Dart Cherokee Basin Operating Company, LLC v. Owens

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-719	10th Cir.	Oct 7, 2014 Tr.Aud.	Dec 15, 2014	5-4	Ginsburg	OT 2014

Holding: A defendant’s notice of removal of a case from state to federal court need include only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold; it does not need to contain evidentiary submissions.

Judgment: Reversed, 5-4, in an opinion by Justice Ginsburg on December 15, 2014. Justice Scalia filed a dissenting opinion, in which Justice Kennedy and Justice Kagan joined, and which Justice Thomas joined as to all but the last sentence. Justice Thomas also filed a dissenting opinion.

SCOTUSblog Coverage

Opinion analysis: Court stretches to correct anachronistic Tenth Circuit pleading rule (Ronald Mann)
Argument analysis: Another one bites the dust, as Justices threaten dismissal of second case from October session (Ronald Mann)
Argument preview: Justices to mull pleading standard for removal (Ronald Mann)
Court denies case on refusal of gay customers (Lyle Denniston)
Petition of the day (Maureen Johnston)

Date	Proceedings and Orders (key to color coding)
Dec 13 2013	Petition for a writ of certiorari filed. (Response due January 16, 2014)
Dec 19 2013	Waiver of right of respondent Brandon W. Owens to respond filed.
Jan 8 2014	DISTRIBUTED for Conference of January 24, 2014.
Jan 8 2014	Response Requested . (Due February 7, 2014)
Jan 27 2014	Order extending time to file response to petition to and including February 21, 2014.
Feb 7 2014	Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America.
Feb 21 2014	Brief of respondent Brandon W. Owens in opposition filed.
Mar 4 2014	Reply of petitioners Dart Cherokee Basin Operating Company, LLC, et al. filed.
Mar 12 2014	DISTRIBUTED for Conference of March 28, 2014.
Mar 31 2014	DISTRIBUTED for Conference of April 4, 2014.
Apr 7 2014	Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America GRANTED.
Apr 7 2014	Petition GRANTED.
May 15 2014	Consent to the filing of amicus curiae briefs in support of petitioners received from counsel for petitioners.
May 15 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
May 21 2014	Motion to dispense with printing the joint appendix filed by Dart Cherokee Basin Operating Company, LLC, et al. v. Brandon W. Owens.
May 22 2014	Brief of petitioners Dart Cherokee Basin Operating Company, LLC, et al. filed.
May 29 2014	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
May 29 2014	Brief amici curiae of Washington Legal Foundation, et al. filed.
May 29 2014	Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Jun 2 2014	Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Jun 6 2014	The time to file respondent's brief on the merits is extended to and including July 23, 2014.
Jul 9 2014	Record requested from U.S.C.A. 10th Circuit.
Jul 15 2014	Record received from U.S.C.A. 10th Circuit is electronic and available on PACER.
Jul 16 2014	SET FOR ARGUMENT ON Tuesday, October 7, 2014
Jul 23 2014	Brief of respondent Brandon W. Owens filed.
Jul 29 2014	Brief amicus curiae of Public Citizen, Inc. filed.
Aug 7 2014	CIRCULATED.
Aug 22 2014	Reply of petitioners Dart Cherokee Basin Operating Company, LLC, et al. filed. (Distributed)
Oct 7 2014	Argued. For petitioners: Nowell D. Berreth, Atlanta, Ga. For respondent: Rex A. Sharp, Prairie Village, Kan.
Dec 15 2014	Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, and Sotomayor, JJ., joined. Scalia, J., filed a dissenting opinion, in which Kennedy and Kagan, JJ., joined, and in which Thomas, J., joined as to all but the final sentence. Thomas, J., filed a dissenting opinion.
Jan 16 2015	JUDGMENT ISSUED.

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
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Cases argued	43
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Dart Cherokee Basin Operating Company, LLC v. Owens

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Featured Posts

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance – Rory Little

Argument analysis: Justices weigh text and history of 21st Amendment in challenge to state residency requirement for liquor licenses – Amy Howe

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