Banner Health, et al v. Thomas Price
Appeal Court of Appeals for the D.C. Circuit, Case No. 16-5129

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Last Updated June 13, 2017 at 11:09 PM EDT (4.6 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts
Nature of Suit 2151 - Contract: Medicare Act Overpay
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Legal Document (Payment Possibly Required) 01207914711 Filed: 3/27/2017, Entered: None Unknown Document Type
APPELLANT FINAL REPLY BRIEF [1667958] filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals [Service Date: 03/27/2017 ] Length of Brief: 10,858 words. [16-5129] (Nash, Stephen)
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    Legal Document (Payment Possibly Required) 01207914708 Filed: 3/27/2017, Entered: None Unknown Document Type
    APPELLANT FINAL BRIEF [1667957] filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals [Service Date: 03/27/2017 ] Length of Brief: 21,427 words. [16-5129] (Nash, Stephen)
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      Legal Document (Payment Possibly Required) 01207914699 Filed: 3/27/2017, Entered: None Unknown Document Type
      APPELLEE FINAL BRIEF [1667954] filed by Dr. Thomas E. Price [Service Date: 03/27/2017 ] Length of Brief: 21,701 words. [16-5129] (Shultz, Benjamin)
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        Blank 01207914316 Filed: 3/24/2017, Entered: None Unknown Document Type
        ERRATA [1667739] to appendix [1666775-2] filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals [Service Date: 03/24/2017 ] [16-5129] (Nash, Stephen)
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          Legal Document (Payment Possibly Required) 01207913946 Filed: 3/23/2017, Entered: None Unknown Document TypeCourt Filing
          PER CURIAM ORDER [1667546] filed granting appellee's motion for leave to filed an amended appellee's brief [1667271-2] Before Judges: Rogers, Griffith and Srinivasan. [16-5129]
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            Legal Document (Payment Possibly Required) 01207913408 Filed: 3/22/2017, Entered: None Unknown Document Type
            UNOPPOSED MOTION [1667271] for leave to amend brief filed by Dr. Thomas E. Price [Service Date: 03/22/2016 ] Length Certification: 393 words. [16-5129] (Shultz, Benjamin)
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              Legal Document (Payment Possibly Required) 01207912571 Filed: 3/20/2017, Entered: None Unknown Document Type
              JOINT APPENDIX [1666775] filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital, West Virginia University Hospitals and Dr. Thomas E. Price. [Volumes: 2] [Service Date: 03/20/2017 ] [16-5129] (Nash, Stephen)
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                Legal Document (Payment Possibly Required) 01207911092 Filed: 3/14/2017, Entered: None Unknown Document Type
                APPELLANT REPLY BRIEF [1666021] filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals [Service Date: 03/14/2017 ] Length of Brief: 10,966 words. [16-5129] (Nash, Stephen)
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                  Legal Document (Payment Possibly Required) 01207902506 Filed: 2/14/2017, Entered: None Unknown Document Type
                  PER CURIAM ORDER [1661270] filed that the following revised briefing schedule will now apply: APPELLANT Reply Brief due 03/14/2017. DEFERRED APPENDIX due 03/20/2017. Final Briefs due 03/27/2017. Because the briefing schedule is keyed to the date of oral argument, the parties are strongly encouraged to hand-deliver the paper copies of their submissions on the date due. Additionally, the parties are reminded that they must use a class of mail that is at least as expeditious as first-class mail. See Fed. R. App. P. 25(a). [16-5129]
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                    Legal Document (Payment Possibly Required) 01207900278 Filed: 2/7/2017, Entered: None Unknown Document Type
                    UNOPPOSED MOTION [1660012] to extend time to file brief to 03/14/2017. filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals [Service Date: 02/07/2017 ] Length Certification: 456 words. [16-5129] (Nash, Stephen)
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                      Legal Document (Payment Possibly Required) 01207900049 Filed: 2/7/2017, Entered: None Unknown Document Type
                      CLERK'S ORDER [1659875] filed scheduling oral argument on Thursday, 04/13/2017. [16-5129]
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                        Legal Document (Payment Possibly Required) 01207899762 Filed: 2/6/2017, Entered: None Unknown Document Type
                        APPELLEE BRIEF [1659735] filed by Sylvia Mathews Burwell [Service Date: 02/06/2014 ] Length of Brief: 21,845 words. [16-5129] (Shultz, Benjamin)
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                          Legal Document (Payment Possibly Required) 01207895962 Filed: 1/26/2017, Entered: None Unknown Document TypeCourt Filing
                          PER CURIAM ORDER [1657660] granting appellee's unopposed motion to exceed word limit [1656902-2]. Appellee may file a response brief not to exceed 22,000 words. It is FURTHER ORDERED, on the court's own motion, that appellant be permitted to file a reply brief not to exceed 11,000 words. The briefing schedule entered November 29, 2016 remains in effect. Before Judges: Henderson, Brown and Pillard. [16-5129]
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                            Legal Document (Payment Possibly Required) 01207894510 Filed: 1/23/2017, Entered: None Unknown Document Type
                            UNOPPOSED MOTION [1656902] filed to exceed brief filed by Sylvia Mathews Burwell [Service Date: 01/23/2017 ] Length Certification: 557 words. [16-5129] (Shultz, Benjamin)
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                              Legal Document (Payment Possibly Required) 01207882801 Filed: 12/12/2016, Entered: None Unknown Document Type
                              CLERK'S ORDER [1650514] denying unopposed motion to exceed the limits on brief length and to extend the filing time for reply [1649424-2] without prejudice to renewal after appellee files its response brief. [16-5129]
