|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-962||D.C. Cir. _||
Dec 7, 2016
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this case.
Issue: Whether allegations that members of a business association agreed to adhere to the association's rules and possess governance rights in the association, without more, are sufficient to plead the element of conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, as the Court of Appeals held below, or are insufficient, as the Third, Fourth, and Ninth Circuits have held.
|Date||Proceedings and Orders |
|Dec 18 2015||Application (15A654) to extend the time to file a petition for a writ of certiorari from December 27, 2015 to January 27, 2016, submitted to The Chief Justice.|
|Dec 22 2015||Application (15A654) granted by The Chief Justice extending the time to file until January 27, 2016.|
|Jan 27 2016||Petition for a writ of certiorari filed. (Response due February 29, 2016)|
|Feb 11 2016||Order extending time to file response to petition to and including March 30, 2016.|
|Mar 30 2016||Brief of respondents Mary Stoumbos, et al. in opposition filed. VIDED.|
|Apr 11 2016||Reply of petitioners Visa Inc., et al. filed.|
|Apr 13 2016||DISTRIBUTED for Conference of April 29, 2016.|
|May 02 2016||Rescheduled.|
|May 31 2016||DISTRIBUTED for Conference of June 16, 2016.|
|Jun 20 2016||DISTRIBUTED for Conference of June 23, 2016.|
|Jun 27 2016||DISTRIBUTED for Conference of June 27, 2016.|
|Jun 28 2016||Petition GRANTED The petition for a writ of certiorari in No. 15-961 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.|
|Aug 05 2016||The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 1, 2016. VIDED|
|Aug 05 2016||The time to file respondents' briefs on the merits is extended to and including October 17, 2016. VIDED|
|Aug 31 2016||Motion to dispense with printing the joint appendix filed by petitioners Visa Inc., et al. VIDED.|
|Aug 31 2016||Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioners. VIDED|
|Sep 01 2016||Brief of petitioners Visa Inc., et al. filed. VIDED.|
|Sep 08 2016||Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED.|
|Sep 08 2016||Brief amici curiae of American Society of Association Executives, et al. filed. VIDED.|
|Sep 08 2016||Brief amici curiae of Antitrust Law Professors filed. VIDED.|
|Sep 08 2016||Brief amici curiae of Financial Industry Associations filed. VIDED.|
|Oct 03 2016||Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED|
|Oct 17 2016||Brief of Consumer Respondents filed. VIDED.|
|Oct 17 2016||Brief of the Non-Consumer Respondents filed. VIDED.|
|Oct 20 2016||Brief amicus curiae of United States Public Interest Research Group Education Fund, Inc. filed. VIDED.|
|Oct 20 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for respondents.|
|Oct 21 2016||SET FOR ARGUMENT on Wednesday, December 7, 2016. VIDED|
|Oct 24 2016||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.|
|Oct 24 2016||Brief amicus curiae of United States filed. VIDED.|
|Oct 24 2016||Brief amicus curiae of Public Justice, P.C. filed. VIDED.|
|Oct 24 2016||Brief amicus curiae of American Antitrust Institute filed. VIDED. (Distributed)|
|Oct 24 2016||Brief amici curiae of Antitrust- Law Professors and Economists filed. VIDED. (Distributed)|
|Oct 24 2016||Brief amici curiae of National Retail Federation, et al. filed. VIDED. (Distributed)|
|Oct 24 2016||Brief amicus curiae of ATM Industry Association filed. VIDED. (Distributed)|
|Oct 26 2016||CIRCULATED.|
|Nov 01 2016||Record requested from the U.S.C.A. District of Columbia Circuit.|
|Nov 04 2016||Record received from the U.S.D.C. District of Columbia is electronic and located on PACER.|
|Nov 14 2016||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Nov 16 2016||Reply of petitioners Visa Inc., et al. filed. VIDED. (Distributed)|
|Nov 17 2016||Writ of certiorari DISMISSED as improvidently granted. These cases were granted to resolve "[w]hether allegations that members of a business association agreed to adhere to the association's rules and possess governance rights in the association, without more, are sufficient to plead the element of conspiracy in violation of Section 1 of the Sherman Act." Pet. for Cert. in No. 15-961, p. i, and No. 15-962, p. I. After "[h]aving persuaded us to grant certiorari" on this issue, however, petitioners "chose to rely on a different argument" in their merits briefing. City and County of San Francisco v. Sheehan, 575 U. S. __, (2015) (slip op., at 7). The Court, therefore, orders that the writs in these cases be dismissed as improvidently granted. VIDED.|
|Dec 19 2016||JUDGMENT ISSUED.|
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