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Page 1 of 11 General Docket United States Court of Appeals for the Ninth Circuit Court of Appeals Docket #: 14-35173 Docketed: 03/07/2014 Nature of Suit: 1410 Antitrust Saint Alphonsus Medical Center, et al v. St. Luke's Health System, LTD, et al Appeal From: U.S. District Court for Idaho, Boise Fee Status: Paid Case Type Information: 1) civil 2) united states 3) null Originating Court Information: District: 0976-1 : 1:12-cv-00560-BLW Court Reporter: Tamara Idylene Hohenleitner, Court Reporter Trial Judge: B. Lynn Winmill, Chief District Judge Date Filed: 11/12/2012 Date Order/Judgment: Date Order/Judgment EOD: Date NOA Filed: Date Rec'd COA: 02/28/2014 02/28/2014 03/04/2014 03/04/2014 District: 0976-1 : 1:13-cv-00116-BLW Court Reporter: Tamara Idylene Hohenleitner, Court Reporter Trial Judge: B. Lynn Winmill, Chief District Judge Prior Cases: None Current Cases: Companion Lead Member Start End 13-73931 14-35173 03/07/2014 SAINT ALPHONSUS MEDICAL CENTER - NAMPA INC Bryan Nickels P.O. Box 7387 Boise, ID 83707 Keely Elizabeth Duke, Attorney Duke Scanlan & Hall Suite 300 1087 W. River Street Boise, ID 83702 David A. Ettinger, Esquire, Attorney Direct: 313-465-7368 Honigman Miller Schwartz and Cohn LLP 660 Woodward Avenue Detroit, MI 48226-3506 SAINT ALPHONSUS HEALTH SYSTEM INC Bryan Nickels Keely Elizabeth Duke, Attorney David A. Ettinger, Esquire, Attorney Direct: 313-465-7368

Page 2 of 11 SAINT ALPHONSUS REGIONAL MEDICAL CENTER, INC. Bryan Nickels Keely Elizabeth Duke, Attorney David A. Ettinger, Esquire, Attorney Direct: 313-465-7368 TREASURE VALLEY HOSPITAL LIMITED PARTNERSHIP FEDERAL TRADE COMMISSION Raymond D. Powers Direct: 208-577-5100 Powers Tolman Farley PLLC Suite # 150 345 Bobwhite Court Boise, ID 83706 Michael Daniel Bergman, Esquire, Attorney Direct: 202-326-3184 [COR LD NTC Government] Federal Trade Commission Room H-582 600 Pennsylvania Ave., NW Washington, DC 20580 John F. Daly, Esquire, Deputy General Counsel for Litigation Direct: 202-326-2244 [COR LD NTC Government] Federal Trade Commission H-582 600 Pennsylvania Ave., NW Washington, DC 20580 James Thomas Greene, Esquire, Special Counsel Direct: 202-326-2531 [COR LD NTC Government] Federal Trade Commission 600 Pennsylvania Ave., NW Washington, DC 20580 Syrena Case Hargrove, Assistant U.S. Attorney Direct: 208-334-1211 [COR LD NTC Assist US Attorney] OFFICE OF THE U.S. ATTORNEY MK Plaza, Plaza IV Suite 600 800 Park Boulevard Boise, ID 83712-9903 Henry C. Su, Attorney Direct: 202-326-3659 [COR LD NTC Government] U.S. Federal Trade Commission Bureau of Competition 601 New Jersey Ave., N.W. Mail Drop NJ-7144 Washington, DC 20001-2018 Joel Marcus Direct: 202-418-1745 [COR NTC Government] Federal Communications Commission Litigation Division 445 12th Street, S.W. Washington, DC 20554

