klein] |
| BL-22 | Apr 17, 2019 | View | MOTION of Appellant US leave to file a single reply brief in companion cases [Consent: unopposed]. Service: 04/17/2019 by email. [600873] [19-1290] [Alisa Klein] |
| BL-23 | Apr 25, 2019 | Request | ORDER filed. The motions are granted. The United States' reply brief is due within 21 days of the date of filing of the appellee's response brief in Appeal No. 2019-1633. A copy of this order shall be transmitted to the merits panel assigned to these appeals, to inform the panel why there is a single reply brief.; <i> - FOR CALENDAR</i>. Service: 04/25/2019 by clerk. [602897] [19-1290, 19-1633] [LMS] |
| BL-24 | May 1, 2019 | View | MODIFIED ENTRY: BRIEF FILED for Montana Health Co-op and Sanford Health Plan. Number of Pages: 65. Service: 05/01/2019 by email. [604516]--[Edited 05/02/2019 by MJL - compliance review complete] [Stephen McBrady] |
| BL-25 | May 2, 2019 | Request | <b>REMINDER</b>: All counsel of record are reminded of their responsibility per FCR 47.3(c)(1) and 47.4(c) to <u>promptly</u> submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. The court notes that the COI included in Appellees' response brief . Please ensure the most up-to-date COI is entered as a separate docket entry on the docket for this appeal. [604727] [MJL] |
| BL-26 | May 3, 2019 | Request | Amended Certificate of Interest for the Appellees Montana Health Co-op and Sanford Health Plan. Service: 05/03/2019 by email. [605008] [19-1290] [Stephen McBrady] |
| BL-27 | May 8, 2019 | Request | Entry of appearance for Lawrence S. Sher as principal counsel for Blue Cross and Blue Shield of North Dakota, Blue Cross and Blue Shield of Vermont, Local Initiative Health Authority for L.A. County, d/b/a L.A. Care Health Plan, and Molina Healthcare of California, Inc.. Service: 05/08/2019 by email. [605813] [19-1290] [Lawrence Sher] |
| BL-28 | May 8, 2019 | Request | Entry of appearance for Colin E. Wrabley as of counsel for Blue Cross and Blue Shield of North Dakota, Blue Cross and Blue Shield of Vermont, Local Initiative Health Authority for L.A. County, d/b/a L.A. Care Health Plan, and Molina Healthcare of California, Inc.. Service: 05/08/2019 by email. [605825] [19-1290] [Colin Wrabley] |
| BL-29 | May 8, 2019 | Request | Entry of appearance for Stephen A. Swedlow as principal counsel for Common Ground Healthcare Cooperative. Service: 05/08/2019 by email. [605874] [19-1290] [Stephen Swedlow] |
| BL-30 | May 8, 2019 | View | FILED from Blue Cross Blue Shield of North Dakota, Blue Cross and Blue Shield of Vermont, Local Initiative Health Authority for L.A. County, D/B/A/ L.A. Care Health Plan, and Molina Healthcare of California, Inc. Title: AMICUS CURIAE BRIEF. Service: 05/08/2019 by email. [Lawrence Sher] |
| BL-31 | May 8, 2019 | View | MODIFIED ENTRY: AMICUS BRIEF FILED for Common Ground Healthcare Cooperative. Number of Pages: 11. Service: 05/08/2019 by email. [605997]--[Edited 05/10/2019 by MMA - Reason: compliance review complete] [Stephen Swedlow] |
| BL-32 | May 10, 2019 | Request | CLERK'S OFFICE QUALITY CONTROL MESSAGE: re:attorney entry of appearance Docket No. , ERROR: Only the lead case number (19-1290) was included on the document. CORRECTION: In future filings, please include all consolidated and cross-appeal case numbers. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [606516]--[Edited 05/10/2019 by MMA to revise docket text] [MMA] |
