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Dart Cherokee Basin Operating Company, LLC v. Owens

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Docket No. Op. Below Argument Opinion Vote Author Term
13-719 10th Cir. Oct 7, 2014 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

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