Kaweah Delta Health Care District, et al v. Alex Azar, II

Docket(#18) Filed (ECF) Appellant Alex M. Azar, II in 23-55157, Appellee Alex M. Azar, II in 23-55209 reply to response (motion to dismiss for lack of jurisdiction, ). Date of service: 04/14/2023. [12695532] [23-55157, 23-55209] (Peters, David) [Entered: 04/14/2023 07:28 AM]

Docket(#17) Filed (ECF) Appellants American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55209, Appellees American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55157 response to motion ([ # 16 ] Motion (ECF Filing), [ # 16 ] Motion (ECF Filing)). Date of service: 04/07/2023. [12691321] [23-55209, 23-55157] (Bookman, Lloyd) [Entered: 04/07/2023 12:34 PM]

Docket(#16) Filed (ECF) Appellant Alex M. Azar, II in 23-55157, Appellee Alex M. Azar, II in 23-55209 Motion to dismiss for lack of jurisdiction. Date of service: 03/28/2023. [12683253] [23-55157, 23-55209] (Peters, David) [Entered: 03/28/2023 09:12 AM]

Docket(#15) MEDIATION ORDER FILED: These cases are RELEASED from the Mediation Program. [12678808] [23-55157, 23-55209] (CL) [Entered: 03/21/2023 03:09 PM]

Docket(#14) The Mediation Questionnaire for this case was filed on 03/13/2023. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . 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.[12673326]. [23-55157] (AD) [Entered: 03/13/2023 06:44 PM]

Docket(#13) Filed (ECF) Appellants American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55209, Appellees American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55157 Mediation Questionnaire. Date of service: 03/13/2023. [12673112] [23-55209, 23-55157] (Bookman, Lloyd) [Entered: 03/13/2023 03:14 PM]

Docket(#12) Added Attorney David Jacob Vernon for Appellees/Cross-Appellants Kaweah Delta Health Care District, et al., in cases 23-55157 and 23-55209. [12669093] [23-55157, 23-55209] (HH) [Entered: 03/07/2023 01:14 PM]

Docket(#11) Filed (ECF) notice of appearance of David Jacob Vernon (Hooper, Lundy & Bookman, P.C., 401 9th Street, N.W., Suite 550, Washington, D.C. 20004) for Appellants American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55209, Appellees American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation in 23-55157. Date of service: 03/07/2023. (Party was previously proceeding with counsel.) [12668979] [23-55209, 23-55157] (Vernon, David) [Entered: 03/07/2023 11:53 AM]

Docket(#10) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellants American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, CHA Hollywood Medical Center, L.P., CHLB, LLC, CMCM, Inc., Casa Colina Hospital and Centers for Healthcare, Chinese Hospital Association, City of El Centro, Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Dameron Hospital Association, Deanco Healthcare, LLC, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation Mediation Questionnaire due on 03/14/2023. First cross appeal brief due 05/30/2023 for Alex M. Azar II. Second brief on cross appeal due 06/30/2023 for American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, CHA Hollywood Medical Center, L.P., CHLB, LLC, CMCM, Inc., Casa Colina Hospital and Centers for Healthcare, Chinese Hospital Association, City of El Centro, Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, County of Ventura, Dameron Hospital Association, Deanco Healthcare, LLC, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation. Third brief on cross appeal due 07/31/2023 for Alex M. Azar II. Optional cross appeal Reply brief is due within 21 days of service of Third brief on cross appeal. [12668855] [23-55209, 23-55157] (RT) [Entered: 03/07/2023 11:02 AM]

Docket(#9) MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 03/14/2023, 11:30 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12666296] (CL) [Entered: 03/02/2023 03:06 PM]

Docket(#8) Added Plaintiff/Appellee County of Ventura. [12664713] (HH) [Entered: 03/01/2023 10:52 AM]

Docket(#7) The Mediation Questionnaire for this case was filed on 02/28/2023. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . 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.[12664387]. [23-55157] (AD) [Entered: 02/28/2023 06:44 PM]

Docket(#6) Filed (ECF) Appellees American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, Casa Colina Hospital and Centers for Healthcare, CHA Hollywood Medical Center, L.P., Chinese Hospital Association, CHLB, LLC, City of El Centro, CMCM, Inc., Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, Deanco Healthcare, LLC, DHA, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation Mediation Questionnaire. Date of service: 02/28/2023. [12663822] [23-55157] (Bookman, Lloyd) [Entered: 02/28/2023 01:29 PM]

Docket(#5) The Mediation Questionnaire for this case was filed on 02/23/2023. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . 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.[12659900]. [23-55157] (AD) [Entered: 02/23/2023 12:44 PM]

Docket(#4) Filed (ECF) Appellant Alex M. Azar, II Mediation Questionnaire. Date of service: 02/23/2023. [12659543] [23-55157] (Peters, David) [Entered: 02/23/2023 09:26 AM]

Docket(#3) Attorney Lisa Zeidner Marcus substituted by Attorney David Peters. [12658446] (RL) [Entered: 02/22/2023 10:46 AM]

Docket(#2) Filed (ECF) notice of appearance of David L. Peters (Appellate Staff Civil Division, Room 7209 U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530) for Appellant Alex M. Azar, II. Substitution for Attorney Lisa Zeidner Marcus, Esquire for Appellant Alex M. Azar, II. Date of service: 02/22/2023. (Party was previously proceeding with counsel.) [12658438] [23-55157] (Peters, David) [Entered: 02/22/2023 10:43 AM]

Docket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Alex M. Azar II Mediation Questionnaire due on 02/28/2023. Transcript ordered by 03/20/2023. Transcript due 04/18/2023. Appellant Alex M. Azar II opening brief due 05/30/2023. Appellees American Hospital Management Corporation, Antelope Valley Healthcare District, Beverly Community Hospital Association, CHA Hollywood Medical Center, L.P., CHLB, LLC, CMCM, Inc., Casa Colina Hospital and Centers for Healthcare, Chinese Hospital Association, City of El Centro, Community Hospital of the Monterey Peninsula, Community Memorial Health System, County of Contra Costa, County of Monterey, County of Riverside, County of San Bernardino, County of San Mateo, County of Santa Clara, Dameron Hospital Association, Deanco Healthcare, LLC, Eisenhower Medical Center, El Camino Hospital, Enloe Medical Center, Good Samaritan Hospital, Heart Hospital of BK, LLC, Henry Mayo Newhall Memorial Hospital, Kaweah Delta Health Care District, Kern County Hospital Authority, Lompoc Valley Medical Center, Madera Community Hospital, Marin General Hospital, Marshall Medical Center, Martin Luther King Jr.- Los Angeles MLK-LA Healthcare Corporation, Methodist Hospital of Southern California, Northbay Healthcare Group, Oak Valley Hospital District, Oroville Hospital, Pacifica of the Valley Corporation, Pasadena Hospital Association, LTN, Pioneers Memorial Healthcare District, Pomona Valley Hospital Medical Center, Redlands Community Hospital, Saint Agnes Medical Center, Salinas Valley Memorial Health Care System, San Antonio Regional Hospital, Inc., San Benito Health Care District, San Gorgonio Memorial Healthcare District, Sierra View Local Health Care District, Somona Valley Health Care District, Tri-City Hospital District, Valley Presbyterian Hospital, Washington Township Health Care District and Watsonville Hospital Corporation answering brief due 06/27/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12657369] (JMR) [Entered: 02/21/2023 02:02 PM]