| BL-33 | May 10, 2019 | Request | CLERK'S OFFICE QUALITY CONTROL MESSAGE: re:attorney entry of appearance Docket No. , ERROR: The contact information listed on the entry of appearance for S. Swedlow does not match the information in the attorney's user account. CORRECTION: Please update as needed to ensure that the contact information on the entry of appearance and in the user account matches. [606527] [MMA] |
| BL-34 | May 10, 2019 | Request | Amended Entry of appearance for Colin E. Wrabley as of counsel for Amici Curiae Blue Cross and Blue Shield of North Dakota, Blue Cross and Blue Shield of Vermont, Local Initiative Health Authority for L.A. County and Molina Healthcare of California, Inc.. Service: 05/10/2019 by email. [606642] [19-1290] [Colin Wrabley] |
| BL-35 | May 10, 2019 | Request | Amended Entry of appearance for Lawrence S. Sher as principal counsel for Amici Curiae Blue Cross and Blue Shield of North Dakota, Blue Cross and Blue Shield of Vermont, Local Initiative Health Authority for L.A. County and Molina Healthcare of California, Inc.. Service: 05/10/2019 by email. [606645] [19-1290] [Lawrence Sher] |
| BL-36 | May 10, 2019 | Request | MODIFIED ENTRY: CORRECTED AMICUS BRIEF FILED for Blue Cross Blue Shield of North Dakota, Blue Cross and Blue Shield of Vermont, Local Initiative Health Authority for L.A. County and Molina Healthcare of California, Inc. Number of Pages: 29. Service: 05/10/2019 by email. [606647]--[Edited 05/14/2019 by MMA - Reason: compliance review complete] [Lawrence Sher] |
| BL-37 | May 10, 2019 | Request | Notice of Correction to the Brief Doc No. for Amici Curiae Blue Cross and Blue Shield of North Dakota, Blue Cross and Blue Shield of Vermont, Local Initiative Health Authority for L.A. County and Molina Healthcare of California, Inc.. Service: 05/10/2019 by email. [606651] [19-1290] [Lawrence Sher] |
| BL-38 | Jun 19, 2019 | Request | MOTION of Appellant US to extend the time to 07/12/2019 to file the reply brief. [Consent: unopposed]. Service: 06/19/2019 by email. [615568] [19-1290] [Alisa Klein] |
| BL-39 | Jun 24, 2019 | Request | ORDER granting motion to extend time to file appellant's reply brief () filed by US. The brief is due 07/12/2019. Service as of this date by the Clerk of Court. [616413] [19-1290, 19-1633] [MJL] |
| BL-40 | Jul 12, 2019 | View | MODIFIED ENTRY: REPLY BRIEF FILED for Appellant US. Number of Pages: 27. Service: 07/12/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [620456] --[Edited 07/12/2019 by MMA - Reason: compliance review complete] [Alisa Klein] |
| BL-41 | Jul 19, 2019 | View | FILED from Appellant US. Title: JOINT APPENDIX. Service: 07/19/2019 by email. . [Alisa Klein] |
| BL-42 | Jul 19, 2019 | View | NOTICE OF NON-COMPLIANCE: The submission of US, Joint Appendix , is not in compliance with the rules of this court (see attached). Compliant appendix due 07/26/2019. Service as of this date by the Clerk of Court. [622113] [MJL] |
| BL-43 | Jul 19, 2019 | View | MODIFIED ENTRY: CORRECTED APPENDIX FILED for US. Number of Pages: 323. Service: 07/19/2019 by email. [622143]--[Edited 07/19/2019 by MJL - compliance review complete] [Alisa Klein] |
| BL-44 | Jul 23, 2019 | Request | Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found <a href="http://www.cafc.uscourts.gov/sites/default/files/arguments/Response_to_Notice_to_Advise_of_Scheduling_Conflicts_Form.pdf">here</a>. The Oral Argument Guide can be found <a href="http://www.cafc.uscourts.gov/sites/default/files/arguments/OralArgumentGuide.pdf">here</a>. [622904] [MJL] |
