City & County of San Francisco v. Alex Azar, II

Court
9th Cir.
Docket number
20-15398
Filed
Terminated
Last filing
Nature of suit
2899 Other Statutes - APA Review/Appeal
Case
City & County of San Francisco v. Alex Azar, II
Cite
City & Cnty. of San Francisco v. Azar, No. 20-15398 (9th Cir. filed Mar. 9, 2020)
Source
Docket on CourtListener(opens another site)

The 9 court documents filed in this docket, as listed for its case.

Docket entries

The entries the archive holds for this docket. For the full docket, use the link above.

Docket entries
No.DateDescriptionDocument
1DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Alex M. Azar II, Roger T. Severino and U.S. Department of Health and Human Services Mediation Questionnaire due on 03/16/2020. Transcript ordered by 04/06/2020. Transcript due 05/05/2020. Appellants Alex M. Azar II, Roger T. Severino and U.S. Department of Health and Human Services opening brief due 06/15/2020. Appellee City and County of San Francisco answering brief due 07/15/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11622204] (JBS) [Entered: 03/09/2020 09:47 AM]Open(opens another site)
2Filed (ECF) notice of appearance of Sarah Carroll (U.S. Department of Justice, Civil Division, 950 Pennsylvania Ave. NW, Room 7511, Washington, DC 20530) for Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services. Substitution for Attorney Vinita Andrapalliyal for Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services. Date of service: 03/09/2020. (Party was previously proceeding with counsel.) [11623017] [20-15398] (Carroll, Sarah) [Entered: 03/09/2020 01:45 PM]Open(opens another site)
3Attorney Vinita Andrapalliyal in 20-15398 substituted by Attorney Sarah W. Carroll in 20-15398 [11623030] (NAC) [Entered: 03/09/2020 01:48 PM]Open(opens another site)
4Filed (ECF) notice of appearance of Leif Eric Overvold (U.S. Department of Justice, 950 Pennsylvania Ave., NW, Room 7226, Washington, DC 20530) for Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services. Date of service: 03/11/2020. (Party was previously proceeding with counsel.) [11625701] [20-15398] (Overvold, Leif) [Entered: 03/11/2020 08:14 AM]Open(opens another site)
5Added Attorney(s) Leif Eric Overvold for party(s) Appellant Alex M. Azar II Appellant Roger T. Severino Appellant U.S. Department of Health and Human Services, in case 20-15398. [11625708] (NAC) [Entered: 03/11/2020 08:17 AM]Open(opens another site)
6Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services Mediation Questionnaire. Date of service: 03/16/2020. [11630366] [20-15398] (Carroll, Sarah) [Entered: 03/16/2020 06:32 AM]Open(opens another site)
7The Mediation Questionnaire for this case was filed on 03/16/2020.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.[11630368]. [20-15398] (AD) [Entered: 03/16/2020 06:44 AM]Open(opens another site)
8MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 04/29/2020, 11:00 a.m.,PACIFIC Time. The briefing schedules previously set by the court remain in effect. See order for instructions and details. [11637186] [20-15398, 20-15399] (VS) [Entered: 03/20/2020 03:23 PM]Open(opens another site)
9Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services Unopposed Motion to consolidate cases 20-35044, 20-15398, 20-15399. Date of service: 04/08/2020. [11654892] [20-15398] (Carroll, Sarah) [Entered: 04/08/2020 06:18 AM]Open(opens another site)
10MEDIATION ORDER FILED: These cases are RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator by email should circumstances develop that warrant settlement discussions while the appeal is pending. [11675599] [20-15398, 20-15399] (VS) [Entered: 04/29/2020 12:10 PM]Open(opens another site)
11Filed clerk order (Deputy Clerk: KWH): The unopposed motions to consolidate these three appeals (Docket Entry No. [9] in 20-15398; Docket Entry No. [11654893-2] in 20-15399; Docket Entry No. [11654890-2] in No. 20-35044) are granted. The following brief schedule shall govern these consolidated appeals: Appellants’ consolidated opening brief and excerpts of record are due June 15, 2020. Appellees’ briefs are due July 15, 2020. Appellants’ consolidated optional reply brief shall be filed within 21 days of service of the appellees’ briefs. Appellee Trust Women Seattle’s motion to dismiss (Docket Entry No. [11649204-2], in No. 20-15399) will be addressed by separate order. [11685583] [20-15398, 20-15399, 20-35044] (RT) [Entered: 05/08/2020 04:33 PM]Open(opens another site)
