Frank v. Gaos

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-961	9th Cir.	Oct 31, 2018	Mar 20, 2019	N/A	Per Curiam	OT 2018

Holding: This class action settlement case is remanded for the courts below to address the plaintiffs" standing in light of Spokeo, Inc. v. Robins.

Judgment: Vacated and remanded in a per curiam opinion on March 20, 2019. Justice Thomas filed a dissenting opinion.

SCOTUSblog Coverage

A "view" from the courtroom: Trials of Mississippi (Mark Walsh, March 20, 2019)
Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements (Ronald Mann, March 20, 2019)
OT2018 #7: "Now Who's the Legal Realist?" (First Mondays, November 12, 2018)
Justices call for additional briefs in dispute about "cy pres" class-action settlements (Ronald Mann, November 7, 2018)
Argument analysis: Justices skeptical of "cy pres" class-action settlements (Ronald Mann, November 1, 2018)
OT2018 #5: "Arbitration Nation" (First Mondays, October 31, 2018)
Argument preview: Justices to consider propriety of "cy pres" class-action settlements (Ronald Mann, October 24, 2018)
OT2018 #0: "Looks A Lot Like Grift" (First Mondays, September 24, 2018)
OT2017 #24: "Kudos To Whoever Did This" (First Mondays, May 7, 2018)
Justices add three new cases to next term's docket (Amy Howe, April 30, 2018)

