Illumina v. FTC

23-60167 | U.S. Court of Appeals, Fifth Circuit

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Filed April 5, 2023
Terminated Dec. 15, 2023
Judges Clement, Graves, and Higginson
Original Case 9401
Last Updated: 1 month, 2 weeks ago Show Interactive Timeline
Filing Date # Docket Text
2/6/2024MANDATE ISSUED. Mandate issue date satisfied. [23-60167] (MAS) [Entered: 02/06/2024 08:52 AM]
12/15/2023
  • Motion for Judgment
JUDGMENT ENTERED AND FILED. Costs Taxed Against: each party to bear own costs. [23-60167] (CCR) [Entered: 12/15/2023 04:49 PM]
12/15/2023PUBLISHED OPINION FILED. [23-60167 Vacated] Judge: EBC , Judge: JEG , Judge: SAH Mandate issue date is 02/06/2024 [23-60167] (CCR) [Entered: 12/15/2023 04:45 PM]
10/25/2023APPELLANT'S SUPPLEMENTAL Letter BRIEF FILED. # of Copies Provided: 0 A/Pet's Supplemental Brief deadline satisfied [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S SUPPLEMENTAL BRIEF FILED by Illumina, Incorporated and GRAIL, Incorporated. Date of service: 10/25/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Barta, Bradish, Chang, Cooper, Economos, Engel, Falk, Gershenson, Golder, Gorod, Greenstein, Harris, Hartnett, Hasskamp, Hepner, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sansone, Sayyed, Seel, Tripp, Van Dyck; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (David Marriott ) [Entered: 10/25/2023 11:08 AM]
10/25/2023APPELLEE'S SUPPLEMENTAL LETTER BRIEF FILED # of Copies Provided: 0 E/Res's Supplemental Brief deadline satisfied [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S SUPPLEMENTAL BRIEF FILED by FTC Date of service: 10/25/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Barta, Bradish, Chang, Cooper, Economos, Engel, Falk, Gershenson, Golder, Gorod, Greenstein, Harris, Hartnett, Hasskamp, Hepner, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sansone, Sayyed, Seel, Tripp, Van Dyck; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (Anisha Sasheen Dasgupta ) [Entered: 10/25/2023 09:25 AM]
10/18/2023COURT DIRECTIVE ISSUED The parties are requested to file either a joint letter brief or separate, simultaneous letter briefs updating the court on the status of proceedings before the European Commission and the impact, if any, of the European Commission's October 12, 2023 order on this case [323] A/Pet Supplemental Brief due on 10/25/2023 for Petitioners GRAIL, Incorporated and Illumina, Incorporated. E/Res Supplemental Brief due on 10/25/2023 for Respondent Federal Trade Commission. [23-60167] (MAS) [Entered: 10/18/2023 03:29 PM]
9/29/2023LETTER filed by Respondent FTC advising Court of status of administrative record. Date of Service: 09/29/2023 via [23-60167] (Anisha Sasheen Dasgupta ) [Entered: 09/29/2023 10:12 AM]
9/27/2023CLERK ORDER granting Motion to withdraw as counsel filed by Amici Curiae State of Alaska, State of South Carolina, State of Louisiana, State of Arkansas, State of Virginia, State of Georgia, State of Utah, State of Nebraska, State of Iowa, State of Kentucky, State of Indiana and State of Idaho [319] [23-60167] (MAS) [Entered: 09/27/2023 01:44 PM]
9/27/2023
  • Motion to Withdraw as Counsel
MOTION to withdraw Thomas M. Fisher as counsel (no longer with Indiana Attorney General's Office) [319]. Date of service: 09/27/2023 [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Amici Curiae State of Indiana, State of Utah, State of Alaska, State of Arkansas, State of Georgia, State of Idaho, State of Iowa, State of Kentucky, State of Louisiana, State of Nebraska, State of South Carolina and State of Virginia to withdraw as counsel [319]. Date of service: 09/27/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Barta, Bradish, Chang, Cooper, Economos, Engel, Falk, Fisher, Gershenson, Golder, Gorod, Greenstein, Harris, Hartnett, Hasskamp, Hepner, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sansone, Sayyed, Seel, Tripp, Van Dyck; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (James A. Barta ) [Entered: 09/27/2023 08:41 AM]
9/18/2023LETTER filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated (Letter pursuant to the Court's request following oral arguments heard on September 12, 2023). Date of Service: 09/18/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Barta, Bradish, Chang, Cooper, Economos, Engel, Falk, Fisher, Gershenson, Golder, Gorod, Greenstein, Harris, Hartnett, Hasskamp, Hepner, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sansone, Sayyed, Seel, Tripp, Van Dyck; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (David Marriott ) [Entered: 09/18/2023 04:08 PM]
9/14/2023315APPEARANCE FORM FILED by Attorney(s) James A. Barta for party(s) Amicus Curiae State of Nebraska Amicus Curiae State of Kentucky Amicus Curiae State of Indiana Amicus Curiae State of South Carolina Amicus Curiae State of Idaho Amicus Curiae State of Louisiana Amicus Curiae State of Georgia Amicus Curiae State of Iowa Amicus Curiae State of Arkansas Amicus Curiae State of Utah Amicus Curiae State of Virginia Amicus Curiae State of Alaska, in case 23-60167 [23-60167] (MAS) [Entered: 09/14/2023 07:56 AM]
9/12/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (James A. Barta ) [Entered: 09/12/2023 01:16 PM]
9/12/2023311ORAL ARGUMENT HEARD before Judges Clement, Graves, Higginson. Arguing Person Information Updated for: Anisha Sasheen Dasgupta arguing for Respondent Federal Trade Commission; Arguing Person Information Updated for: David Marriott arguing for Petitioner Incorporated Illumina [23-60167] (SME) [Entered: 09/12/2023 08:23 AM]
8/23/2023307SEALED EXHIBITS, 1 envelope ( 1 USB drive containing the Excel File referenced as Tab 56 in the Joint Appendix filed on 8/16/2023 ), FILED [23-60167] (DDL) [Entered: 08/23/2023 01:57 PM]
8/22/2023305ATTORNEY NOT PARTICIPATING. Matthew J. Fisher is designated as inactive in this case. Reason:see letter filed this date. [23-60167] (AGL) [Entered: 08/22/2023 04:10 PM]
8/22/2023LETTER filed by Amici Curiae Mr. George Charames and Mr. Eric Duncavage This letter respectfully requests that the appearance of Matthew J. Fisher of MoloLamken LLP be withdrawn.. Date of Service: 08/22/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Bradish, Chang, Cooper, Economos, Engel, Falk, Fisher, Fisher, Gershenson, Golder, Gorod, Greenstein, Harris, Hartnett, Hasskamp, Hepner, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sansone, Sayyed, Seel, Tripp, Van Dyck; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (Matthew Jason Fisher ) [Entered: 08/22/2023 02:19 PM]
8/22/2023302Paper copies of Amicus Brief filed by Amicus Curiae American Antitrust Institute in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (SME) [Entered: 08/22/2023 10:12 AM]
8/22/2023301Paper copies of Appellant Reply Brief filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-60167] (SME) [Entered: 08/22/2023 10:08 AM]
8/22/2023300Paper copies of Appendix filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 1 ( 8 vols) . Paper Copies of Appendix due deadline satisfied. [23-60167] (SME) [Entered: 08/22/2023 10:07 AM]
8/21/2023306DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the form for appearance of counsel submitted by attorney Kathleen W, Bradish for American Antitrust Institute because it is a duplicate. An appearance form has already been filed. [23-60167] (AGL) [Entered: 08/23/2023 07:06 AM]
8/17/2023
  • Motion to SealGranted
COURT ORDER granting Motion to place appendix under seal filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated [287] [23-60167] (MAS) [Entered: 08/17/2023 12:39 PM]
