UNITED STATES COURT OF APPEALSFOR THE DISTRICT OF COLUMBIA CIRCUIT
_______________________________ DR. JAMES L. SHERLEY, et al., )) No. 10-5287
, )) On Appeal from the United
) States District Court for the) District of ColumbiaKATHLEEN SEBELIUS, et al., ) (1:09-cv-01575-RCL))
PLAINTIFFS-APPELLEES MOTION TO REFER THIS APPEAL TO THEPANEL THAT DECIDED THE ORIGINAL APPEAL IN THIS CASE
Plaintiffs-Appellees hereby move this Court to refer the present appeal including all motions and other filings in this caseto the same panel that recentlydecided the original appeal in this case. Plaintiffs-Appellees (Plaintiffs)
contacted the U.S. Department of Justice (DOJ) regarding this motion and theDOJ, on behalf of the Defendants-Appellants (the government), takes no position on this motion.This case was very recently considered, and resolved in part, by a merits panel (consisting of Judges Ginsburg, Brown, and Kavanaugh) in No. 09-5374,which was argued on April 12, 2010, and decided on June 25, 2010.
See Sherley v.
In the original appeal, Plaintiffs were the Appellants.
Case: 10-5287 Document: 1263585 Filed: 09/01/2010 Page: 1