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Cochise Consultancy Inc. v. United States, ex rel. Hunt

Docket No. Op. Below Argument Opinion Vote Author Term
18-315 11th Cir. Mar 19, 2019 May 13, 2019 9-0 Thomas OT 2018

Holding: The limitations period in 31 U.S.C. §3731(b)(2) -- which provides that a False Claims Act action must be brought within three years after the "the official of the United States charged with responsibility to act in the circumstances" knew or should have known the relevant facts, but not more than 10 years after the violation -- applies in a qui tam suit in which the federal government has declined to intervene; the relator in a nonintervened suit is not "the official of the United States" whose knowledge triggers "3731(b)(2)"s limitations period.

Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on May 13, 2019.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
06/19/2018Application (17A1390) to extend the time to file a petition for a writ of certiorari from July 10, 2018 to September 8, 2018, submitted to Justice Thomas.
06/28/2018Application (17A1390) granted by Justice Thomas extending the time to file until September 8, 2018.
09/07/2018Petition for a writ of certiorari filed. (Response due October 11, 2018)
10/03/2018Blanket Consent filed by Petitioners, Cochise Consultancy, Inc. and The Parsons Corporation.
10/04/2018Blanket Consent filed by Respondents, United States of America ex rel. Billy Joe Hunt.
10/11/2018Response to petition from respondent United States of America ex rel. Billy Joe Hunt filed.
10/11/2018Brief amicus curiae of Chamber of Commerce of the United States of America filed.
10/23/2018Reply of petitioners Cochise Consultancy, Inc. and The Parsons Corporation filed.
10/24/2018DISTRIBUTED for Conference of 11/9/2018.
11/13/2018DISTRIBUTED for Conference of 11/16/2018.
11/16/2018Petition GRANTED.
01/02/2019Joint appendix filed. (Statement of costs filed)
01/02/2019Brief of petitioner Cochise Consultancy, Inc. and The Parsons Corporation filed.
01/02/2019Blanket Consent filed by Respondent, United States of America ex rel. Billy Joe Hunt
01/03/2019Blanket Consent filed by Petitioners, Cochise Consultancy, Inc. and The Parsons Corporation.
01/07/2019Brief amicus curiae of Joel D. Hesch filed.
01/09/2019Brief amicus curiae of Coalition for Government Procurement filed.
01/09/2019Brief amicus curiae of Washington Legal Foundation filed.
01/09/2019Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
01/09/2019Brief amici curiae of DRI-The Voice of the Defense Bar, and the Professional Services Counsel-The Voice of the Government Services Industry filed.
01/25/2019SET FOR ARGUMENT on Tuesday, March 19, 2019
02/01/2019Brief of respondent United States of America ex rel. Billy Joe Hunt filed.
02/08/2019Brief amicus curiae of United States filed.
02/08/2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
02/08/2019Brief amici curiae of Indiana and 19 Other States filed.
02/08/2019Brief amicus curiae of Taxpayers Against Fraud Education Fund filed.
02/08/2019Brief amicus curiae of The National Whistleblower Center filed.
02/14/2019CIRCULATED
02/21/2019Record requested from the U.S.C.A. 11th Circuit.
02/25/2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
02/28/2019The record from the U.S.C.A. 11th Circuit is electronic and located on PACER. The record is complete.
03/04/2019Reply of petitioner Cochise Consultancy, Inc. and The Parsons Corporation filed. (Distributed)
03/19/2019Argued. For petitioners: Theodore J. Boutrous, Jr., Los Angeles, Cal. For respondent: Earl N. Mayfield, III, Fairfax, Va.; and Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
05/13/2019Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court.
06/17/2019JUDGMENT ISSUED.