8/16/2023APPENDIX FILED by Petitioners GRAIL, Incorporated and Illumina, Incorporated Appendix deadline satisfied. Paper Copies of Appendix due on 08/22/2023 for Petitioners GRAIL, Incorporated and Illumina, Incorporated. [23-60167] (MAS) [Entered: 08/17/2023 09:39 AM]
8/16/2023
  • Motion
MOTION AND/OR DOCUMENT UNDER TEMPORARY SEAL pending a ruling by the court filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated Joint Appendix Volumes 1-8 This document is unopposed. Date of service: 08/16/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Bradish, Chang, Cooper, Economos, Engel, Falk, Fisher, Fisher, Gershenson, Golder, Gorod, Greenstein, Harris, Hartnett, Hasskamp, Hepner, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sansone, Sayyed, Seel, Tripp, Van Dyck; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (David Marriott ) [Entered: 08/16/2023 11:50 PM]
8/16/2023
  • Motion to Seal
UNOPPOSED MOTION to place appendix under seal [287]. Date of service: 08/16/2023 [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated to place the record on appeal under seal. Date of service: 08/16/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Bradish, Chang, Cooper, Economos, Engel, Falk, Fisher, Fisher, Gershenson, Golder, Gorod, Greenstein, Harris, Hartnett, Hasskamp, Hepner, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sansone, Sayyed, Seel, Tripp, Van Dyck; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (David Marriott ) [Entered: 08/16/2023 11:40 PM]
8/16/2023
  • Reply
APPELLANT'S REPLY BRIEF FILED # of Copies Provided: 0
Paper Copies of Brief due on 08/22/2023 for Petitioners GRAIL, Incorporated and Illumina, Incorporated. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED # of Copies Provided: 0 Reply Brief deadline satisfied [23-60167] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Illumina, Incorporated and GRAIL, Incorporated. Date of service: 08/16/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Bradish, Chang, Cooper, Economos, Engel, Falk, Fisher, Fisher, Gershenson, Golder, Gorod, Greenstein, Harris, Hartnett, Hasskamp, Hepner, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sansone, Sayyed, Seel, Tripp, Van Dyck; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (David Marriott ) [Entered: 08/16/2023 10:46 PM]
8/16/2023285Paper copies of Amicus Brief filed by Administrative Law Scholars in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (SME) [Entered: 08/16/2023 12:04 PM]
8/16/2023284APPEARANCE FORM FILED by Attorney Kathleen W. Bradish for Amicus Curiae American Antitrust Institute in 23-60167 Sufficient Brief deadline satisfied [23-60167] (MAS) [Entered: 08/16/2023 11:17 AM]
8/15/2023AMICUS CURIAE BRIEF FILED by American Antitrust Institute. Consent is Not Necessary as a Motion has been Granted.
Brief NOT Sufficient as it requires an Appearance Form from counsel signing the brief. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0
Sufficient Brief due on 08/29/2023 for Amicus Curiae American Antitrust Institute.. Paper Copies of Brief due on 08/21/2023 for Amicus Curiae American Antitrust Institute. [23-60167] (AGL) [Entered: 08/15/2023 12:23 PM]
8/15/2023
  • Motion to FileGranted
COURT ORDER granting motion to file out of time amicus brief [275] filed by American Antitrust Institute in 23-60167 [23-60167] (AGL) [Entered: 08/15/2023 12:20 PM]
8/11/2023
  • Motion
UNOPPOSED MOTION by Not Party American Antitrust Institute to file amicus brief out of time [275] [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by American Antitrust Institute to file amicus brief [275] Date of service: 08/11/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Chang, Cooper, Economos, Engel, Falk, Fisher, Fisher, Gershenson, Golder, Gorod, Greenstein, Harris, Hartnett, Hasskamp, Hepner, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sansone, Sayyed, Seel, Tripp, Van Dyck; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (Kathleen W. Bradish ) [Entered: 08/11/2023 07:32 PM]
8/11/2023273Paper copies of Amicus Brief filed by Public Citizen in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (SME) [Entered: 08/11/2023 11:24 AM]
8/10/2023272Paper copies of Amicus Brief (27 Professors of Antitrust, Economics, Or Business) [265] received as sufficient. Sufficient Paper Copies of Brief due deadline satisfied. [23-60167] (SME) [Entered: 08/10/2023 01:49 PM]
8/9/2023269Paper copies of Appellee Brief filed by Respondent FTC in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (SME) [Entered: 08/09/2023 12:08 PM]
8/9/2023268Paper copies of Amicus Brief filed by Open Markets Institute in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (SME) [Entered: 08/09/2023 12:06 PM]
8/9/2023267Paper copies of Amicus Brief filed by American Economic Liberties Project in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (SME) [Entered: 08/09/2023 12:04 PM]
8/9/2023266Paper copies of Amicus Brief filed by Constitutional Accountability Center in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (SME) [Entered: 08/09/2023 12:02 PM]
8/8/2023Paper copies of Amicus Brief filed by 27 Professors of Antitrust, Economics, or Business in 23-60167 received. Paper copies match electronic version of document? NO.... They require: Paper copies must be single sided. # of Copies Provided: 7. Sufficient Paper Copies of Brief due on 08/11/2023 for Amicus Curiae 27 Professors of Antitrust, Economics, or Business [23-60167] (SME) [Entered: 08/08/2023 04:22 PM]
8/7/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Kathleen W. Bradish ) [Entered: 08/07/2023 10:43 AM]
8/7/2023262APPEARANCE FORM FILED by Attorney(s) Benjamin M. Seel for party(s) Amicus Curiae Administrative Law Scholars, in case 23-60167 [23-60167] (MRW) [Entered: 08/07/2023 10:17 AM]
8/4/2023259APPEARANCE FORM FILED by Attorney Seth David Greenstein for Amicus Curiae 27 Professors of Antitrust, Economics, or Business in 23-60167 [23-60167] (MRW) [Entered: 08/04/2023 02:39 PM]
8/4/2023257APPEARANCE FORM FILED by Attorney Orlando Economos for Amicus Curiae Administrative Law Scholars in 23-60167 [23-60167] (MRW) [Entered: 08/04/2023 02:36 PM]
8/4/2023255APPEARANCE FORM FILED by Attorney(s) Lee Hepner for party(s) Amicus Curiae American Economic Liberties Project, in case 23-60167 [23-60167] (WMJ) [Entered: 08/04/2023 11:36 AM]
8/4/2023REDACTED APPELLEE'S BRIEF FILED by FTC. Date of service: 08/04/2023 via email. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REDACTED APPELLEE'S BRIEF FILED by FTC. Date of service: 08/04/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Chang, Cooper, Engel, Falk, Fisher, Fisher, Gershenson, Golder, Gorod, Harris, Hartnett, Hasskamp, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sansone, Sayyed, Tripp, Van Dyck; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (Matthew Michael Hoffman ) [Entered: 08/04/2023 09:57 AM]
8/3/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Benjamin M. Seel ) [Entered: 08/03/2023 12:47 PM]
8/3/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Orlando Economos ) [Entered: 08/03/2023 11:07 AM]
8/2/2023AMICUS CURIAE BRIEF FILED by 27 Professors of Antitrust, Economics, or Business. The Consent is Included in the Brief. Paper Copies of Brief due on 08/09/2023 for Amicus Curiae 27 Professors of Antitrust, Economics, or Business. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by 27 Professors of Antitrust, Economics, or Business. Date of service: 08/02/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Chang, Cooper, Engel, Falk, Fisher, Fisher, Gershenson, Golder, Gorod, Harris, Hartnett, Hasskamp, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sansone, Sayyed, Tripp, Van Dyck; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (Seth David Greenstein ) [Entered: 08/02/2023 04:41 PM]
