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Frank v. Gaos

Docket No. Op. Below Argument Opinion Vote Author Term
17-961 9th Cir. Oct 31, 2018
Tr.Aud.
TBD TBD TBD OT 2018

Issue: Whether, or in what circumstances, a cy pres award of class action proceeds that provides no direct relief to class members supports class certification and comports with the requirement that a settlement binding class members must be “fair, reasonable, and adequate.”

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 03 2018Petition for a writ of certiorari filed. (Response due February 7, 2018)
Jan 23 2018Motion to extend the time to file a response from February 7, 2018 to March 9, 2018, submitted to The Clerk.
Jan 24 2018Motion to extend the time to file a response is granted and the time is extended to and including March 9, 2018, for all respondents.
Feb 07 2018Brief amicus curiae of Cato Institute filed.
Feb 07 2018Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Feb 07 2018Brief amicus curiae of Center for Individual Rights filed.
Feb 07 2018Brief amici curiae of Attorney General of Arizona, et al. filed.
Mar 09 2018Brief of respondents Paloma Gaos, et al. in opposition filed.
Mar 09 2018Brief of respondent Google LLC in opposition filed.
Mar 22 2018Reply of petitioners Theodore H. Frank, et al. filed.
Mar 28 2018DISTRIBUTED for Conference of 4/13/2018.
Apr 16 2018DISTRIBUTED for Conference of 4/20/2018.
Apr 23 2018DISTRIBUTED for Conference of 4/27/2018.
Apr 30 2018Petition GRANTED.
May 03 2018Motion for an extension of time filed.
May 15 2018Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 9, 2018. The time to file respondents' briefs on the merits is extended to and including August 29, 2018.
Jul 02 2018Joint appendix filed. (Statement of costs filed)
Jul 09 2018Brief of petitioners Theodore H. Frank, et al. filed.
Jul 12 2018Amicus brief of Cato Institute not accepted for filing. (July 12, 2018)
Jul 12 2018Brief amici curiae of Cato Institute and Americans for Prosperity filed.
Jul 13 2018Brief amici curiae of Center for Constitutional Jurisprudence and Atlantic Legal Foundation filed.
Jul 13 2018Brief amicus curiae of Lawyers for Civil Justice filed.
Jul 13 2018Brief amicus curiae of Former Professor Roy A. Katriel in support of neither party filed.
Jul 16 2018Brief amicus curiae of Center for Individual Rights filed.
Jul 16 2018Brief amicus curiae of Manhattan Institute for Policy Research filed.
Jul 16 2018Amicus brief of American Bar Association not accepted for filing. (July 17, 2018 - Brief does not comply with Rules 33 & 34. To be reprinted.)
Jul 16 2018Brief amicus curiae of New Jersey Civil Justice Institute filed.
Jul 16 2018Brief amici curiae of David Lowrey, et al. filed.
Jul 16 2018Brief amicus curiae of Electronic Privacy Information Center filed.
Jul 16 2018Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
Jul 16 2018Brief amicus curiae of United States in support of neither party filed.
Jul 16 2018Brief amici curiae of Attorneys General of Arizona, et al. filed.
Jul 16 2018Brief amicus curiae of American Bar Association in support of neither party filed.
Aug 20 2018SET FOR ARGUMENT on Wednesday, October 31, 2018
Aug 29 2018Brief of respondents Paloma Gaos, et al. filed.
Aug 29 2018Brief of respondent Google LLC filed.
Sep 04 2018Motion for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument filed by Former Professor Roy A. Katriel.
Sep 05 2018Amicus brief of Professor William B. Rubenstein not accepted for filing. (Resubmitted with all required documentation - September 05, 2018)
Sep 05 2018Brief amicus curiae of Professor William B. Rubenstein filed.
Sep 05 2018Brief amicus curiae of Spectrum Settlement Recovery, LLC filed.
Sep 05 2018Brief amicus curiae of Center for Workplace Compliance filed.
Sep 05 2018Brief amici curiae of The Center for Democracy and Technology, et al. filed.
Sep 05 2018Brief amici curiae of Law Professors filed.
Sep 05 2018Brief amici curiae of Public Citizen, Inc. and Public Citizen Foundation filed.
Sep 05 2018Brief amici curiae of States of Oregon, et al. filed.
Sep 05 2018Brief amicus curiae of American Association for Justice filed.
Sep 05 2018Joint motion for divided argument filed by respondents.
Sep 05 2018Brief amici curiae of Legal Aid Organizations filed.
Sep 05 2018Brief amici curiae of Computer & Communications Industry Association and TechNet filed.
Sep 05 2018Amicus brief of National Consumer Law Center, et al. not accepted for filing. (Corrected brief to be resubmitted - September 10, 2018)
Sep 05 2018Brief amicus curiae of Civil Justice Research Initiative filed.
Sep 05 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 05 2018Brief amici curiae of The New York Bar Foundation and The New York State Bar Association filed.
Sep 05 2018Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed)
Sep 07 2018Opposition of petitioners to motion of Former Professor Roy A. Katriel for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 07 2018Application (18A242) to file a reply brief on the merits in excess of the word limit, submitted to The Chief Justice.
Sep 10 2018Record requested from the U.S.C.A. 9th Circuit.
Sep 11 2018Application (18A242) to file a reply brief on the merits in excess of the word limit granted in part by The Chief Justice. Petitioners' reply brief on the merits may not exceed 7,000 words.
Sep 12 2018CIRCULATED
Sep 28 2018Reply of petitioners Theodore H. Frank, et al. filed. (Distributed)
Oct 01 2018Joint motion for divided argument filed by respondents GRANTED.
Oct 01 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 01 2018Motion for leave to participate in oral argument as amicus curiae and for divided argument filed by Former Professor Roy A. Katriel DENIED.
Oct 23 2018Supplemental brief of petitioners Theodore H. Frank, et al. filed. (Distributed)
Oct 29 2018Supplemental brief of respondents Paloma Gaos, et al. filed. (Distributed)
Oct 31 2018Argued. For petitioners: Theodore H. Frank, Washington, D. C. For United States, as amicus curiae: Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent Google LLC: Andrew J. Pincus, Washington, D. C. For respondents Gaos, et al.; Jeffrey A. Lamken, Washington, D. C.
Nov 06 2018The parties and the Solicitor General are directed to file supplemental briefs addressing whether any named plaintiff has standing such that the federal courts have Article III jurisdiction over this dispute. The briefs, not to exceed 6,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, November 30, 2018. Reply briefs, not to exceed 3,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 21, 2018.
Nov 19 2018Motion for an extension of time to file the supplemental briefs and replies filed.
Nov 20 2018Motion to extend the time to file the supplemental briefs and replies denied
 
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