Dietz v. Bouldin

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-458	9th Cir.	Apr 26, 2016 Tr.Aud.	Jun 9, 2016	6-2	Sotomayor	OT 2015

Holding: A federal district court has a limited inherent power to rescind a jury discharge order and recall a jury in a civil case for further deliberations after identifying an error in the jury's verdict. The district court did not abuse that power here.

Judgment: Affirmed, 6-2, in an opinion by Justice Sotomayor on June 9, 2016. Justice Thomas filed a dissenting opinion, in which Justice Kennedy joined.

SCOTUSblog Coverage

Opinion analysis: Federal judges have inherent, limited power to recall a discharged civil jury (Rory Little)
Argument analysis: Pragmatic common-law development of federal “inherent authority”? (Rory Little)
Argument preview: May a federal judge “recall” a jury soon after discharge? (Rory Little)

Date	Proceedings and Orders (key to color coding)
Oct 9 2015	Petition for a writ of certiorari filed. (Response due November 12, 2015)
Oct 21 2015	Order extending time to file response to petition to and including December 14, 2015.
Dec 1 2015	Brief of respondent Hillary Bouldin in opposition filed.
Dec 15 2015	DISTRIBUTED for Conference of January 8, 2016.
Dec 15 2015	Reply of petitioner Rocky Dietz filed. (Distributed)
Jan 11 2016	DISTRIBUTED for Conference of January 15, 2016.
Jan 19 2016	Petition GRANTED.
Feb 29 2016	Joint appendix filed. (Statement of costs filed)
Feb 29 2016	Brief of petitioner Rocky Dietz filed.
Mar 4 2016	SET FOR ARGUMENT ON Tueasday, April 26, 2016
Mar 14 2016	Record requested from U.S.C.A. 9th Circuit.
Mar 15 2016	CIRCULATED.
Mar 30 2016	Brief of respondent Hillary Bouldin filed. (Distributed)
Apr 6 2016	Brief amicus curiae of the United States filed. (Distributed)
Apr 6 2016	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Apr 8 2016	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 15 2016	Reply of petitioner Rocky Dietz filed. (Distributed)
Apr 26 2016	Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Neal K. Katyal, Washington, D. C.; and John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae).
Jun 9 2016	Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Kennedy, J., joined.
Jul 12 2016	JUDGMENT ISSUED

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Dietz v. Bouldin

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Practice Pointer: Digging into DIGs – Kevin Russell

Opinion analysis: The meaning of consent to class arbitration – Charlotte Garden

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