8/2/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Seth David Greenstein ) [Entered: 08/02/2023 04:23 PM]
8/2/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Lee Hepner ) [Entered: 08/02/2023 03:58 PM]
8/2/2023247APPEARANCE FORM FILED by Attorney Katherine Van Dyck for Amicus Curiae American Economic Liberties Project in 23-60167 [23-60167] (WMJ) [Entered: 08/02/2023 02:43 PM]
8/2/2023246APPEARANCE FORM FILED by Attorney Kirk Cooper for Amicus Curiae Open Markets Institute in 23-60167 [23-60167] (WMJ) [Entered: 08/02/2023 02:41 PM]
8/2/2023245APPEARANCE FORM FILED by Attorney Nicolas Sansone for Amicus Curiae Public Citizen in 23-60167 [23-60167] (WMJ) [Entered: 08/02/2023 02:41 PM]
8/2/2023244APPEARANCE FORM FILED by Attorney Brianne Jenna Gorod for Amicus Curiae Constitutional Accountability Center in 23-60167 [23-60167] (WMJ) [Entered: 08/02/2023 02:40 PM]
8/2/2023AMICUS CURIAE BRIEF FILED by Administrative Law Scholars. The Consent is Included in the Brief. Paper Copies of Brief due on 08/09/2023 for Amicus Curiae Administrative Law Scholars. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Administrative Law Scholars. Date of service: 08/02/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Chang, Engel, Falk, Fisher, Fisher, Gershenson, Golder, Harris, Hartnett, Hasskamp, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sayyed, Tripp; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (Orlando Economos ) [Entered: 08/02/2023 01:24 PM]
8/2/2023AMICUS CURIAE BRIEF FILED by American Economic Liberties Project. The Consent is Included in the Brief. Paper Copies of Brief due on 08/07/2023 for Amicus Curiae American Economic Liberties Project. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by American Economic Liberties Project. Date of service: 08/02/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Chang, Engel, Falk, Fisher, Fisher, Gershenson, Golder, Harris, Hartnett, Hasskamp, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sayyed, Tripp; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (Katherine Van Dyck ) [Entered: 08/02/2023 11:05 AM]
8/2/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Katherine Van Dyck ) [Entered: 08/02/2023 08:56 AM]
8/1/2023AMICUS CURIAE BRIEF FILED by Open Markets Institute. The Consent is Included in the Brief. Paper Copies of Brief due on 08/07/2023 for Amicus Curiae Open Markets Institute. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Open Markets Institute. Date of service: 08/01/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Chang, Engel, Falk, Fisher, Fisher, Gershenson, Golder, Harris, Hartnett, Hasskamp, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sayyed, Tripp; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (Kirk Cooper ) [Entered: 08/01/2023 03:46 PM]
8/1/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Kirk Cooper ) [Entered: 08/01/2023 03:40 PM]
8/1/2023AMICUS CURIAE BRIEF FILED by Public Citizen. The Consent is Included in the Brief. Paper Copies of Brief due on 08/07/2023 for Amicus Curiae Public Citizen. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Public Citizen. Date of service: 08/01/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Chang, Engel, Falk, Fisher, Fisher, Gershenson, Golder, Harris, Hartnett, Hasskamp, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sayyed, Tripp; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (Nicolas Sansone ) [Entered: 08/01/2023 11:00 AM]
8/1/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Nicolas Sansone ) [Entered: 08/01/2023 10:54 AM]
8/1/2023AMICUS CURIAE BRIEF FILED by Constitutional Accountability Center. The Consent is Included in the Brief. Paper Copies of Brief due on 08/07/2023 for Amicus Curiae Constitutional Accountability Center. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Constitutional Accountability Center. Date of service: 08/01/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Chang, Engel, Falk, Fisher, Fisher, Gershenson, Golder, Harris, Hartnett, Hasskamp, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sayyed, Tripp; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (Brianne Jenna Gorod ) [Entered: 08/01/2023 09:37 AM]
8/1/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Brianne Jenna Gorod ) [Entered: 08/01/2023 09:34 AM]
7/28/2023
  • Motion to SealGranted
COURT ORDER granting Motion to place brief under seal filed by Respondent FTC [228] [23-60167] (MAS) [Entered: 07/28/2023 04:54 PM]
7/26/2023RESPONDENT'S BRIEF FILED by FTC. E/Res's Brief deadline satisfied. Appendix due on 08/16/2023 for Petitioners GRAIL, Incorporated and Illumina, Incorporated. Reply Brief due on 08/16/2023 for Petitioners GRAIL, Incorporated and Illumina, Incorporated. Paper Copies of Brief due on 08/01/2023 for Respondent Federal Trade Commission. [23-60167] (WMJ) [Entered: 07/27/2023 11:54 AM]
7/26/2023
  • Motion
UNOPPOSED MOTION filed by Respondent FTC to place brief under seal [228]. Date of service: 07/26/2023 [23-60167] (WMJ) [Entered: 07/27/2023 11:47 AM]
7/26/2023
  • Motion
MOTION AND/OR DOCUMENT UNDER TEMPORARY SEAL pending a ruling by the court filed by Respondent FTCThis document is unopposed. Date of service: 07/26/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Chang, Engel, Falk, Fisher, Fisher, Gershenson, Golder, Harris, Hartnett, Hasskamp, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sayyed, Tripp; Attorney for Respondents: Dasgupta, Hoffman [23-60167] (Matthew Michael Hoffman ) [Entered: 07/26/2023 08:01 PM]
7/5/2023225Paper copies of Amicus Brief filed by Mr. Roger D. Blair and Ms. Brianna L. Alderman in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (SME) [Entered: 07/05/2023 09:50 AM]
6/29/2023223APPEARANCE FORM FILED by Attorney(s) Kathleen R. Hartnett for party(s) Amicus Curiae Roger D. Blair Amicus Curiae Brianna L. Alderman, in case 23-60167 [23-60167] (MAS) [Entered: 06/29/2023 04:20 PM]
6/29/2023222APPEARANCE FORM FILED by Attorney Adam Gershenson for Amicus Curiae Roger D. Blair in 23-60167, Attorney Adam Gershenson for Amicus Curiae Brianna L. Alderman in 23-60167 [23-60167] (MAS) [Entered: 06/29/2023 04:18 PM]
6/29/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Kathleen R. Hartnett ) [Entered: 06/29/2023 01:27 PM]
6/29/2023APPEARANCE FORM received from Mr. Adam Gershenson for Ms. Brianna L. Alderman and Mr. Roger D. Blair for the court's review. Lead Counsel? Yes. [23-60167] (Adam Gershenson ) [Entered: 06/29/2023 01:25 PM]
6/28/2023218Paper copies of Appellant Brief filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (SME) [Entered: 06/28/2023 09:05 AM]
6/26/2023ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Ms. Anisha Sasheen Dasgupta for Respondent FTC [23-60167] (Anisha Sasheen Dasgupta ) [Entered: 06/26/2023 05:23 PM]
6/26/2023216APPEARANCE FORM FILED by Attorney Anisha Sasheen Dasgupta for Respondent FTC in 23-60167 [23-60167] (MAS) [Entered: 06/26/2023 04:57 PM]
6/26/2023214Attorney Anisha Dasgupta added as counsel of record for Respondent FTC in 23-60167 [23-60167] (WMJ) [Entered: 06/26/2023 03:04 PM]
6/26/2023ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Mr. David Marriott for Petitioner Illumina, Incorporated [23-60167] (David Marriott ) [Entered: 06/26/2023 03:03 PM]
6/26/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Anisha Sasheen Dasgupta ) [Entered: 06/26/2023 02:23 PM]