Page 3 of 11 STATE OF IDAHO Brett T. DeLange, Deputy Attorney General Direct: 208-334-4114 [COR LD NTC Dep State Aty Gen] AGID-Idaho Office of the Attorney General P.O. Box 83720 Boise, ID 83720-0010 Carl Jeffrey Withroe Direct: 208-332-3554 [COR LD NTC Dep State Aty Gen] Office of the Attorney General Civil Litigation Division 2d Floor 954 W. Jefferson Boise, ID 83720 Colleen D. Zahn Direct: 208-334-4157 [COR LD NTC Dep State Aty Gen] AGID-Idaho Office of the Attorney General P.O. Box 83720 Boise, ID 83720-0010 Eric John Wilson, Attorney Direct: 608-257-3911 Godfrey & Kahn, S.C. Suite # 500 1 E Main Street PO Box 2719 Madison, WI 53701-2719 IDAHO STATESMAN PUBLISHING, LLC Intervenor, THE ASSOCIATED PRESS Intervenor, IDAHO PRESS CLUB Intervenor, IDAHO PRESS-TRIBUNE LLC Intervenor, LEE PUBLICATIONS INC. Intervenor, v. ST. LUKE'S HEALTH SYSTEM, LTD Defendant - Appellant, Charles A. Brown, Esquire Direct: 208-746-9947 324 Main Street P.O. Box 1225 Lewiston, ID 83501 Charles A. Brown, Esquire Direct: 208-746-9947 Charles A. Brown, Esquire Direct: 208-746-9947 Charles A. Brown, Esquire Direct: 208-746-9947 Charles A. Brown, Esquire Direct: 208-746-9947 Jack R. Bierig Sidley Austin LLP One South Dearborn Street Chicago, IL 60603 Tacy Fletcher Flint Sidley Austin LLP

Page 4 of 11 One South Dearborn Street Chicago, IL 60603 Charles K. Schafer, Attorney Sidley Austin LLP One South Dearborn Street Chicago, IL 60603 James Walter Sinclair, Attorney Direct: 208-342-5000 HOLLAND & HART, LLP Suite 1400 101 S. Capitol Blvd. P.O. Box 2527 Boise, ID 83702 Scott D. Stein Direct: 312-853-7520 Sidley Austin LLP One South Dearborn Street Chicago, IL 60603 Benjamin James Keith, Attorney Direct: 312-853-7814 Sidley Austin LLP Suite # 22W73 One South Dearborn Street Chicago, IL 60603 Brian Clayton Wonderlich Direct: 208-332-3542 AGID-Idaho Office of the Attorney General P.O. Box 83720 Boise, ID 83720-0010 ST. LUKE'S REGIONAL MEDICAL CENTER, LTD Defendant - Appellant, Jack R. Bierig Tacy Fletcher Flint Charles K. Schafer, Attorney James Walter Sinclair, Attorney Direct: 208-342-5000 Scott D. Stein Direct: 312-853-7520 Benjamin James Keith, Attorney Direct: 312-853-7814 Brian Clayton Wonderlich

Page 5 of 11 Direct: 208-332-3542 SALTZER MEDICAL GROUP Defendant - Appellant, ------------------------------ AMERICA'S ESSENTIAL HOSPITALS Amicus Curiae, INTERNATIONAL CENTER FOR LAW & ECONOMICS Amicus Curiae, MEDICAID DEFENSE FUND Amicus Curiae, Brian K. Julian Direct: 208-344-5800 ANDERSON, JULIAN & HULL LLP 250 S. 5th Street P. O. Box 7426 Boise, ID 83707-7426 Barbara D. A. Eyman, Attorney Direct: 202-567-6203 Eyman Associates, PC 810 First Street NE Suite 201 Washington, DC 20002 Lynn Stuart Carman, Esquire Direct: 415-927-4023 MEDICAID DEFENSE FUND 404 San Anselmo Ave. San Anselmo, CA 94960 Lynn Stuart Carman, Esquire Direct: 415-927-4023

Page 6 of 11 SAINT ALPHONSUS MEDICAL CENTER - NAMPA INC; SAINT ALPHONSUS HEALTH SYSTEM INC; SAINT ALPHONSUS REGIONAL MEDICAL CENTER, INC.; TREASURE VALLEY HOSPITAL LIMITED PARTNERSHIP; FEDERAL TRADE COMMISSION; STATE OF IDAHO, and Plaintiffs - Appellees, IDAHO STATESMAN PUBLISHING, LLC; THE ASSOCIATED PRESS; IDAHO PRESS CLUB; IDAHO PRESS-TRIBUNE LLC; LEE PUBLICATIONS INC., v. Intervenors, ST. LUKE'S HEALTH SYSTEM, LTD; ST. LUKE'S REGIONAL MEDICAL CENTER, LTD; SALTZER MEDICAL GROUP, Defendants - Appellants.