| BL-45 | Jul 23, 2019 | Request | Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(1). [622906] [MJL] |
| BL-46 | Jul 24, 2019 | Request | 6 paper copies of the Opening Response Brief received from Appellees Montana Health Co-op and Sanford Health Plan. [623187] [CJF] |
| BL-47 | Jul 24, 2019 | Request | 6 paper copies of the Corrected Amicus Brief received from Amici Curiae Blue Cross Blue Shield of North Dakota, Blue Cross and Blue Shield of Vermont, Local Initiative Health Authority for L.A. County and Molina Healthcare of California, Inc.. [623188] [CJF] |
| BL-48 | Jul 24, 2019 | Request | 6 paper copies of the Opening Brief received from Appellant US. [623275] [CJF] |
| BL-49 | Jul 24, 2019 | Request | 6 paper copies of the Corrected Appendix Brief received from Appellant US. [623276] [CJF] |
| BL-50 | Jul 24, 2019 | Request | 6 paper copies of the Reply Brief received from Appellant US. [623277] [CJF] |
| BL-51 | Jul 26, 2019 | Request | Notice from Appellees Montana Health Co-op and Sanford Health Plan regarding conflicts with oral argument. Service: 07/26/2019 by email, US mail. [623875] [19-1290] [Stephen McBrady] |
| BL-52 | Jul 29, 2019 | Request | The following conflict dates submitted by Attorney Daniel William Wolff for Appellees Sanford Health Plan and Montana Health Co-op have been accepted by the court: 03/02/2020, 03/03/2020, 03/04/2020, 03/05/2020, 03/06/2020. [623916] [JAB] |
| BL-53 | Jul 29, 2019 | Request | Notice from Appellant US regarding conflicts with oral argument. Service: 07/29/2019 by email. [623973] [19-1290] [Alisa Klein] |
| BL-54 | Jul 29, 2019 | Request | The following conflict dates submitted by Attorney Alisa Beth Klein for Appellant US have been accepted by the court: 01/06/2020, 01/07/2020. [624013] [JAB] |
| BL-55 | Jul 30, 2019 | Request | 6 paper copies of the Amicus Brief received from Amicus Curiae Common Ground Healthcare Cooperative. [624519] [CJF] |
| BL-56 | Jul 30, 2019 | View | ORDER filed. The motion is granted. Appeal Nos. 2019-1290, -1302, Appeal No. 2019-1633, and Appeal No. 2019-2102 shall be considered companion cases and assigned to the same merits panel. These cases shall be placed on the next available oral argument calendar. A copy of this order shall be transmitted to the merits panel. Service: 07/30/2019 by clerk. [624558] [19-2102, 19-1290, 19-1633] [NL] |
| BL-57 | Sep 11, 2019 | Request | Notice from Appellant US regarding conflicts with oral argument. Service: 09/11/2019 by email, US mail. [634728] [19-1290] [Alisa Klein] |
| BL-58 | Sep 12, 2019 | Request | The following conflict date submitted by Attorney Alisa Beth Klein for Appellant US has been accepted by the court: 11/08/2019. [634865] [MJL] |
| BL-59 | Sep 12, 2019 | Request | CLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: The conflict form for the US references non-consolidated case numbers. CORRECTION: Counsel is reminded that documents intended to be filed for companion cases must be filed in each individual case. Indicating companion numbers on a filing in one case does not apply that filing across the other cases. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [634880] [MJL] |
| BL-60 | Nov 20, 2019 | Request | 6 paper copies of the Reply Brief received from Appellant US. [651116] [CJF] |