6/23/2023209Paper copies of Amicus Brief filed by International Center for Law and Economics and Law and Economics Scholars in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (SME) [Entered: 06/23/2023 02:25 PM]
6/23/2023208Paper copies of Amicus Brief filed by Antitrust, Patent, and Law-and-Economics Scholars and Jurists and Amicus Curiae Antitrust, Patent, and Law-and-Economics Scholars and Jurists in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (SME) [Entered: 06/23/2023 02:24 PM]
6/23/2023207Paper copies of Amicus Brief filed by TechFreedom in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (SME) [Entered: 06/23/2023 02:23 PM]
6/23/2023206Paper copies of Amicus Brief filed by State of Alaska, State of South Carolina, State of Louisiana, State of Virginia, State of Georgia, State of Utah, State of Nebraska, State of Iowa, State of Kentucky, State of Indiana and State of Idaho in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [23-60167] (SME) [Entered: 06/23/2023 02:21 PM]
6/23/2023205Paper copies of Amicus Brief filed by Mr. George Charames and Mr. Eric Duncavage in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (SME) [Entered: 06/23/2023 02:19 PM]
6/23/2023204Paper copies of SEALED Record Excerpts filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. [23-60167] (SME) [Entered: 06/23/2023 02:17 PM]
6/23/2023203Paper copies of REDACTED Record Excerpts filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. [23-60167] (SME) [Entered: 06/23/2023 02:15 PM]
6/23/2023
  • Motion to File BriefGranted
COURT ORDER granting Respondent's unopposed motion to file brief in excess of word count, not to exceed 16,000 words, filed by Respondent FTC. [157] [23-60167] (CAG) [Entered: 06/23/2023 09:04 AM]
6/20/2023Paper copies of Amicus Brief filed by State of Alaska, State of South Carolina, State of Louisiana, State of Virginia, State of Georgia, State of Utah, State of Nebraska, State of Iowa, State of Kentucky, State of Indiana and State of Idaho in 23-60167 received. Paper copies match electronic version of document? Yes, but corrections are required: Paper copies must be single-sided. Green covers are required. Document must be bound properly. # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied.. Sufficient Paper Copies of Brief due on 06/26/2023 for Amici Curiae State of Alaska, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kentucky, State of Louisiana, State of Nebraska, State of South Carolina, State of Utah and State of Virginia [23-60167] (CBW) [Entered: 06/20/2023 11:42 AM]
6/20/2023Paper copies of Record Excerpts filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated in 23-60167 received. Paper copies match electronic version of document? Yes, but corrections are required: Paper copies must be single sided. # of Copies Provided: 4. [23-60167] (CBW) [Entered: 06/20/2023 11:35 AM]
6/20/2023REDACTED Paper copies of Record Excerpts filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated in 23-60167 received. Paper copies match electronic version of document? Yes, but corrections are required: Paper copies must be single sided. # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied.. Sufficient Paper Copies of Record Excerpts Due on 06/26/2023 for Petitioners GRAIL, Incorporated and Illumina, Incorporated. [23-60167] (CBW) [Entered: 06/20/2023 11:31 AM]
6/20/2023194Paper copies of Amicus Brief filed by American Hospital Association in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (CBW) [Entered: 06/20/2023 11:18 AM]
6/20/2023192Paper copies of Amicus Brief filed by Committee for Justice in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (CBW) [Entered: 06/20/2023 11:05 AM]
6/20/2023190Paper copies of Amicus Brief filed by National Hispanic Medical Association, Et al in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (CBW) [Entered: 06/20/2023 10:59 AM]
6/20/2023188Paper copies of Amicus Brief filed by Americans for Prosperity Foundation in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (CBW) [Entered: 06/20/2023 10:52 AM]
6/20/2023186Paper copies of Amicus Brief filed by Washington Legal Foundation in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (CBW) [Entered: 06/20/2023 10:40 AM]
6/20/2023184Paper copies of Amicus Brief filed by Chamber of Commerce of the United States of America in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (CBW) [Entered: 06/20/2023 10:36 AM]
6/20/2023182Paper copies of Amicus Brief filed by 34 Members of Congress in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (CBW) [Entered: 06/20/2023 10:29 AM]
6/20/2023180Paper copies of Amicus Brief filed by Military Order of the Purple Heart and National Trauma Education and Policy Institute in 23-60167 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-60167] (CBW) [Entered: 06/20/2023 10:18 AM]
6/15/2023PAPER COPIES REQUESTED for the Unredacted Record Excerpts filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated in 23-60167 [99]. Paper Copies of Record Excerpts due on 06/20/2023 for Petitioners GRAIL, Incorporated and Illumina, Incorporated. [23-60167] (MAS) [Entered: 06/15/2023 05:00 PM]
6/15/2023PROPOSED SUFFICIENT BRIEF filed by Amicus Curiae Antitrust, Patent, and Law-and-Economics Scholars and Jurists [127] Date of service: 06/15/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Chang, Engel, Falk, Fisher, Fisher, Gershenson, Golder, Harris, Hasskamp, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sayyed, Tripp; Attorney for Respondent: Hoffman [23-60167] (Stephen Blake Kinnaird ) [Entered: 06/15/2023 03:49 PM]
6/15/2023174APPEARANCE FORM FILED by Attorney Bilal Sayyed for Amicus Curiae TechFreedom in 23-60167 [23-60167] (MAS) [Entered: 06/15/2023 10:12 AM]
6/15/2023173APPEARANCE FORM FILED by Attorney Luke Hasskamp for Amicus Curiae 34 Members of Congress in 23-60167 [23-60167] (MAS) [Entered: 06/15/2023 10:09 AM]
6/14/2023172APPEARANCE FORM FILED by Attorney Stephen Blake Kinnaird for Amicus Curiae Antitrust, Patent, and Law-and-Economics Scholars and Jurists in 23-60167 [23-60167] (MAS) [Entered: 06/14/2023 04:57 PM]
6/14/2023171APPEARANCE FORM FILED by Attorney Thomas Molnar Fisher for Amicus Curiae State of Virginia in 23-60167, Attorney Thomas Molnar Fisher for Amicus Curiae State of South Carolina in 23-60167, Attorney Thomas Molnar Fisher for Amicus Curiae State of Nebraska in 23-60167, Attorney Thomas Molnar Fisher for Amicus Curiae State of Louisiana in 23-60167, Attorney Thomas Molnar Fisher for Amicus Curiae State of Kentucky in 23-60167, Attorney Thomas Molnar Fisher for Amicus Curiae State of Iowa in 23-60167, Attorney Thomas Molnar Fisher for Amicus Curiae State of Idaho in 23-60167, Attorney Thomas Molnar Fisher for Amicus Curiae State of Georgia in 23-60167, Attorney Thomas Molnar Fisher for Amicus Curiae State of Alaska in 23-60167, Attorney Thomas Molnar Fisher for Amicus Curiae State of Indiana in 23-60167, Attorney Thomas Molnar Fisher for Amicus Curiae State of Utah in 23-60167 [23-60167] (MAS) [Entered: 06/14/2023 04:55 PM]
6/14/2023REDACTED RECORD EXCERPTS FILED. # of Copies Provided: 0 Paper Copies of Record Excerpts due on 06/20/2023 for Petitioners GRAIL, Incorporated and Illumina, Incorporated. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REDACTED RECORD EXCERPTS FILED by Petitioners Illumina, Incorporated and GRAIL, Incorporated. Date of service: 06/14/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Chang, Engel, Falk, Fisher, Fisher, Gershenson, Golder, Harris, Hasskamp, Kinnaird, Lamken, Margolis, Masslon, McGinley, Pepson, Reeves, Sayyed, Tripp; Attorney for Respondent: Hoffman [23-60167] (David Marriott ) [Entered: 06/14/2023 04:38 PM]
