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OTO, L.L.C. v. Kho

Petition for certiorari denied on June 8, 2020

Docket No. Op. Below Argument Opinion Vote Author Term
19-875 Cal. N/A N/A N/A N/A OT 2019

Issue: Whether the Federal Arbitration Act preempts a state from invalidating an arbitration agreement as substantively unconscionable on the ground that it provides procedural protections akin to civil litigation, rather than to the streamlined administrative proceeding that would be available under state law in the absence of the agreement.

DateProceedings and Orders (key to color coding)
11/04/2019Application (19A487) to extend the time to file a petition for a writ of certiorari from November 27, 2019 to January 13, 2020, submitted to Justice Kagan.
11/04/2019Application (19A487) granted by Justice Kagan extending the time to file until January 13, 2020.
01/13/2020Petition for a writ of certiorari filed. (Response due February 14, 2020)
01/17/2020Blanket Consent filed by Petitioner, OTO, L.L.C.
01/23/2020Waiver of right of respondent Ken Kho to respond filed.
01/23/2020Blanket Consent filed by Respondent, Ken Kho.
02/13/2020Brief amici curiae of California New Car Dealers Association filed.
02/13/2020Brief amicus curiae of Atlantic Legal Foundation filed.
02/14/2020Brief amicus curiae of The Cato Institute filed.
02/14/2020Brief amicus curiae of Washington Legal Foundation filed.
02/14/2020Brief amicus curiae of Civil Justice Association of California filed.
02/26/2020DISTRIBUTED for Conference of 3/20/2020.
02/27/2020Response Requested. (Due March 30, 2020)
03/11/2020Motion of respondent Julia A. Su, California Labor Commissioner to extend the time to file a response from March 30, 2020 to April 29, 2020, submitted to The Clerk.
03/11/2020Motion of respondent Ken Kho to extend the time to file a response from March 30, 2020 to April 29, 2020, submitted to The Clerk.
03/12/2020The motions to extend the time to file responses to the petition are granted and the time is extended to and including April 29, 2020, for all respondents.
04/29/2020Brief of respondent Julie A. Su, California Labor Commissioner in opposition filed.
04/29/2020Brief of respondent Ken Kho in opposition filed.
05/19/2020DISTRIBUTED for Conference of 6/4/2020.
05/19/2020Reply of petitioner OTO, L.L.C. filed. (Distributed)
06/08/2020Petition DENIED.