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                                Legal Document (Payment Possibly Required) 01207881386 Filed: 12/7/2016, Entered: None Unknown Document Type
                                CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMITS [1649783] for motion to exceed word limits [1649424-2] filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals. [16-5129] (Collins, Sven)
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                                  Legal Document (Payment Possibly Required) 01207880797 Filed: 12/5/2016, Entered: None Unknown Document Type
                                  UNOPPOSED MOTION [1649424] filed to exceed brief filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals [Service Date: 12/05/2016 ] Length Certification: 4 pages. [16-5129] (Collins, Sven)
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                                    Legal Document (Payment Possibly Required) 01207878345 Filed: 11/29/2016, Entered: None Unknown Document Type
                                    CLERK'S ORDER [1648183] filed granting appellee's unopposed motion to extend time to file its brief [1647702-2], The following revised briefing schedule will now apply: APPELLEE Brief due on 02/06/2017. APPELLANT Reply Brief due 02/21/2017. DEFERRED APPENDIX due 02/28/2017. Final Briefs due 03/14/2017. [16-5129]
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                                      Legal Document (Payment Possibly Required) 01207877439 Filed: 11/28/2016, Entered: None Unknown Document Type
                                      UNOPPOSED MOTION [1647702] filed to extend time to file brief to 02/06/2017. filed by Sylvia Mathews Burwell [Service Date: 11/28/2016 ] Pages: 1-10. [16-5129] (Shultz, Benjamin)
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                                        Legal Document (Payment Possibly Required) 01207874173 Filed: 11/14/2016, Entered: None Unknown Document Type
                                        AMICUS FOR APPELLANT BRIEF [1645911] filed by Amici Hospitals [Service Date: 11/14/2016 ] Length of Brief: 6,963 words. [16-5129] (Roth, Robert)
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                                          Legal Document (Payment Possibly Required) 01207873576 Filed: 11/10/2016, Entered: None Unknown Document Type
                                          NOTICE [1645634] filed of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Amici Hospitals (see Attachment A) [Service Date: 11/10/2016 ] [16-5129] (Roth, Robert)
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                                            Legal Document (Payment Possibly Required) 01207873434 Filed: 11/10/2016, Entered: None Unknown Document Type
                                            INCORRECT DOCKET ENTRY-DISREGARD--NOTICE [1645559] filed of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Amici Hospitals (see Attachment A) [Service Date: 11/10/2016 ] [16-5129]--[Edited 11/10/2016 by LMC] (Roth, Robert)
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                                              Legal Document (Payment Possibly Required) 01207872465 Filed: 11/7/2016, Entered: None Unknown Document Type
                                              SEPARATE STATUTORY ADDENDUM [1644989] filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital, West Virginia University Hospitals and Sylvia Mathews Burwell to Appellant/Petitioner brief [1644988-2] [Service Date:11/07/2016 ] [16-5129] (Nash, Stephen)
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                                                Blank 01207872462 Filed: 11/7/2016, Entered: None Unknown Document Type
                                                APPELLANT BRIEF [1644988] filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals [Service Date: 11/07/2016 ] Length of Brief: 21,921 Words. [16-5129] (Nash, Stephen)
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                                                  Legal Document (Payment Possibly Required) 01207858783 Filed: 9/26/2016, Entered: None Unknown Document Type
                                                  CLERK'S ORDER [1637775] filed setting briefing schedule: APPELLANT Brief due 11/07/2016. APPELLEE Brief due on 12/07/2016. APPELLANT Reply Brief due 12/21/2016. DEFERRED APPENDIX due 12/28/2016. Final Briefs due 01/11/2017. [16-5129]
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                                                    Legal Document (Payment Possibly Required) 01207857725 Filed: 9/22/2016, Entered: None Unknown Document TypeCourt Filing
                                                    PER CURIAM ORDER [1637225] granting motion to exceed word limits [1631108-2]. Appellants may file an opening brief not exceeding 22,000 words. The Clerk is directed to enter a new briefing schedule. Before Judges: Brown, Griffith and Pillard. [16-5129]
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                                                      Legal Document (Payment Possibly Required) 01207847818 Filed: 8/24/2016, Entered: None Unknown Document Type
                                                      CLERK'S ORDER [1631725] filed suspending briefing schedule. [1625824-3] [16-5129]
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                                                        Legal Document (Payment Possibly Required) 01207846587 Filed: 8/18/2016, Entered: None Unknown Document Type
                                                        MOTION [1631108] filed by Banner Health to exceed brief (Response to Motion served by mail due on 09/01/2016) [Service Date: 08/18/2016 by CM/ECF NDA, Email] Pages: 1-10. [16-5129] (Nash, Stephen)
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                                                          Legal Document (Payment Possibly Required) 01207836851 Filed: 7/20/2016, Entered: None Unknown Document Type
                                                          CLERK'S ORDER [1625824] filed setting briefing schedule: APPELLANT Brief due 08/29/2016. APPELLEE Brief due on 09/28/2016. APPELLANT Reply Brief due 10/12/2016. DEFERRED APPENDIX due 10/19/2016. Final Briefs due 11/02/2016. [16-5129]