12Filed order (BARRY G. SILVERMAN, CONSUELO M. CALLAHAN and JACQUELINE H. NGUYEN): Appellee Trust Women Seattle’s motion to dismiss it from this appeal (Docket Entry No. [11649204-2] in No. 20-15399) is granted. Trust Women Seattle’s cessation of business activities moots its claims brought in this action. [11707348] [20-15398, 20-15399, 20-35044] (AF) [Entered: 06/01/2020 04:32 PM]Open(opens another site)
13Terminated Appellee Trust Women Seattle in 20-15399 [11707364] [20-15398, 20-15399, 20-35044] (AF) [Entered: 06/01/2020 04:37 PM]Open(opens another site)
14Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-35044 Unopposed Motion to consolidate cases 20-15398, 20-15399, 20-16045, 20-35044. Date of service: 06/03/2020. [11710375] [20-15398, 20-15399, 20-35044] (Overvold, Leif) [Entered: 06/03/2020 06:27 PM]Open(opens another site)
15Submitted (ECF) Opening Brief for review. Submitted by Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-35044. Date of service: 06/15/2020. [11722646] [20-15398, 20-15399, 20-35044] (Overvold, Leif) [Entered: 06/15/2020 06:46 PM]Open(opens another site)
16Filed (ECF) Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-35044 Unopposed Motion to file oversized brief. Date of service: 06/15/2020. [11722650] [20-15398, 20-15399, 20-35044] (Overvold, Leif) [Entered: 06/15/2020 06:50 PM]Open(opens another site)
17Submitted (ECF) excerpts of record. Submitted by Appellants Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services in 20-15398, Appellants Alex M. Azar, II and U.S. Department of Health and Human Services in 20-15399, 20-35044. Date of service: 06/15/2020. [11722653] [20-15398, 20-15399, 20-35044] (Overvold, Leif) [Entered: 06/15/2020 06:57 PM]Open(opens another site)
18Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee City and County of San Francisco in 20-15398. New requested due date is 08/14/2020. [11724188] [20-15398, 20-15399, 20-35044] (Huling Delaye, Jaime) [Entered: 06/16/2020 05:14 PM]Open(opens another site)
19Streamlined request [18] by Appellee City and County of San Francisco in 20-15398 to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is stayed. See 9th Cir. R. 32-2. [11724338] [20-15398, 20-15399, 20-35044] (JN) [Entered: 06/17/2020 07:37 AM]Open(opens another site)
20Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by First Liberty Institute. Date of service: 06/22/2020. [11728661] [20-15398, 20-15399, 20-35044]--[COURT UPDATE: Attached corrected PDF of the brief. 06/22/2020 by KWG] (Harris, Jeffrey) [Entered: 06/22/2020 08:26 AM]Open(opens another site)
21Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by American Association of Pro-Life Obstetricians & Gynecologists, American College of Pediatricians, Catholic Medical Association, National Catholic Bioethics Center, & National Association of Catholic Nurses, USA. Date of service: 06/22/2020. [11728714] [20-15398, 20-15399, 20-35044] (Gray, Rory) [Entered: 06/22/2020 09:04 AM]Open(opens another site)
22Entered appearance of Amicus Curiae American Association of Pro-Life Obstetricians & Gynecologists, et al. [11728831] [20-15398, 20-15399, 20-35044] (KWG) [Entered: 06/22/2020 09:43 AM]Open(opens another site)
23Filed clerk order: The amicus brief [21] submitted by American Association of Pro-Life Obstetricians & Gynecologists, et al. is filed. No paper copies are required at this time. [11728834] [20-15398, 20-15399, 20-35044] (KWG) [Entered: 06/22/2020 09:44 AM]Open(opens another site)
24Entered appearance of Amicus Curiae First Liberty Institute. [11729111] [20-15398, 20-15399, 20-35044] (KWG) [Entered: 06/22/2020 11:50 AM]Open(opens another site)
25Filed clerk order: The amicus brief [20] submitted by First Liberty Institute is filed. No paper copies are required at this time. [11729116] [20-15398, 20-15399, 20-35044] (KWG) [Entered: 06/22/2020 11:52 AM]Open(opens another site)
26Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Public Advocate of the US, Pro Life Legal Defense Fund, U.S. Constitutional Rights Legal Defense Fund, California Constitutional Rights Fndn, Eagle Forum, Eagle Forum Foundation, One Nation Under God Foundation, and Conservative Legal Defense and Edu Fund. Date of service: 06/22/2020. [11729955] [20-15398, 20-15399, 20-35044] (Titus, Herbert) [Entered: 06/22/2020 05:56 PM]Open(opens another site)
27Entered appearance of Amicus Curiae Public Advocate of the US, et al. [11730549] [20-15398, 20-15399, 20-35044] (KWG) [Entered: 06/23/2020 11:15 AM]Open(opens another site)