Page 7 of 11 03/07/2014 1 17 pg, 639.12 KB 03/07/2014 2 6 pg, 268.34 KB 03/13/2014 3 8 pg, 334.18 KB 03/18/2014 4 2 pg, 13.55 KB DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 03/14/2014. Transcript ordered by 04/03/2014. Transcript due 05/05/2014. Appellants Saltzer Medical Group, St. Luke's Health System, LTD and St. Luke's Regional Medical Center, Ltd opening brief due 06/12/2014. Appellees Federal Trade Commission, STATE OF IDAHO, Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc, Saint Alphonsus Regional Medical Center, Inc. and Treasure Valley Hospital Limited Partnership answering brief due 07/14/2014. Appellant's optional reply brief is due 14 days after service of the answering brief. [9007520] (RT) Medical Center, Ltd Correspondence: Copy of Representation Statement filed in District Court. Date of service: 03/05/2014 [9007584] (JWS) Medical Center, Ltd Mediation Questionnaire. Date of service: 03/13/2014. [9015097] (JWS) Filed (ECF) notice of appearance of Joel Robert Marcus for Appellee FTC. Date of service: 03/18/2014. [9019636] (JM) 03/18/2014 5 Added attorney Joel Marcus for FTC [9019745] (RL) 03/18/2014 6 2 pg, 104.67 KB Filed (ECF) notice of appearance of Eric J. Wilson for Appellee STATE OF IDAHO. Date of service: 03/18/2014. [9020943] (EJW) 03/18/2014 7 Added attorney Eric John Wilson for STATE OF IDAHO. [9020973] (RL) 03/18/2014 8 2 pg, 403.65 KB Filed (ECF) notice of appearance of Raymond D. Powers for Appellee Treasure Valley Hospital Limited Partnership. Date of service: 03/18/2014. [9021227] (RDP) 03/18/2014 9 Added attorney Raymond D. Powers for Treasure Valley Hospital Limited Partnership. [9021245] (RL) 03/18/2014 10 2 pg, 13.65 KB Filed (ECF) notice of appearance of Keely E. Duke for Appellees Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc, Saint Alphonsus Regional Medical Center, Inc. and Treasure Valley Hospital Limited Partnership. Date of service: 03/18/2014. [9021247] (KED) 03/18/2014 11 Added attorney Keely Elizabeth Duke for Saint Alphonsus Health System Inc Saint Alphonsus Regional Medical Center, Inc. Saint Alphonsus Medical Center - Nampa Inc. [9021309] (RL) 03/19/2014 12 2 pg, 101.07 KB Filed (ECF) notice of appearance of Brian C. Wonderlich for Appellants St. Luke's Health System, LTD and St. Luke's Regional Medical Center, Ltd. Date of service: 03/19/2014. [9021876] (BCW) 03/19/2014 13 Added attorney Brian Clayton Wonderlich for St. Luke's Regional Medical Center, Ltd St. Luke's Health System, LTD. [9021901] (RL) 04/03/2014 14 2 pg, 28.07 KB Filed (ECF) notice of appearance of David A. Ettinger for Appellees Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc and Saint Alphonsus Regional Medical Center, Inc.. Date of service: 04/03/2014. [9042807] (DAE) 04/03/2014 15 Added attorney David A. Ettinger for Saint Alphonsus Health System Inc Saint Alphonsus Regional Medical Center, Inc. Saint Alphonsus Medical Center - Nampa Inc.. [9042859] (RL) 04/03/2014 16 2 pg, 412.28 KB Filed (ECF) notice of appearance of Brian K. Julian for Appellant Saltzer Medical Group. Date of service: 04/03/2014. [9042878] (BKJ) 04/03/2014 17 Added attorney Brian K. Julian for Saltzer Medical Group. [9042899] (RL) 04/07/2014 18 4 pg, 135.92 KB 06/12/2014 19 2 pg, 383.38 KB 06/12/2014 20 80 pg, 193.34 KB 06/12/2014 21 363 pg, 27.11 MB Medical Center, Ltd Correspondence: Notice re: Transcripts filed with District Court as Dkt #492. Date of service: 04/07/2014 [9046963] (JWS) Filed (ECF) notice of appearance of Ben Keith for Appellants St. Luke's Health System, LTD and St. Luke's Regional Medical Center, Ltd. Date of service: 06/12/2014. [9130073] (JRB) Submitted (ECF) Opening Brief for review. Submitted by Appellants Saltzer Medical Group, St. Luke's Health System, LTD and St. Luke's Regional Medical Center, Ltd. Date of service: 06/12/2014. [9130894] (JRB) Submitted (ECF) excerpts of record. Submitted by Appellants Saltzer Medical Group, St. Luke's Health System, LTD and St. Luke's Regional Medical Center, Ltd. Date of service: 06/12/2014. [9130961]--[Edited: Attached volume 2 of excerpts. 06/13/2014 by RY] (JRB) 06/12/2014 22 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Attached excerpts to Correct Entry: [21]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellants Saltzer Medical Group, St. Luke's Health System, LTD and St. Luke's Regional Medical Center, Ltd. Date of service: 06/12/2014. [9130966] (JRB) 06/13/2014 23