6/14/2023169APPEARANCE FORM FILED by Attorney Zachary Tripp for Amicus Curiae National Hispanic Medical Association, Et al in 23-60167 [23-60167] (MAS) [Entered: 06/14/2023 04:27 PM]
6/14/2023168APPEARANCE FORM FILED by Attorney Michael H. McGinley for Amicus Curiae National Trauma Education and Policy Institute in 23-60167, Attorney Michael H. McGinley for Amicus Curiae Military Order of the Purple Heart in 23-60167 [23-60167] (MAS) [Entered: 06/14/2023 04:09 PM]
6/14/2023166APPEARANCE FORM FILED by Attorney(s) Steven Engel for party(s) Amicus Curiae Military Order of the Purple Heart Amicus Curiae National Trauma Education and Policy Institute, in case 23-60167 [23-60167] (MAS) [Entered: 06/14/2023 04:06 PM]
6/14/2023165APPEARANCE FORM FILED by Attorney Jeffrey A. Lamken for Amicus Curiae Eric Duncavage in 23-60167, Attorney Jeffrey A. Lamken for Amicus Curiae George Charames in 23-60167 [23-60167] (MAS) [Entered: 06/14/2023 04:04 PM]
6/14/2023163APPEARANCE FORM FILED by Attorney(s) Sara Ellen Margolis for party(s) Amicus Curiae Eric Duncavage Amicus Curiae George Charames, in case 23-60167 [23-60167] (MAS) [Entered: 06/14/2023 04:02 PM]
6/14/2023161APPEARANCE FORM FILED by Attorney(s) Matthew Jason Fisher for party(s) Amicus Curiae Eric Duncavage Amicus Curiae George Charames, in case 23-60167 [23-60167] (MAS) [Entered: 06/14/2023 03:59 PM]
6/14/2023160APPEARANCE FORM FILED by Attorney John Reeves for Amicus Curiae Committee for Justice in 23-60167 [23-60167] (MAS) [Entered: 06/14/2023 03:57 PM]
6/14/2023
  • Motion to File Brief
UNOPPOSED MOTION to file brief in excess of the word count limitation but not to exceed 16000 words [157]. Date of service: 06/14/2023 [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Respondent FTC to file brief in excess of the word count limitation but not to exceed 16000 words [157]. Date of service: 06/14/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Chang, Falk, Fisher, Gershenson, Golder, Harris, Hasskamp, Kinnaird, Masslon, McGinley, Pepson, Tripp; Attorney for Respondent: Hoffman [23-60167] (Matthew Michael Hoffman ) [Entered: 06/14/2023 02:51 PM]
6/14/2023156APPEARANCE FORM FILED by Attorney Donald Falk for Amicus Curiae International Center for Law and Economics and Law and Economics Scholars in 23-60167 [23-60167] (MAS) [Entered: 06/14/2023 11:17 AM]
6/14/2023
  • Motion to SealGranted
COURT ORDER granting Motion to place record excerpts under seal filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated [98] [23-60167] (MAS) [Entered: 06/14/2023 08:28 AM]
6/14/2023
  • Motion to File BriefGranted
COURT ORDER: IT IS ORDERED that Petitioners' joint opposed motion to file brief in excess of word count limitation but not to exceed 16,000 words for the joint opening brief and 8,000 words for the joint reply brief is GRANTED.
Filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated [71] [23-60167] (MAS) [Entered: 06/14/2023 08:23 AM]
6/13/2023DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the brief received from Amicus Curiae International Center for Law and Economics and Law and Economics Scholars because the brief is already on file [23-60167] (MAS) [Entered: 06/14/2023 03:49 PM]
6/13/2023CASE CALENDARED for oral argument on Tuesday, 09/12/2023 at 9:00 am in the En Banc Courtroom in the Wisdom Courthouse in New Orleans. [23-60167] (KMP) [Entered: 06/13/2023 03:22 PM]
6/13/2023148CALENDARED CASE CONTINUED. [23-60167] (CBW) [Entered: 06/13/2023 01:43 PM]
6/13/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Donald Falk ) [Entered: 06/13/2023 12:03 PM]
6/13/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Bilal Sayyed ) [Entered: 06/13/2023 12:00 PM]
6/13/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Zachary Tripp ) [Entered: 06/13/2023 10:57 AM]
6/13/2023144APPEARANCE FORM FILED by Attorney Jeffrey Matthew Harris for Amicus Curiae Chamber of Commerce of the United States of America in 23-60167 [23-60167] (MAS) [Entered: 06/13/2023 08:27 AM]
6/13/2023143APPEARANCE FORM FILED by Attorney Michael David Pepson for Amicus Curiae Americans for Prosperity Foundation in 23-60167 [23-60167] (MAS) [Entered: 06/13/2023 08:25 AM]
6/13/2023142APPEARANCE FORM FILED by Attorney Chad Golder for Amicus Curiae American Hospital Association in 23-60167 [23-60167] (MAS) [Entered: 06/13/2023 08:23 AM]
6/13/2023140APPEARANCE FORM FILED by Attorney(s) Frank H Chang for party(s) Amicus Curiae Chamber of Commerce of the United States of America, in case 23-60167 [23-60167] (MAS) [Entered: 06/13/2023 08:22 AM]
6/12/2023AMICUS CURIAE BRIEF FILED by Committee for Justice. The Consent is Included in the Brief.
# of Copies Provided: 0
Paper Copies of Brief due on 06/20/2023 for Amicus Curiae Committee for Justice. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Committee for Justice. Date of service: 06/12/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Golder, Harris, Hasskamp, Masslon, Pepson; Attorney for Respondent: Hoffman [23-60167] (John Reeves ) [Entered: 06/12/2023 11:47 PM]
6/12/2023AMICUS CURIAE BRIEF FILED by TechFreedom. The Consent is Included in the Brief.
# of Copies Provided: 0
Paper Copies of Brief due on 06/20/2023 for Amicus Curiae TechFreedom. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by TechFreedom. Date of service: 06/12/2023 via email - Attorney for Respondent: Hoffman; Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Golder, Harris, Hasskamp, Masslon, Pepson [23-60167] (Bilal Sayyed ) [Entered: 06/12/2023 11:46 PM]
6/12/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (John Reeves ) [Entered: 06/12/2023 11:46 PM]
6/12/2023AMICUS CURIAE BRIEF FILED by Dr. Eric Duncavage and Dr. George Charames. The Consent is Included in the Brief.
# of Copies Provided: 0
Paper Copies of Brief due on 06/20/2023 for Amici Curiae George Charames and Eric Duncavage. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Dr. George Charames and Dr. Eric Duncavage. Date of service: 06/12/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Golder, Harris, Hasskamp, Masslon, Pepson; Attorney for Respondent: Hoffman [23-60167] (Jeffrey A. Lamken ) [Entered: 06/12/2023 09:27 PM]
6/12/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Matthew Jason Fisher ) [Entered: 06/12/2023 09:06 PM]
6/12/2023AMICUS CURIAE BRIEF FILED by National Trauma Education and Policy Institute and Military Order of the Purple Heart. The Consent is Included in the Brief.
# of Copies Provided: 0
Paper Copies of Brief due on 06/20/2023 for Amici Curiae Military Order of the Purple Heart and National Trauma Education and Policy Institute. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Military Order of The Purple Heart and The National Trauma Education and Policy Institute. Date of service: 06/12/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Golder, Harris, Hasskamp, Masslon, Pepson; Attorney for Respondent: Hoffman [23-60167] (Michael H. McGinley ) [Entered: 06/12/2023 08:36 PM]
6/12/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Sara Ellen Margolis ) [Entered: 06/12/2023 08:01 PM]
6/12/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Jeffrey A. Lamken ) [Entered: 06/12/2023 07:57 PM]
6/12/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Steven Engel ) [Entered: 06/12/2023 06:22 PM]
6/12/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Michael H. McGinley ) [Entered: 06/12/2023 06:18 PM]
6/12/2023AMICUS CURIAE BRIEF FILED by National Hispanic Medical Association, Et al. The Consent is Included in the Brief.