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                                                            Legal Document (Payment Possibly Required) 01207828184 Filed: 6/22/2016, Entered: None Unknown Document Type
                                                            TRANSCRIPT STATUS REPORT [1621120] filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals [Service Date: 06/22/2016 ]. Status of Transcripts: Final - No transcripts are needed for the appeal. [16-5129] (Nash, Stephen)
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                                                              Legal Document (Payment Possibly Required) 01207828181 Filed: 6/22/2016, Entered: None Unknown Document Type
                                                              ENTRY OF APPEARANCE [1621119] filed by Stephen P. Nash and Sven C. Collins on behalf of Appellants Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals. [16-5129] (Nash, Stephen)
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                                                                Legal Document (Payment Possibly Required) 01207828175 Filed: 6/22/2016, Entered: None Unknown Document Type
                                                                STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1621117] filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals [Service Date: 06/22/2016 ] Intent: AppxDeferred [16-5129] (Nash, Stephen)
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                                                                  Legal Document (Payment Possibly Required) 01207828157 Filed: 6/22/2016, Entered: None Unknown Document Type
                                                                  UNDERLYING DECISION IN CASE [1621116] submitted by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals [16-5129] (Nash, Stephen)
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                                                                    Legal Document (Payment Possibly Required) 01207828154 Filed: 6/22/2016, Entered: None Unknown Document Type
                                                                    STATEMENT OF ISSUES [1621114] filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals [Service Date: 06/22/2016 ] [16-5129] (Nash, Stephen)
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                                                                      Legal Document (Payment Possibly Required) 01207828150 Filed: 6/22/2016, Entered: None Unknown Document Type
                                                                      CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1621113] filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals [Service Date: 06/22/2016 ] [16-5129] (Nash, Stephen)
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                                                                        Legal Document (Payment Possibly Required) 01207828147 Filed: 6/22/2016, Entered: None Unknown Document Type
                                                                        DOCKETING STATEMENT [1621112] filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals [Service Date: 06/22/2016 ] [16-5129] (Nash, Stephen)
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                                                                          Legal Document (Payment Possibly Required) 01207828028 Filed: 6/22/2016, Entered: None Unknown Document Type
                                                                          CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1621042] filed by Sylvia Mathews Burwell [Service Date: 06/22/2016 ] [16-5129] (Shultz, Benjamin)
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                                                                            Legal Document (Payment Possibly Required) 01207827031 Filed: 6/20/2016, Entered: None Unknown Document Type
                                                                            ENTRY OF APPEARANCE [1620483] filed by Benjamin M. Shultz and co-counsel Michael S. Raab on behalf of Appellee Sylvia Mathews Burwell. [16-5129] (Shultz, Benjamin)
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                                                                              Legal Document (Payment Possibly Required) 01207816570 Filed: 5/23/2016, Entered: None
                                                                              CLERK'S ORDER [1614560] filed directing party to file initial submissions: APPELLANT docketing statement due 06/22/2016. APPELLANT certificate as to parties due 06/22/2016. APPELLANT statement of issues due 06/22/2016. APPELLANT underlying decision due 06/22/2016. APPELLANT deferred appendix statement due 06/22/2016. APPELLANT notice of appearance due 06/22/2016. APPELLANT transcript status report due 06/22/2016. APPELLANT procedural motions due 06/22/2016. APPELLANT dispositive motions due 07/07/2016; directing party to file initial submissions: APPELLEE certificate as to parties due 06/22/2016. APPELLEE entry of appearance due 06/22/2016. APPELLEE procedural motions due 06/22/2016. APPELLEE dispositive motions due 07/07/2016 [16-5129]
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                                                                                Legal Document (Payment Possibly Required) 01207816567 Filed: 5/23/2016, Entered: None
                                                                                NOTICE OF APPEAL [1614558] filed by Abbott Northwestern Hospital, Banner Health, Billings Clinic, Buffalo Hospital, Cabell-Huntington Hospital, Inc., Cambridge Medical Center, Charleston Area Medical Center, Denver Health and Hospital Authority, Good Samaritan Hospital, Halifax Community Health System, Memorial Health System Colorado Springs, Mercy Hospital, New Ulm Medical Center, Owatonna Hospital, Parkview Medical Center, St. Francis Regional Medical Center, United Hospital, Unity Hospital, Valley View Hospital and West Virginia University Hospitals seeking review of a decision by the U.S. District Court in 1:10-cv-01638-CKK. Appeal assigned USCA Case Number: 16-5129. [16-5129]
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