Page 8 of 11 Added attorney Benjamin James Keith for St. Luke's Regional Medical Center, Ltd St. Luke's Health System, LTD, in case 14-35173. [9131527] (HC) 06/13/2014 24 39 pg, 1.45 MB 06/13/2014 25 2 pg, 197.18 KB Received Appellants' notification of filing Volumes 3 and 4 of excerpts of record under seal, with DC protective orders attached. [9132353] (LA) Received UNDER SEAL Appellants' excerpts of record Volumes 3 and 4. Deficiencies: excerpts of record pages are double-sided. Notified counsel (see attached notice). [9132360] (LA) 06/16/2014 26 2 pg, 86.11 KB Filed clerk order: The opening brief [20] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 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 paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [21] submitted by appellants. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9133143] (TLH) 06/17/2014 27 Received corrected deficiency of single-sided Volumes 3 and 4 of excerpts of record UNDER SEAL from Appellants. (waiting for paper copies of Volumes 1 and 2) [9137448] (LA) 06/19/2014 28 24 pg, 81.05 KB Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by America's Essential Hospitals. Date of service: 06/19/2014. [9138172] (BDE) 06/19/2014 29 Entered appearance of Amicus Curiae America's Essential Hospitals. [9138514] (LA) 06/19/2014 30 2 pg, 85.71 KB Filed clerk order: The amicus brief [28] submitted by America's Essential Hospitals is filed. Within 7 days of the filing of this order, filer is ordered to file 7 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: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9138518] (LA) 06/19/2014 31 Filed Appellants' paper copies of excerpts of record [21] in 4 volume(s) (Volumes 3 and 4 UNDER SEAL). [9139078] (TLH) 06/19/2014 32 Received 7 paper copies of Opening brief [20] filed by appellants. [9139275] (SD) 06/19/2014 33 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [37]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by INTERNATIONAL CENTER OF LAW & ECONOMICS, and MEDICAID DEFENSE FUND. Date of service: 06/19/2014. [9139545] (LSC) 06/19/2014 34 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [37]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by (1) INTERNATIONAL CENTER OF LAW & ECONOMICS and (2) MEDICAID DEFENSE FUND. Date of service: 06/19/2014. [9139546] (LSC) 06/19/2014 35 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [37]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by (1) INTERNATIONAL CENTER OF LAW & ECONOMICS and (2) MEDICAID DEFENSE FUND. Date of service: 06/19/2014. [9139547] (LSC) 06/19/2014 36 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [37]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by INTERNATIONAL CENTER OF LAW & ECONOMICS and (2) MEDICAID DEFENSE FUND. Date of service: 06/19/2014. [9139548] (LSC) 06/19/2014 37 45 pg, 518.25 KB Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by (1) INTERNATIONAL CENTER OF LAW & ECONOMICS and (2 MEDICAID DEFENSE FUND. Date of service: 06/19/2014. [9139550] (LSC) 06/20/2014 38 Entered appearance of Amici Curiae International Center for Law & Economics and Medicaid Defense Fund. [9139847] (LA) 06/20/2014 39 2 pg, 86.22 KB Filed clerk order: The amicus brief [37] submitted by International Center for Law & Economics and Medicaid Defense Fund is filed. Within 7 days of the filing of this order, filer is ordered to file 7 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: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9139934] (LA) 06/20/2014 40 Received 7 paper copies of Amicus brief [28] filed by America's Essential Hospitals. [9143370] (DB) 06/24/2014 41 88 pg, 367.92 KB 06/25/2014 Medical Center, Ltd Urgent Motion to stay lower court action. Date of service: 06/24/2014. [9144443] (JRB)

