Dart Cherokee Basin Operating Company, LLC v. Owens

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

Opinion analysis: Court stretches to correct anachronistic Tenth Circuit pleading rule (Ronald Mann, December 16, 2014)
Argument analysis: Another one bites the dust, as Justices threaten dismissal of second case from October session (Ronald Mann, October 8, 2014)
Argument preview: Justices to mull pleading standard for removal (Ronald Mann, September 26, 2014)
Court denies case on refusal of gay customers (Lyle Denniston, April 7, 2014)
Petition of the day (Maureen Johnston, April 4, 2014)

Date	Proceedings and Orders (key to color coding)
12/13/2013	Petition for a writ of certiorari filed. (Response due January 16, 2014)
12/19/2013	Waiver of right of respondent Brandon W. Owens to respond filed.
01/08/2014	DISTRIBUTED for Conference of January 24, 2014.
01/08/2014	Response Requested . (Due February 7, 2014)
01/27/2014	Order extending time to file response to petition to and including February 21, 2014.
02/07/2014	Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America.
02/21/2014	Brief of respondent Brandon W. Owens in opposition filed.
03/04/2014	Reply of petitioners Dart Cherokee Basin Operating Company, LLC, et al. filed.
03/12/2014	DISTRIBUTED for Conference of March 28, 2014.
03/31/2014	DISTRIBUTED for Conference of April 4, 2014.
04/07/2014	Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America GRANTED.
04/07/2014	Petition GRANTED.
05/15/2014	Consent to the filing of amicus curiae briefs in support of petitioners received from counsel for petitioners.
05/15/2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
05/21/2014	Motion to dispense with printing the joint appendix filed by Dart Cherokee Basin Operating Company, LLC, et al. v. Brandon W. Owens.
05/22/2014	Brief of petitioners Dart Cherokee Basin Operating Company, LLC, et al. filed.
05/29/2014	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
05/29/2014	Brief amici curiae of Washington Legal Foundation, et al. filed.
05/29/2014	Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
06/02/2014	Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
06/06/2014	The time to file respondent's brief on the merits is extended to and including July 23, 2014.
07/09/2014	Record requested from U.S.C.A. 10th Circuit.
07/15/2014	Record received from U.S.C.A. 10th Circuit is electronic and available on PACER.
07/16/2014	SET FOR ARGUMENT ON Tuesday, October 7, 2014
07/23/2014	Brief of respondent Brandon W. Owens filed.
07/29/2014	Brief amicus curiae of Public Citizen, Inc. filed.
08/07/2014	CIRCULATED.
08/22/2014	Reply of petitioners Dart Cherokee Basin Operating Company, LLC, et al. filed. (Distributed)
10/07/2014	Argued. For petitioners: Nowell D. Berreth, Atlanta, Ga. For respondent: Rex A. Sharp, Prairie Village, Kan.
12/15/2014	Judgment 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.
01/16/2015	JUDGMENT ISSUED.