# of Copies Provided: 0
Paper Copies of Brief due on 06/20/2023 for Amicus Curiae National Hispanic Medical Association, Et al. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by National Hispanic Medical Association et al.. Date of service: 06/12/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Golder, Harris, Hasskamp, Masslon, Pepson; Attorney for Respondent: Hoffman [23-60167] (Zachary Tripp ) [Entered: 06/12/2023 05:49 PM]
6/12/2023AMICUS CURIAE BRIEF FILED by State of Arkansas, State of Virginia, State of South Carolina, State of Nebraska, State of Louisiana, State of Kentucky, State of Iowa, State of Idaho, State of Georgia, State of Alaska, State of Indiana and State of Utah. The Consent is Included in the Brief.
# of Copies Provided: 0 [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by State of Virginia, State of South Carolina, State of Nebraska, State of Louisiana, State of Kentucky, State of Iowa, State of Idaho, State of Georgia, State of Alaska, State of Indiana and State of Utah. Consent is Not Necessary as Amicus is a Government Entity. # of Copies Provided: 0 Paper Copies of Brief due on 06/20/2023 for Amici Curiae State of Utah, State of Indiana, State of Alaska, State of Georgia, State of Idaho, State of Iowa, State of Kentucky, State of Louisiana, State of Nebraska, State of South Carolina and State of Virginia. [23-60167] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by States of Indiana, Utah, Alaska, Arkansas, Georgia, Idaho, Iowa, Kentucky, Louisiana, Nebraska, South Carolina, and Virginia. Date of service: 06/12/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Golder, Harris, Hasskamp, Masslon, Pepson; Attorney for Respondent: Hoffman [23-60167] (Thomas Molnar Fisher ) [Entered: 06/12/2023 05:32 PM]
6/12/2023SUFFICIENT
AMICUS CURIAE BRIEF FILED by Antitrust, Patent, and Law-and-Economics Scholars and Jurists. The Consent is Included in the Brief.
# of Copies Provided: 0
Sufficient Brief deadline satisfied. Paper Copies of Brief due on 06/20/2023 for Amicus Curiae Antitrust, Patent, and Law-and-Economics Scholars and Jurists. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Antitrust, Patent, and Law-and-Economics Scholars and Jurists. The Consent is Included in the Brief. Additionally the Brief requires CORRECTIONS: signature is required on the certificate of interested parties. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 06/28/2023 for Amicus Curiae Antitrust, Patent, and Law-and-Economics Scholars and Jurists. [23-60167] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Antitrust, Patent, and Law-and-Economics Scholars and Jurists. Date of service: 06/12/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Golder, Harris, Hasskamp, Masslon, Pepson; Attorney for Respondent: Hoffman [23-60167] (Stephen Blake Kinnaird ) [Entered: 06/12/2023 05:28 PM]
6/12/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Thomas Molnar Fisher ) [Entered: 06/12/2023 05:27 PM]
6/12/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Stephen Blake Kinnaird ) [Entered: 06/12/2023 05:24 PM]
6/12/2023AMICUS CURIAE BRIEF FILED by International Center for Law and Economics and Law and Economics Scholars. The Consent is Included in the Brief.
# of Copies Provided: 0
Paper Copies of Brief due on 06/20/2023 for Amicus Curiae International Center for Law and Economics and Law and Economics Scholars. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by International Center for Law and Economics and Law and Economics Scholars. Date of service: 06/12/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Amici Curiae: Golder, Masslon, Pepson; Attorney for Respondent: Hoffman [23-60167] (Donald Falk ) [Entered: 06/12/2023 04:23 PM]
6/12/2023AMICUS CURIAE BRIEF FILED by American Hospital Association. The Consent is Included in the Brief.
# of Copies Provided: 0
Paper Copies of Brief due on 06/20/2023 for Amicus Curiae American Hospital Association. [23-60167] (MAS) [Entered: 06/12/2023 03:59 PM]
6/12/2023DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the motion for leave to file brief of The America Hospital Associations as Amicus Curiae because motion not required, consent is within the brief [23-60167] (MAS) [Entered: 06/12/2023 03:41 PM]
6/12/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Luke Hasskamp ) [Entered: 06/12/2023 03:26 PM]
6/12/2023AMICUS CURIAE BRIEF FILED by Mr. Roger D. Blair and Ms. Brianna L. Alderman. The Consent is Included in the Brief.
# of Copies Provided: 0
Paper Copies of Brief due on 06/20/2023 for Amici Curiae Brianna L. Alderman and Roger D. Blair. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Economists Brianna L. Alderman and Roger D. Blair. Date of service: 06/12/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Respondent: Hoffman; Attorney for Amicus Curiae: Masslon [23-60167] (Adam Gershenson ) [Entered: 06/12/2023 02:49 PM]
6/12/2023AMICUS CURIAE BRIEF FILED by 34 Members of Congress. The Consent is Included in the Brief.
# of Copies Provided: 0
Paper Copies of Brief due on 06/20/2023 for Amicus Curiae 34 Members of Congress. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by 34 Members of Congress. Date of service: 06/12/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Respondent: Hoffman; Attorney for Amicus Curiae: Masslon [23-60167] (Luke Hasskamp ) [Entered: 06/12/2023 02:45 PM]
6/12/2023AMICUS CURIAE BRIEF FILED by Chamber of Commerce of the United States of America. The Consent is Included in the Brief.
# of Copies Provided: 0
Paper Copies of Brief due on 06/20/2023 for Amicus Curiae Chamber of Commerce of the United States of America. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by The Chamber of Commerce of the United States of America. Date of service: 06/12/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Respondent: Hoffman; Attorney for Amicus Curiae: Masslon [23-60167] (Jeffrey Matthew Harris ) [Entered: 06/12/2023 11:49 AM]
6/12/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Frank H Chang ) [Entered: 06/12/2023 11:41 AM]
6/12/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Jeffrey Matthew Harris ) [Entered: 06/12/2023 11:38 AM]
6/12/2023AMICUS CURIAE BRIEF FILED by Americans for Prosperity Foundation. The Consent is Included in the Brief.
# of Copies Provided: 0
Paper Copies of Brief due on 06/20/2023 for Amicus Curiae Americans for Prosperity Foundation. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Americans for Prosperity Foundation. Date of service: 06/12/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Respondent: Hoffman; Attorney for Amicus Curiae: Masslon [23-60167] (Michael David Pepson ) [Entered: 06/12/2023 09:13 AM]
6/12/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Michael David Pepson ) [Entered: 06/12/2023 09:05 AM]
6/12/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Chad Golder ) [Entered: 06/12/2023 06:06 AM]
6/8/2023PAPER COPIES REQUESTED for the Amicus Brief filed by Washington Legal Foundation in 23-60167 [108]. Paper Copies of Brief due on 06/13/2023 for Amicus Curiae Washington Legal Foundation. [23-60167] (MAS) [Entered: 06/08/2023 01:40 PM]
6/8/2023109APPEARANCE FORM FILED by Attorney John Mercer Masslon II for Amicus Curiae Washington Legal Foundation in 23-60167 [23-60167] (MAS) [Entered: 06/08/2023 01:39 PM]
6/8/2023AMICUS CURIAE BRIEF FILED by Washington Legal Foundation. The Consent is Included in the Brief.