28Filed clerk order: The amicus brief [26] submitted by Public Advocate of the US, et al. is filed. No paper copies are required at this time. [11730553] [20-15398, 20-15399, 20-35044] (KWG) [Entered: 06/23/2020 11:15 AM]Open(opens another site)
29Filed clerk order (Deputy Clerk: KWH): Appellant’s unopposed motion to consolidate State of California v. Azar, No. 20-16045, with the previously consolidated appeals (Docket Entry No. [1171037-2] in 20-15398; Docket Entry No. [14] in No. 20-15399; Docket Entry No. [11710380-2] in No. 20- 16045; and Docket Entry No. [14] in No. 20-35044) is granted. Appellant’s unopposed motion to file an oversized opening brief (Docket Entry No. [16] in 20-15398; Docket Entry No. [16] in 20-15399; Docket Entry No. [11722658-3] in No. 20-16045; and Docket Entry No. [16] in No. 20-35044) is granted. The Clerk shall file the consolidated opening brief received on June 15, 2020. Appellees’ briefs are due July 15, 2020. Appellants’ consolidated optional reply brief shall be filed within 21 days of service of the appellees’ briefs. [11744274] [20-15398, 20-15399, 20-16045, 20-35044] (RT) [Entered: 07/07/2020 11:38 AM]Open(opens another site)
30Filed clerk order: The opening brief [15] submitted by Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [17] submitted by Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11744313] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/07/2020 11:52 AM]Open(opens another site)
31Filed clerk order: The opening brief [11722655-2] submitted by Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [11722660-2] submitted by Alex M. Azar, II, Roger T. Severino and U.S. Department of Health and Human Services are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11744317] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/07/2020 11:54 AM]Open(opens another site)
32Filed clerk order: The Court previously filed the briefs [20], [21], [11728736-2], [26] submitted by Amici Curiae. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the Court's website at http://www.ca9.uscourts.gov/forms/form18.pdf. The covers of the amicus briefs must be green. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11744324] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/07/2020 11:55 AM]Open(opens another site)
33Filed (ECF) notice of appearance of Lauryn K. Fraas (Washington State Attorney General's Office 800 Fifth Avenue, Suite 2000, Seattle WA 98104-3180) for Appellee State of Washington in 20-35044. Date of service: 07/07/2020. (Party was previously proceeding with counsel.) [11744777] [20-35044, 20-15398, 20-15399, 20-16045] (Fraas, Lauryn) [Entered: 07/07/2020 02:38 PM]Open(opens another site)
34Added Attorney(s) Lauryn K. Fraas for party(s) Appellee State of Washington, in case 20-35044. [11744797] [20-15398, 20-15399, 20-16045, 20-35044] (NAC) [Entered: 07/07/2020 02:41 PM]Open(opens another site)
35Filed clerk order (Deputy Clerk: KWG): The portion of the order [31] requesting paper copies of the opening brief [11722655-2] and excerpts [11722660-2] was entered in error and is vacated. No paper copies of the opening brief or excerpts filed in No. 20-16045 are required. [11744985] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/07/2020 03:43 PM]Open(opens another site)
36Filed (ECF) Appellee City and County of San Francisco in 20-15398 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746436] [20-15398, 20-15399, 20-16045, 20-35044] (Huling Delaye, Jaime) [Entered: 07/08/2020 03:40 PM]Open(opens another site)
37Filed (ECF) Appellee State of California in 20-16045 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746576] [20-16045, 20-15398, 20-15399, 20-35044] (Palma, Neli) [Entered: 07/08/2020 04:41 PM]Open(opens another site)
38Filed (ECF) Appellee State of Washington in 20-35044 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746618] [20-35044, 20-15398, 20-15399, 20-16045] (Fraas, Lauryn) [Entered: 07/08/2020 05:13 PM]Open(opens another site)
39Filed (ECF) Appellees County of Santa Clara, Los Angeles LGBT Center, Whitman-Walker Clinic, Inc., Bradbury-Sullivan LGBT Community Center, Center On Halsted, Hartford Gyn Center, Mazzoni Center, Medical Students For Choice, AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Colleen McNicholas, Robert Bolan, Ward Carpenter, Sarah Henn and Randy Pumphrey in 20-15399 Motion to extend time to file Answering brief until 10/13/2020. Date of service: 07/08/2020. [11746641] [20-15398, 20-15399, 20-16045, 20-35044] (Nemetz, Miriam) [Entered: 07/08/2020 05:34 PM]Open(opens another site)