Page 9 of 11 42 4 pg, 343.77 KB Medical Center, Ltd Correspondence: District court stay pending ruling on Appellants motion under Rule 8 (a)(2). Date of service: 06/25/2014 [9145883] (JRB) 06/25/2014 43 Received 7 paper copies of Amicus brief [37] filed by International Center for Law & Economics and Medicaid Defense Fund. [9146132] (DB) 06/25/2014 44 37 pg, 1.36 MB Received Appellants Saltzer Medical Group, St. Luke's Health System, LTD and St. Luke's Regional Medical Center, Ltd notification of necessity to file under seal exhibits C and D to motion of appellants for stay pending appeal. Served on 06/24/2014 [9146156] (RL) 06/25/2014 45 Filed UNDER SEAL Appellants Saltzer Medical Group, St. Luke's Health System, LTD and St. Luke's Regional Medical Center, Ltd exhibits C and D to motion for stay pending appeal. Served on 06/24/2014. Sent to. [9146171] (RL) 06/27/2014 46 18 pg, 354.9 KB Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Medicaid Defense Fund. Date of service: 06/27/2014. [9149501] (LSC) 07/03/2014 47 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees FTC and State of Idaho. New requested due date is 08/13/2014 at 11:00 pm. [9155582] (JM) 07/03/2014 48 Streamlined request [47] by Appellees FTC and State of Idaho to extend time to file the brief is approved. Amended briefing schedule: Appellees Federal Trade Commission and State of Idaho answering brief due 08/13/2014. The optional reply brief is due 14 days after the last-served answering brief. [9155930] (GS) 07/07/2014 49 25 pg, 129.79 KB 07/07/2014 50 88 pg, 5.44 MB Filed (ECF) Appellees FTC and State of Idaho response opposing motion (,motion to stay lower court action). Date of service: 07/07/2014. [9158282] (JM) Filed (ECF) Appellees Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc, Saint Alphonsus Regional Medical Center, Inc. and Treasure Valley Hospital Limited Partnership response to motion (,motion to stay lower court action). Date of service: 07/07/2014. [9158757] (KED) 07/07/2014 51 Received UNDER SEAL Appellee FTC notification of necessity to file under seal attachments to opposition to motion for stay. Served on 07/07/2014 [9159889] (RL) 07/07/2014 52 Received UNDER SEAL Appellee FTC appendix of sealed trial transcript excerpts. Served on 07/07/2014 [9159903] (RL) 07/07/2014 53 37 pg, 1.42 MB Received Appellees Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc, Saint Alphonsus Regional Medical Center, Inc. and Treasure Valley Hospital Limited Partnership notification of necessity to file under seal exhibits 1 through 33 to Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc, Saint Alphonsus Regional Medical Center, Inc. and Treasure Valley Hospital Limited Partnership's response to motion of appellants motion for stay pending appeal. [9160119] (RL) 07/07/2014 54 Received UNDER SEAL Appellees Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc, Saint Alphonsus Regional Medical Center, Inc. and Treasure Valley Hospital Limited Partnership exhibits 1 through 33 response to motion of appellants for stay pending appeal. Served on 07/06/2014 (Volume 1 & Volume 2) [9160145] (RL) 07/14/2014 55 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc, Saint Alphonsus Regional Medical Center, Inc. and Treasure Valley Hospital Limited Partnership. New requested due date is 07/21/2014 at 11:00 pm. [9166759] (DAE) 07/14/2014 56 Streamlined request [55] by Appellees Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc, Saint Alphonsus Regional Medical Center, Inc. and Treasure Valley Hospital Limited Partnership to extend time to file the brief is approved. Amended briefing schedule: Appellees Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc, Saint Alphonsus Regional Medical Center, Inc. and Treasure Valley Hospital Limited Partnership answering brief due 08/13/2014. The optional reply brief is due 14 days from the date of service of the last-served answering brief. [9166986] (TH) 07/14/2014 57 35 pg, 3.03 MB 07/15/2014 58 38 pg, 1.43 MB Filed (ECF) Appellants St. Luke's Health System, LTD and St. Luke's Regional Medical Center, Ltd reply to response (,,motion to stay lower court action). Date of service: 07/14/2014. [9168452] (JRB) Received Appellants Saltzer Medical Group, St. Luke's Health System, LTD and St. Luke's Regional Medical Center, Ltd notification of necessity to file under seal exhibits E and H to reply in support of appellants' motion for stay pending appeal. [9169928] (RL) 07/15/2014 59 Received UNDER SEAL Appellants Saltzer Medical Group, St. Luke's Health System, LTD and St. Luke's Regional Medical Center, Ltd exhibits E and H to reply in support of appellants' motion for stay pending appeal. Served on 07/14/2014 [9169937] (RL) 07/16/2014 60 310 pg, 14.4 MB Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellees Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc, Saint Alphonsus