# of Copies Provided: 0 [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Washington Legal Foundation. Date of service: 06/08/2023 via email - Attorney for Petitioners: Atlas, Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Ryan, Sullivan, Varney, Weiss, Zaken; Attorney for Respondent: Hoffman [23-60167] (John Mercer Masslon II) [Entered: 06/08/2023 05:37 AM]
6/8/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (John Mercer Masslon II) [Entered: 06/08/2023 05:32 AM]
6/6/2023102APPEARANCE FORM FILED by Attorney Antony L. Ryan for Petitioner Illumina, Incorporated in 23-60167 [23-60167] (MAS) [Entered: 06/06/2023 10:32 AM]
6/6/2023100APPEARANCE FORM FILED by Attorney Benjamin Atlas for Petitioner Illumina, Incorporated in 23-60167 [23-60167] (MAS) [Entered: 06/06/2023 10:30 AM]
6/5/2023RECORD EXCERPTS FILED by Petitioners GRAIL, Incorporated and Illumina, Incorporated. # of Copies Provided: 0 [23-60167] (MAS) [Entered: 06/06/2023 07:46 AM]
6/5/2023
  • Motion to Seal
UNOPPOSED MOTION to place record excerpts under seal [98]. Date of service: 06/05/2023 [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated to place the record on appeal under seal. Date of service: 06/05/2023 via email - Attorney for Petitioners: Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Sullivan, Varney, Weiss, Zaken; Attorney for Respondent: Hoffman [23-60167] (David Marriott ) [Entered: 06/05/2023 09:14 PM]
6/5/2023
  • Motion
MOTION AND/OR DOCUMENT UNDER TEMPORARY SEAL pending a ruling by the court filed by Petitioners Illumina, Incorporated and GRAIL, IncorporatedThis document is unopposed. Date of service: 06/05/2023 via email - Attorney for Petitioners: Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Sullivan, Varney, Weiss, Zaken; Attorney for Respondent: Hoffman [23-60167] (David Marriott ) [Entered: 06/05/2023 08:57 PM]
6/5/2023APPELLANT'S BRIEF FILED # of Copies Provided: 0
Sufficient Brief deadline satisfied. Paper Copies of Brief due on 06/20/2023 for Petitioners GRAIL, Incorporated and Illumina, Incorporated. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED Additionally the Brief requires corrections: exceeds the word count. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Sufficient Brief due on 06/20/2023 for Petitioners GRAIL, Incorporated and Illumina, Incorporated. [23-60167] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Illumina, Incorporated and GRAIL, Incorporated. Date of service: 06/05/2023 via email - Attorney for Petitioners: Egge, Garre, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Sullivan, Varney, Weiss, Zaken; Attorney for Respondent: Hoffman [23-60167] (David Marriott ) [Entered: 06/05/2023 08:25 PM]
6/5/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Benjamin Atlas ) [Entered: 06/05/2023 04:46 PM]
6/5/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Antony Ryan ) [Entered: 06/05/2023 04:42 PM]
6/5/2023
  • OrderDenied
COURT ORDER: IT IS ORDERED that Respondent's motion to remove case this from the expedited calendar is DENIED. IT IS FURTHER ORDERED that Respondent's motion to extend time to file Respondent's brief until July 26 is GRANTED. filed by Respondent FTC [79]; [79] E/Res's Brief deadline updated to 07/26/2023 for Respondent Federal Trade Commission [23-60167] (MAS) [Entered: 06/05/2023 03:05 PM]
6/1/202386APPEARANCE FORM FILED by Attorney(s) Gregory George Garre for party(s) Petitioner GRAIL, Incorporated, in case 23-60167 [23-60167] (MAS) [Entered: 06/01/2023 10:36 AM]
5/31/2023
  • Motion to Continue
REPLY filed by [85] to the Motion to continue oral argument filed by Respondent FTC in 23-60167 [79]. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REPLY filed by Respondent FTC [85] to the filed by Respondent FTC [79], to the to continue oral argument filed by Respondent FTC [79], to the to extend time to file appellee's brief filed by Respondent FTC [79]. Date of Service: 05/31/2023 via email - Attorney for Petitioners: Egge, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Sullivan, Varney, Weiss, Zaken; Attorney for Respondent: Hoffman. [23-60167] (Matthew Michael Hoffman ) [Entered: 05/31/2023 07:19 PM]
5/31/2023CASE CALENDARED for oral argument on Wednesday, 08/09/2023 at 3:00 p.m. in the East Courtroom of the Wisdom Courthouse in New Orleans. [23-60167] (CBW) [Entered: 05/31/2023 03:36 PM]
5/31/2023
  • Reply
REPLY filed by Petitioners [80] to the Response/Opposition filed by Respondent FTC in 23-60167 [79]. Date of Service: 05/31/2023. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REPLY filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated [80] to the filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated [71]. Date of Service: 05/31/2023 via email - Attorney for Petitioners: Egge, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Sullivan, Varney, Weiss, Zaken; Attorney for Respondent: Hoffman. [23-60167] (David Marriott ) [Entered: 05/31/2023 10:26 AM]
5/30/2023
  • Response
RESPONSE/OPPOSITION filed by Respondent FTC [79] to the Motion to file brief in excess of word count filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated in 23-60167 [71]Response/Opposition to Incorporated Motion due on 06/09/2023 and INCORPORATED MOTION to remove case from expedited calendar [79], to extend time to file brief of appellee until 07/26/2023 [79] Date of Service: 05/30/2023. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Respondent FTC to extend time to file brief of appellee until 07/26/2023 [79]. Date of service: 05/30/2023 via email - Attorney for Petitioners: Egge, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Sullivan, Varney, Weiss, Zaken; Attorney for Respondent: Hoffman [23-60167] (Matthew Michael Hoffman ) [Entered: 05/30/2023 04:48 PM]
5/30/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Gregory George Garre ) [Entered: 05/30/2023 11:29 AM]
5/25/2023
  • Motion
OPPOSED MOTION filed by Petitioners Illumina, Incorporated and GRAIL, Incorporated to file brief in excess of the word count limitation but not to exceed 16,000 (joint opening) and 8,000 (joint reply) words [71]. Date of service: 05/25/2023 via email - Attorney for Petitioners: Egge, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Sullivan, Varney, Weiss, Zaken; Attorney for Respondent: Hoffman [23-60167] (David Marriott ) [Entered: 05/25/2023 10:43 PM]
5/11/202370Certified List FILED in lieu of record.Administrative record deadline satisfied. [23-60167] (CAG) [Entered: 05/11/2023 10:30 AM]
5/8/2023CERTIFIED LIST filed. Date of Service: 05/08/2023 via email - Attorney for Petitioners: Egge, Goswami, Johnson, Marriott, Pfeiffer, Rathbun, Sullivan, Varney, Weiss, Zaken; Attorney for Respondent: Hoffman [23-60167] (Matthew Michael Hoffman ) [Entered: 05/08/2023 03:28 PM]
5/8/202368ADMINISTRATIVE RECORD CORRECTION REQUIRED. The filing of the certified list has been deleted and must be refiled. Corrections Required: An incorrect filing event was used. Please use this filing event to re-file the certified list:
cer lst f [23-60167] (DDL) [Entered: 05/08/2023 01:19 PM]
4/25/2023BRIEFING RESUMED. EXPEDITED SCHEDULE A/Pet's Brief Due on 06/05/2023 for Petitioners GRAIL, Incorporated and Illumina, Incorporated. Appellee's Brief due on 06/26/2023 for Respondent Federal Trade Commission. Reply Brief due on 07/11/2023 for Petitioners GRAIL, Incorporated and Illumina, Incorporated [23-60167] (MAS) [Entered: 04/25/2023 10:34 AM]