40Received 3 paper copies of excerpts of record [17] in 2 volume(s) filed by Appellants. [11750821] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/13/2020 02:10 PM]Open(opens another site)
41Received 6 paper copies of Amicus Brief [26] filed by Public Advocate of the US, et al. [11751315] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/13/2020 04:37 PM]Open(opens another site)
42Received 6 paper copies of Opening Brief [15] filed by Alex M. Azar, II, et al. [11751984] [20-15398, 20-15399, 20-16045, 20-35044] (KWG) [Entered: 07/14/2020 09:47 AM]Open(opens another site)
43Filed clerk order (Deputy Clerk: LKK): Appellees’ motions (Docket Entry Nos. [36], [37], [38] & [39] ) for extensions of time to file the answering briefs are granted. The answering briefs are due October 13, 2020. The optional consolidated reply brief is due within 21 days after service of the last-served answering brief. [11761113] [20-15398, 20-15399, 20-16045, 20-35044] (RT) [Entered: 07/21/2020 04:31 PM]Open(opens another site)
44Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Jamie A. Gliksberg for Appellees AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Robert Bolan, Bradbury-Sullivan LGBT Community Center, Ward Carpenter, Center On Halsted, County of Santa Clara, Hartford Gyn Center, Sarah Henn, Los Angeles LGBT Center, Mazzoni Center, Colleen McNicholas, Medical Students For Choice, Randy Pumphrey and Whitman-Walker Clinic, Inc. in 20-15399. Party proceeding without counsel: No. Date of service: 10/07/2020. [11850468] [20-15399, 20-15398, 20-16045, 20-35044] (Gliksberg, Jamie) [Entered: 10/07/2020 10:39 AM]Open(opens another site)
45Terminated Jamie A. Gliksberg for AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Robert Bolan, Bradbury-Sullivan LGBT Community Center, Ward Carpenter, Center On Halsted, County of Santa Clara, Hartford Gyn Center, Sarah Henn, Los Angeles LGBT Center, Mazzoni Center, Colleen McNicholas, Medical Students For Choice, Randy Pumphrey and Whitman-Walker Clinic, Inc. in 20-15399 [11850473] [20-15398, 20-15399, 20-16045, 20-35044] (NAC) [Entered: 10/07/2020 10:41 AM]Open(opens another site)
46Submitted (ECF) supplemental excerpts of record. Submitted by Appellee City and County of San Francisco in 20-15398, Appellees AGLP: The Association Of LGBTQ+ Psychiatrists, American Association Of Physicians For Human Rights, Robert Bolan, Bradbury-Sullivan LGBT Community Center, Ward Carpenter, Center On Halsted, County of Santa Clara, Hartford Gyn Center, Sarah Henn, Los Angeles LGBT Center, Mazzoni Center, Colleen McNicholas, Medical Students For Choice and Randy Pumphrey in 20-15399. Date of service: 10/12/2020. [11855269] [20-16045, 20-15398, 20-15399, 20-35044] (Palma, Neli) [Entered: 10/12/2020 05:35 PM]Open(opens another site)
47Submitted (ECF) Answering Brief for review. Submitted by Appellee State of California in 20-16045. Date of service: 10/13/2020. [11856249] [20-16045, 20-15398, 20-15399, 20-35044] (Palma, Neli) [Entered: 10/13/2020 12:56 PM]Open(opens another site)
48Submitted (ECF) Answering Brief for review. Submitted by Appellee City and County of San Francisco in 20-15398. Date of service: 10/13/2020. [11856878] [20-15398, 20-15399, 20-16045, 20-35044] (Eisenberg, Sara) [Entered: 10/13/2020 03:51 PM]Open(opens another site)
49Filed clerk order: The answering brief [47] submitted by Appellee State of California is filed. The answering brief [48] submitted by Appellee City and County of San Francisco is filed. The supplemental excerpts of record [46] submitted by Appellees City and County of San Francisco; et al., are filed.The Court previously filed the amicus brief [20] submitted by First Liberty Institute and the amici briefs [21], [11728736-2] submitted by Amici Curiae American Association of Pro-Life Obstetricians & Gynecologists; et al.Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the Court's website at http://www.ca9.uscourts.gov/forms/form18.pdf. The covers of the answering briefs must be red. The covers of the amicus briefs must be green.Within 7 days of this order, the filer of each set of excerpts of record is ordered to file 3 copies of that set of excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11857152] [20-15398, 20-15399, 20-16045, 20-35044] (SML) [Entered: 10/13/2020 04:57 PM]Open(opens another site)
50Submitted (ECF) Answering Brief for review. Submitted by Appellee State of Washington in 20-35044. Date of service: 10/13/2020. [11857271] [20-35044, 20-15398, 20-15399, 20-16045] (Sprung, Jeffrey) [Entered: 10/13/2020 05:47 PM]Open(opens another site)