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Colone v. Superior Court of California, San Francisco County

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-1474 Cal. Ct. App. TBD TBD TBD TBD TBD

Issues: (1) Whether federal statutes must contain express privilege language before courts may decide that Congress intended the statute to create an evidentiary privilege that abrogates the legislated subpoena and discovery rules, and impedes judicial truth-seeking, as the U.S. Courts of Appeals for the 9th, 10th and 11th Circuits have ruled, or whether courts may read ambiguous silence in statutory text to impliedly create such a privilege, as the U.S. Courts of Appeals for the District of Columbia, 3rd and 5th Circuits, and the lower courts in this case, have ruled; and (2) whether the Stored Communications Act yields to judicial process, as the 9th Circuit has presumed, or whether the act impliedly creates a novel, unqualified evidentiary privilege for the Internet that bars judicial subpoenas requested by non-governmental litigants, as the U.S. Court of Appeals for the 2nd Circuit, the Ohio State Supreme Court, the District of Columbia Court of Appeals and the lower courts in this case have ruled.

DateProceedings and Orders (key to color coding)
Apr 13 2021Petition for a writ of certiorari filed. (Response due May 20, 2021)
May 04 2021Waiver of right of respondent GitHub, Inc. to respond filed.
May 20 2021Brief amici curiae of Legal Scholars and Scientists filed.
May 20 2021Brief amici curiae of The National Association for Public Defense, et al. filed.
May 25 2021DISTRIBUTED for Conference of 6/10/2021.
Jun 07 2021Response Requested. (Due July 7, 2021)
Jun 09 2021Motion to extend the time to file a response from July 7, 2021 to August 6, 2021, submitted to The Clerk.
Jun 10 2021Motion to extend the time to file a response is granted and the time is extended to and including August 6, 2021.