| BL-61 | Nov 21, 2019 | Request | NOTICE OF ORAL ARGUMENT. Panel: 2001L. Case scheduled January 9, 2020 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, NW Washington, DC 20439), Courtroom 402. Response to Notice of Oral Argument due: 12/16/2019. Please review the attached Notice. The response to notice of oral argument form can be found <a href="http://www.cafc.uscourts.gov/sites/default/files/arguments/Response_to_Notice_of_Oral_Argument_Form.pdf">here</a>. The Oral Argument Guide can be found <a href="http://www.cafc.uscourts.gov/sites/default/files/arguments/OralArgumentGuide.pdf">here</a>. [651381] [JAB] |
| BL-62 | Nov 26, 2019 | Request | MOTION of Appellant US to consolidate appeals (2019-1633, 2019-2102) [Consent: unopposed]. Service: 11/26/2019 by email, US mail. [652619] [19-1290] [Alisa Klein] |
| BL-63 | Nov 27, 2019 | View | ORDER filed. The motions () are granted. Each side will have a total of 30 minutes for the consolidated oral argument. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [652766] [19-1290, 19-1633, 19-2102]--[Edited 11/27/2019 by JAB to correct docket text] [JAB] |
| BL-64 | Dec 2, 2019 | View | Response to notice of oral argument from the Appellant US. [653234] [19-1290] [Alisa Klein] |
| BL-65 | Dec 2, 2019 | View | Response to notice of oral argument from the Appellees Sanford Health Plan and Montana Health Co-op. [653308] [19-1290] [Stephen McBrady] |
| BL-66 | Dec 13, 2019 | View | Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellant US. Service: 12/13/2019 by email, US mail. [656439] [19-1290] [Alisa Klein] |
| BL-67 | Jan 9, 2020 | Request | Submitted after ORAL ARGUMENT by <br>Ms. Alisa Beth Klein for US and Mr. Daniel William Wolff for Sanford Health Plan and Montana Health Co-op.<br> Panel: Judge: Dyk , Judge: Bryson , Judge: Taranto. [661806] [JCP] |
| BL-68 | Apr 28, 2020 | View | ORDER filed. The parties shall file simultaneous supplemental briefs, not to exceed 15 pages double-spaced, addressing the impact of the Supreme Court's decision in Maine Community Health Options on these cases [see order for details]. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [690414] [19-1290, 19-1633, 19-2102] [JAB] |
| BL-69 | May 19, 2020 | View | MODIFIED ENTRY: BRIEF FILED (SUPPLEMENTAL) for US. Number of Pages: 12. Service: 05/19/2020 by email. [695676]--[Edited 05/20/2020 by MJL - compliance review complete] [Alisa Klein] |
| BL-70 | May 19, 2020 | View | MODIFIED ENTRY: BRIEF FILED (SUPPLEMENTAL) for Montana Health Co-op and Sanford Health Plan. Number of Pages: 15. Service: 05/19/2020 by email. [695771]--[Edited 05/20/2020 by MJL - compliance review complete] [Stephen McBrady] |
| BL-71 | Aug 14, 2020 | Request | OPINION filed for the court by Dyk, Circuit Judge; Bryson, Circuit Judge and Taranto, Circuit Judge. Precedential Opinion. [714844] [19-1290, 19-1302] [JAB] |
| BL-72 | Aug 14, 2020 | Request | JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click <a href="http://cafc.uscourts.gov/contact/clerks-office/filing-resources">here</a>. [714845] [19-1290, 19-1302] [JAB] |
| BL-73 | Sep 11, 2020 | View | MOTION of to allow the filing of conditional cross-petitions for rehearing or rehearing en banc [Consent: unopposed]. Service: 09/11/2020 by email, US mail. [720993] [19-1290] [Alisa Klein] |
| BL-74 | Sep 14, 2020 | Request | ORDER filed. The motions () are granted. Any cross-petition shall be due at the same time as any response requested by the court. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [721401] [19-1290, 19-1633, 19-2102] [JAB] |
| BL-75 | Oct 5, 2020 | Request | Mandate issued to the United States Court of Federal Claims. Service as of this date by the Clerk of Court. [726402] [19-1290, 19-1302] [JAB] |