Kaweah Delta Health Care District, et al v. Xavier Becerra

Docket(#11) Filed order (JACQUELINE H. NGUYEN, MICHELLE T. FRIEDLAND and JENNIFER SUNG) The motion to dismiss cross-appeal No. 23-55209 for lack of jurisdiction (Docket Entry No. [ # 7 ] in No. 23-55157) is denied without prejudice to renewing the arguments in the merits briefing. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (noting that merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). The first brief on cross-appeal is due July 3, 2023. The second brief on cross-appeal is due August 2, 2023. The third brief on cross-appeal is due September 1, 2023. The optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. [12726510] [23-55157, 23-55209] (OC) [Entered: 06/01/2023 11:49 AM]

Docket(#10) Appellant Alex M. Azar II in 23-55157 and Appellant Alex M. Azar II in 23-55209 substituted by Appellant Xavier Becerra in 23-55157 and Appellant Xavier Becerra in 23-55209 [12708904] [23-55157, 23-55209] (TYL) [Entered: 05/04/2023 12:01 PM]

Docket(#9) 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(#8) 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 ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing)). Date of service: 04/07/2023. [12691321] [23-55209, 23-55157] (Bookman, Lloyd) [Entered: 04/07/2023 12:34 PM]

Docket(#7) 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(#6) 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(#5) 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.[12673328]. [23-55209] (AD) [Entered: 03/13/2023 06:44 PM]

Docket(#4) 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(#3) 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(#2) 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(#1) 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]