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McLane Co. v. EEOC

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Docket No. Op. Below Argument Opinion Vote Author Term
15-1248 9th Cir. Feb 21, 2017 Apr 3, 2017 7-1 Sotomayor OT 2016

Holding: A district court's decision whether to enforce or quash a subpoena issued by the Equal Employment Opportunity Commission should be reviewed for abuse of discretion, not de novo.

Judgment: Vacated and remanded, 7-1, in an opinion by Justice Sotomayor on April 3, 2017. Justice Ginsburg filed an opinion concurring in part and dissenting in part.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 4 2016Petition for a writ of certiorari filed. (Response due May 6, 2016)
Apr 26 2016Order extending time to file response to petition to and including June 6, 2016.
May 6 2016Brief amicus curiae of Equal Employment Advisory Council filed.
Jun 7 2016Order further extending time to file response to petition to and including July 6, 2016.
Jul 6 2016Brief of respondent Equal Employment Opportunity Commission in opposition filed.
Jul 20 2016DISTRIBUTED for Conference of September 26, 2016.
Jul 20 2016Reply of petitioner McLane Company, Inc. filed. (Distributed)
Sep 29 2016Petition GRANTED limited to Question 1 presented by the petition.
Oct 27 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party, received from counsel for petitioner.
Nov 2 2016Letter from counsel for the respondent filed.
Nov 8 2016Stephen B. Kinnaird, Esquire, of Washington, D.C., is invited to brief and argue this case, as amicus curiae, in support of the position that a district court's decision to quash or enforce an EEOC subpoena is subject to de novo review. Briefs of other amici curiae in support of the judgment below are to be filed within 7 days of the filing of the brief of Court-appointed amicus curiae.
Nov 14 2016The brief of the Court-appointed amicus curiae is to be filed on or before January 10, 2017.
Nov 14 2016Brief of petitioner McLane Company, Inc. filed.
Nov 14 2016Joint appendix filed. Volumes I & II (Statement of costs filed)
Nov 18 2016Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the respondent.
Nov 21 2016Brief amici curiae of Law Professors filed.
Nov 21 2016Brief amici curiae of Equal Employment Advisory Council, et al. filed.
Dec 14 2016Brief of respondent Equal Employment Opportunity Commission filed.
Dec 22 2016SET FOR ARGUMENT on Tuesday, February 21, 2017.
Dec 30 2016Record requested from U.S.C.A. 9th Circuit.
Jan 10 2017Brief of Stephen B. Kinnaird Court-appointed amicus curiae defending the judgment below filed.
Jan 13 2017Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Jan 17 2017CIRCULATED.
Jan 17 2017Motion for allocation of argument time filed by respondent Equal Employment Opportunity Commission.
Jan 19 2017Record received from the U.S.D.C. District of Arizona is electronic and located on PACER. Also received are SEALED documents that are electronic.
Jan 23 2017Motion for allocation of argument time GRANTED.
Feb 8 2017Reply of petitioner McLane Company, Inc. filed. (Distributed)
Feb 9 2017Reply of respondent Equal Employment Opportunity Commission filed. (Distributed)
Feb 21 2017Argued. For petitioner: Allyson N. Ho, Dallas, Tex. For respondent: Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae: Stephen B. Kinnaird, Washington, D. C.
Apr 3 2017Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Breyer, Alito, and Kagan, JJ., joined. Ginsburg, J., filed an opinion concurring in part and dissenting in part.
May 5 2017JUDGMENT ISSUED.