Date	Proceedings and Orders (key to color coding)
01/03/2018	Petition for a writ of certiorari filed. (Response due February 7, 2018)
01/23/2018	Motion to extend the time to file a response from February 7, 2018 to March 9, 2018, submitted to The Clerk.
01/24/2018	Motion to extend the time to file a response is granted and the time is extended to and including March 9, 2018, for all respondents.
02/07/2018	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
02/07/2018	Brief amicus curiae of Cato Institute filed.
02/07/2018	Brief amicus curiae of Center for Individual Rights filed.
02/07/2018	Brief amici curiae of Attorney General of Arizona, et al. filed.
03/09/2018	Brief of respondent Google LLC in opposition filed.
03/09/2018	Brief of respondents Paloma Gaos, et al. in opposition filed.
03/22/2018	Reply of petitioners Theodore H. Frank, et al. filed.
03/28/2018	DISTRIBUTED for Conference of 4/13/2018.
04/16/2018	DISTRIBUTED for Conference of 4/20/2018.
04/23/2018	DISTRIBUTED for Conference of 4/27/2018.
04/30/2018	Petition GRANTED.
05/03/2018	Motion for an extension of time filed.
05/15/2018	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 9, 2018. The time to file respondents' briefs on the merits is extended to and including August 29, 2018.
07/02/2018	Joint appendix filed. (Statement of costs filed)
07/09/2018	Brief of petitioners Theodore H. Frank, et al. filed.
07/12/2018	Amicus brief of Cato Institute not accepted for filing. (July 12, 2018)
07/12/2018	Brief amici curiae of Cato Institute and Americans for Prosperity filed.
07/13/2018	Brief amici curiae of Center for Constitutional Jurisprudence and Atlantic Legal Foundation filed.
07/13/2018	Brief amicus curiae of Former Professor Roy A. Katriel in support of neither party filed.
07/13/2018	Brief amicus curiae of Lawyers for Civil Justice filed.
07/16/2018	Amicus brief of American Bar Association not accepted for filing. (July 17, 2018 - Brief does not comply with Rules 33 & 34. To be reprinted.)
07/16/2018	Brief amicus curiae of Electronic Privacy Information Center filed.
07/16/2018	Brief amicus curiae of American Bar Association in support of neither party filed.
07/16/2018	Brief amicus curiae of United States in support of neither party filed.
07/16/2018	Brief amici curiae of Attorneys General of Arizona, et al. filed.
07/16/2018	Brief amici curiae of David Lowrey, et al. filed.
07/16/2018	Brief amicus curiae of New Jersey Civil Justice Institute filed.
07/16/2018	Brief amicus curiae of Manhattan Institute for Policy Research filed.
07/16/2018	Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
07/16/2018	Brief amicus curiae of Center for Individual Rights filed.
08/20/2018	SET FOR ARGUMENT on Wednesday, October 31, 2018
08/29/2018	Brief of respondents Paloma Gaos, et al. filed.
08/29/2018	Brief of respondent Google LLC filed.
09/04/2018	Motion for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument filed by Former Professor Roy A. Katriel.
09/05/2018	Amicus brief of Professor William B. Rubenstein not accepted for filing. (Resubmitted with all required documentation - September 05, 2018)
09/05/2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
09/05/2018	Brief amicus curiae of Center for Workplace Compliance filed.
09/05/2018	Brief amici curiae of States of Oregon, et al. filed.
09/05/2018	Brief amici curiae of The Center for Democracy and Technology, et al. filed.
09/05/2018	Brief amicus curiae of American Association for Justice filed.
09/05/2018	Brief amicus curiae of Professor William B. Rubenstein filed.
09/05/2018	Brief amici curiae of Computer & Communications Industry Association and TechNet filed.
09/05/2018	Brief amici curiae of Legal Aid Organizations filed.
09/05/2018	Brief amici curiae of Law Professors filed.
09/05/2018	Brief amicus curiae of Civil Justice Research Initiative filed.
09/05/2018	Brief amicus curiae of Spectrum Settlement Recovery, LLC filed.
09/05/2018	Brief amici curiae of The New York Bar Foundation and The New York State Bar Association filed.
09/05/2018	Brief amici curiae of Public Citizen, Inc. and Public Citizen Foundation filed.
09/05/2018	Amicus brief of National Consumer Law Center, et al. not accepted for filing. (Corrected brief to be resubmitted - September 10, 2018)
09/05/2018	Joint motion for divided argument filed by respondents.
09/05/2018	Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed)
09/07/2018	Opposition of petitioners to motion of Former Professor Roy A. Katriel for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument filed.
09/07/2018	Application (18A242) to file a reply brief on the merits in excess of the word limit, submitted to The Chief Justice.
09/10/2018	Record requested from the U.S.C.A. 9th Circuit.
09/11/2018	Application (18A242) to file a reply brief on the merits in excess of the word limit granted in part by The Chief Justice. Petitioners' reply brief on the merits may not exceed 7,000 words.
09/12/2018	CIRCULATED
09/28/2018	Reply of petitioners Theodore H. Frank, et al. filed. (Distributed)
10/01/2018	Joint motion for divided argument filed by respondents GRANTED.
10/01/2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/01/2018	Motion for leave to participate in oral argument as amicus curiae and for divided argument filed by Former Professor Roy A. Katriel DENIED.
10/23/2018	Supplemental brief of petitioners Theodore H. Frank, et al. filed. (Distributed)
10/29/2018	Supplemental brief of respondents Paloma Gaos, et al. filed. (Distributed)
10/31/2018	Argued. For petitioners: Theodore H. Frank, Washington, D. C. For United States, as amicus curiae: Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent Google LLC: Andrew J. Pincus, Washington, D. C. For respondents Gaos, et al.; Jeffrey A. Lamken, Washington, D. C.
11/06/2018	The parties and the Solicitor General are directed to file supplemental briefs addressing whether any named plaintiff has standing such that the federal courts have Article III jurisdiction over this dispute. The briefs, not to exceed 6,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, November 30, 2018. Reply briefs, not to exceed 3,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 21, 2018.
11/19/2018	Motion for an extension of time to file the supplemental briefs and replies filed.
11/20/2018	Motion to extend the time to file the supplemental briefs and replies denied
11/29/2018	Supplemental brief of petitioners filed. (Distributed)
11/30/2018	Supplemental brief of respondent Google LLC filed. (Distributed)
11/30/2018	Supplemental brief of respondents Paloma Gaos, et al. filed. (Distributed)
11/30/2018	Supplemental brief of United States as amicus curiae in support of neither party filed. (Distributed)
12/21/2018	Supplemental reply brief of petitioners filed. (Distributed)
12/21/2018	Supplemental reply brief of respondents Paloma Gaos, et al. filed. (Distributed)
12/21/2018	Supplemental reply brief of respondent Google LLC filed. (Distributed)
12/21/2018	Supplemental reply brief of United States as amicus curiae supporting neither party filed. (Distributed)
03/20/2019	Judgment VACATED and case REMANDED. Opinion per curiam. Thomas, J., filed a dissenting opinion.
04/22/2019	JUDGMENT ISSUED.