4/25/202363to suspend briefing notice dated 04/20/2023 [63] [23-60167] (MAS) [Entered: 04/25/2023 10:28 AM]
4/20/2023BRIEFING NOTICE ISSUED. EXPEDITED SCHEDULE. A/Pet's Brief Due on 05/05/2023 for Petitioners GRAIL, Incorporated and Illumina, Incorporated.. Appellee's Brief due on 05/15/2023 for Respondent Federal Trade Commission. Reply Brief due on 05/22/2023 for Petitioners GRAIL, Incorporated and Illumina, Incorporated. [23-60167] (MAS) [Entered: 04/20/2023 03:20 PM]
4/18/2023
  • Motion to ExpediteGranted
COURT ORDER granting Motion to expedite appeal filed by Petitioner Illumina, Incorporated [5] [23-60167] (MAS) [Entered: 04/18/2023 04:20 PM]
4/18/202355APPEARANCE FORM FILED by Attorney(s) Alfred Carroll Pfeiffer Jr. for party(s) Petitioner GRAIL, Incorporated, in case 23-60167 [23-60167] (MAS) [Entered: 04/18/2023 09:25 AM]
4/18/202354APPEARANCE FORM FILED by Attorney David Johnson for Petitioner GRAIL, Incorporated in 23-60167 [23-60167] (MAS) [Entered: 04/18/2023 09:19 AM]
4/18/202352APPEARANCE FORM FILED by Attorney(s) Anna M. Rathbun for party(s) Petitioner GRAIL, Incorporated, in case 23-60167 [23-60167] (MAS) [Entered: 04/18/2023 09:16 AM]
4/18/202351APPEARANCE FORM FILED by Attorney Marguerite M. Sullivan for Petitioner GRAIL, Incorporated in 23-60167 [23-60167] (MAS) [Entered: 04/18/2023 09:14 AM]
4/18/202349APPEARANCE FORM FILED by Attorney(s) Michael Egge for party(s) Petitioner GRAIL, Incorporated, in case 23-60167 [23-60167] (MAS) [Entered: 04/18/2023 09:11 AM]
4/17/2023
  • Response
RESPONSE/OPPOSITION [45] to the Motion to expedite appeal filed by Petitioner Illumina, Incorporated in 23-60167 [5]Response/Opposition deadline satisfied. Date of Service: 04/17/2023. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by FTC [45] to the filed by Petitioner Illumina, Incorporated [5] Date of Service: 04/17/2023 via email - Attorney for Petitioners: Goswami, Johnson, Marriott, Sullivan, Varney, Weiss, Zaken; Attorney for Respondent: Hoffman. [23-60167] (Matthew Michael Hoffman ) [Entered: 04/17/2023 03:24 PM]
4/14/202342ATTORNEY NOT PARTICIPATING. Heather Hippsley is designated as inactive in this case. Reason:No longer with the agency. [23-60167] (MAS) [Entered: 04/14/2023 05:18 PM]
4/14/202341ATTORNEY NOT PARTICIPATING. Donald S. Clark is designated as inactive in this case. Reason:No longer with agency. [23-60167] (MAS) [Entered: 04/14/2023 05:17 PM]
4/14/202340ATTORNEY NOT PARTICIPATING. Alden F. Abbott is designated as inactive in this case. Reason:No longer with the agency. [23-60167] (MAS) [Entered: 04/14/2023 05:16 PM]
4/14/2023ATTORNEY NOT PARTICIPATING. Joseph J. Simons is designated as inactive in this case. Reason:No longer with the agency. [23-60167] (MAS) [Entered: 04/14/2023 05:15 PM]
4/14/2023APPEARANCE FORM received from Mr. David Johnson for GRAIL, Incorporated for the court's review. Lead Counsel? No. [23-60167] (David Johnson ) [Entered: 04/14/2023 01:11 PM]
4/14/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Anna M. Rathbun ) [Entered: 04/14/2023 01:04 PM]
4/14/2023APPEARANCE FORM received from Ms. Marguerite M. Sullivan for GRAIL, Incorporated for the court's review. Lead Counsel? No. [23-60167] (Marguerite M. Sullivan ) [Entered: 04/14/2023 12:58 PM]
4/14/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Michael Egge ) [Entered: 04/14/2023 12:51 PM]
4/14/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Alfred Carroll Pfeiffer Jr.) [Entered: 04/14/2023 12:43 PM]
4/13/202332APPEARANCE FORM FILED by Attorney(s) Jesse Weiss for party(s) Petitioner Illumina, Incorporated, in case 23-60167 [23-60167] (MAS) [Entered: 04/13/2023 05:03 PM]
4/13/202330APPEARANCE FORM FILED by Attorney(s) Michael J. Zaken for party(s) Petitioner Illumina, Incorporated, in case 23-60167 [23-60167] (MAS) [Entered: 04/13/2023 05:01 PM]
4/13/202328APPEARANCE FORM FILED by Attorney(s) Sharonmoyee Goswami for party(s) Petitioner Illumina, Incorporated, in case 23-60167 [23-60167] (MAS) [Entered: 04/13/2023 04:59 PM]
4/13/202326APPEARANCE FORM FILED by Attorney(s) Christine Varney for party(s) Petitioner Illumina, Incorporated, in case 23-60167 [23-60167] (MAS) [Entered: 04/13/2023 04:55 PM]
4/12/2023LETTER filed Advising of attorneys no long with the agency. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Respondent FTC advising Court that individuals listed as counsel are no longer with FTC. Date of Service: 04/12/2023 via email - Attorney for Respondent: Hoffman; Attorney for Petitioners: Johnson, Marriott, Sullivan [23-60167] (Matthew Michael Hoffman ) [Entered: 04/12/2023 03:39 PM]
4/12/202323APPEARANCE FORM FILED by Attorney Matthew Michael Hoffman for Respondent FTC in 23-60167 [23-60167] (MRW) [Entered: 04/12/2023 10:51 AM]
4/12/202322INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [22] Initial AA Check Due satisfied. [23-60167] (MRW) [Entered: 04/12/2023 10:41 AM]
4/11/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Jesse Weiss ) [Entered: 04/11/2023 04:32 PM]
4/11/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Michael J. Zaken ) [Entered: 04/11/2023 04:29 PM]
4/11/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Sharonmoyee Goswami ) [Entered: 04/11/2023 04:24 PM]
4/11/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-60167] (Christine Varney ) [Entered: 04/11/2023 04:20 PM]
4/10/202313APPEARANCE FORM FILED by Attorney David Marriott for Petitioner Illumina, Incorporated in 23-60167 [23-60167] (MAS) [Entered: 04/10/2023 05:06 PM]
4/10/202312Attorney Matthew M. Hoffman added as counsel of record for Respondent FTC in 23-60167. [23-60167] (SEP) [Entered: 04/10/2023 02:16 PM]
4/10/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-60167] (Matthew Michael Hoffman ) [Entered: 04/10/2023 02:08 PM]
4/10/20239The Motion to expedite appeal filed by Petitioner Illumina, Incorporated in 23-60167 [5] has been made sufficient. [23-60167] (CAG) [Entered: 04/10/2023 11:11 AM]
4/10/20238Attorney David Johnson added as counsel of record for Petitioner GRAIL, Incorporated in 23-60167 [23-60167] (CAG) [Entered: 04/10/2023 11:08 AM]
4/6/20237Attorney Marguerite M. Sullivan added as counsel of record for Petitioner GRAIL, Incorporated in 23-60167 [23-60167] (CAG) [Entered: 04/06/2023 03:07 PM]
4/6/20236ATTORNEY NOT PARTICIPATING. David Marriott is removed as counsel of record for GRAIL, Inc.. Reason: inadvertently added at case opening. [23-60167] (CAG) [Entered: 04/06/2023 03:04 PM]
4/5/2023
  • Motion to Expedite
OPPOSED MOTION to expedite the appeal [5]. Date of service: 04/05/2023. Response/Opposition due on 04/17/2023. [23-60167]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Petitioner Illumina, Incorporated to expedite the appeal [5]. Date of service: 04/05/2023 via email - Attorney for Respondents: Abbott, Clark, Hippsley, Simons; Attorney for Petitioner: Marriott [23-60167] (David Marriott ) [Entered: 04/05/2023 03:56 PM]
4/5/2023APPEARANCE FORM received from Mr. David Marriott for GRAIL, Incorporated and Illumina, Incorporated for the court's review. Lead Counsel? Yes. [23-60167] (David Marriott ) [Entered: 04/05/2023 02:16 PM]
4/5/2023AGENCY CASE docketed. Petition for review filed by Petitioners GRAIL, Incorporated and Illumina, Incorporated. Date received in 5th Circuit: 04/04/2023. Administrative Record due on 05/15/2023 [23-60167] (CAG) [Entered: 04/05/2023 11:52 AM]