Page 10 of 11 07/16/2014 61 2 pg, 86.12 KB 07/16/2014 62 32 pg, 558.17 KB 07/16/2014 64 41 pg, 1.45 MB Regional Medical Center, Inc. and Treasure Valley Hospital Limited Partnership. Date of service: 07/16/2014. [9170865] (KED) Filed clerk order: The answering brief [60] submitted by Saint Alphonsus Health System Inc, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 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: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [60] submitted by Saint Alphonsus Health System Inc, et al. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9171006] (TLH) Filed (ECF) Appellees FTC, Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc, Saint Alphonsus Regional Medical Center, Inc., State of Idaho and Treasure Valley Hospital Limited Partnership Urgent Motion for miscellaneous relief [Motion for leave to file surreply pleading]. Date of service: 07/16/2014. [9171780] (JM) Received Appellees FTC, Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc, Saint Alphonsus Regional Medical Center, Inc., State of Idaho and Treasure Valley Hospital Limited Partnership notification of necessity to file under seal exhibits 6 through 10 to the sur-reply in opposition to motion of appellant's for stay pending appeal. [9173484] (RL) 07/16/2014 65 Received UNDER SEAL Appellees FTC, Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc, Saint Alphonsus Regional Medical Center, Inc., State of Idaho and Treasure Valley Hospital Limited Partnership exhibits 6 through 10 to the sur-reply in opposition to motion of appellants for stay pending appeal. Served on 07/16/2014 [9173501] (RL) 07/17/2014 63 27 pg, 370.26 KB 07/17/2014 67 39 pg, 1.44 MB Medical Center, Ltd response opposing motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 07/17/2014. [9173000] (JRB) Received Appellees Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc, Saint Alphonsus Regional Medical Center, Inc. and Treasure Valley Hospital Limited Partnership notice of filing under seal of Volume 2-5 of supplemental excerpts of record under seal with DC protective orders attached. [9174346] (TLH) 07/18/2014 66 Received 7 paper copies of Answering brief [60] filed by Saint Alphonsus Health System Inc., et al. [9173970] (SD) 07/18/2014 68 Filed Appellees Saint Alphonsus Health System Inc, Saint Alphonsus Medical Center - Nampa Inc, Saint Alphonsus Regional Medical Center, Inc. and Treasure Valley Hospital Limited Partnership paper copies of supplemental excerpts of record [60] in 5 volumes (Volumes 2-5 UNDER SEAL). [9174350] (TLH) 07/22/2014 69 2 pg, 15.3 KB 07/25/2014 70 2 pg, 47.13 KB 07/25/2014 71 2 pg, 85.7 KB Filed (ECF) notice of appearance of David C. Shonka for Appellee FTC. Date of service: 07/22/2014. [9177700] (JM) Filed order (ALEX KOZINSKI, MICHAEL DALY HAWKINS and KIM MCLANE WARDLAW) Appellees opposed motion for leave to file sur-reply in opposition to motion of appellants for stay pending appeal is granted. The Clerk shall file the surreply. The Clerk shall file the Brief For Amicus Curiae Medicaid Defense Fund In Support of Defendants-Appellants Urgent Motion For A Stay (docket No. 46). Now, having considered the stay motion and all responses/replies thereto, appellants motion to stay the district court s January 24, 2014 order pending appeal is granted. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). The court sua sponte expedites the briefing and hearing of this appeal. The opening brief has been filed. The answering brief of appellees Saint Alphonsus Medical Center - Nampa, Inc., Saint Alphonsus Health System, Inc., Saint Alphonsus Regional Medical Center, Inc., and Treasure Valley Hospital Limited Partnership has been filed. The answering brief of appellees Federal Trade Commission and State of Idaho remains due August 13, 2014, and the optional reply brief is due within fourteen days after the last filed answering brief. Any further request for an extension of time to file a brief is disfavored; any such relief must be requested under Ninth Circuit Rule 31-2.2(b). The Clerk shall calendar the appeal on the earliest available argument calendar. [9181630] (TSP) Filed clerk order: The amicus brief [46] submitted by Medicaid Defense Fund is filed. Within 7 days of the filing of this order, filer is ordered to file 7 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: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9182284] (LA)

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