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

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

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the respondent in this case.

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)
Jun 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.
Jun 28 2018Application (17A1390) granted by Justice Thomas extending the time to file until September 8, 2018.
Sep 07 2018Petition for a writ of certiorari filed. (Response due October 11, 2018)
Oct 03 2018Blanket Consent filed by Petitioners, Cochise Consultancy, Inc. and The Parsons Corporation.
Oct 04 2018Blanket Consent filed by Respondents, United States of America ex rel. Billy Joe Hunt.
Oct 11 2018Response to petition from respondent United States of America ex rel. Billy Joe Hunt filed.
Oct 11 2018Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Oct 23 2018Reply of petitioners Cochise Consultancy, Inc. and The Parsons Corporation filed.
Oct 24 2018DISTRIBUTED for Conference of 11/9/2018.
Nov 13 2018DISTRIBUTED for Conference of 11/16/2018.
Nov 16 2018Petition GRANTED.
Jan 02 2019Joint appendix filed. (Statement of costs filed)
Jan 02 2019Brief of petitioner Cochise Consultancy, Inc. and The Parsons Corporation filed.
Jan 02 2019Blanket Consent filed by Respondent, United States of America ex rel. Billy Joe Hunt
Jan 03 2019Blanket Consent filed by Petitioners, Cochise Consultancy, Inc. and The Parsons Corporation.
Jan 07 2019Brief amicus curiae of Joel D. Hesch filed.
Jan 09 2019Brief amicus curiae of Coalition for Government Procurement filed.
Jan 09 2019Brief amicus curiae of Washington Legal Foundation filed.
Jan 09 2019Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
Jan 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.
Jan 25 2019SET FOR ARGUMENT on Tuesday, March 19, 2019
Feb 01 2019Brief of respondent United States of America ex rel. Billy Joe Hunt filed.
Feb 08 2019Brief amicus curiae of United States filed.
Feb 08 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 08 2019Brief amici curiae of Indiana and 19 Other States filed.
Feb 08 2019Brief amicus curiae of Taxpayers Against Fraud Education Fund filed.
Feb 08 2019Brief amicus curiae of The National Whistleblower Center filed.
Feb 14 2019CIRCULATED
Feb 21 2019Record requested from the U.S.C.A. 11th Circuit.
Feb 25 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 28 2019The record from the U.S.C.A. 11th Circuit is electronic and located on PACER. The record is complete.
Mar 04 2019Reply of petitioner Cochise Consultancy, Inc. and The Parsons Corporation filed. (Distributed)
Mar 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.)
May 13 2019Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court.
Jun 17 2019JUDGMENT ISSUED.