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Pacific Gas and Electric Company v. United States

Case dismissed, pursuant to Rule 46, on June 13, 0018

Docket No. Op. Below Argument Opinion Vote Author Term
17-57 Fed. Cir. TBD TBD TBD TBD OT 17

Issue: (1) Whether sales of energy through centralized market exchanges form direct contractual privity between buyers of that energy and the federal agencies selling it, such that the Court of Federal Claims has jurisdiction over a suit to recover overcharges from the federal agencies; and (2) whether petitioners were in privity with the federal power marketing agencies for those sales because the energy exchanges acted as the parties' agents in facilitating their transactions.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/20/2017Application (16A1019) to extend the time to file a petition for a writ of certiorari from May 7, 2017 to July 6, 2017, submitted to The Chief Justice.
05/02/2017Application (16A1019) granted by The Chief Justice extending the time to file until July 6, 2017.
07/06/2017Petition for a writ of certiorari filed. (Response due August 10, 2017)
08/02/2017Order extending time to file response to petition to and including September 11, 2017.
08/08/2017Brief of respondents California, et al. in support filed.
09/11/2017Brief of respondent United States in opposition filed.
09/26/2017Reply of petitioners Pacific Gas and Electric Company, et al. filed.
09/27/2017DISTRIBUTED for Conference of 10/13/2017.
10/12/2017Joint motion to defer consideration of the petition for a writ of certiorari filed by petitioners Pacific Gas & Electric Co., et al. and respondents United States, et al. (Distributed)
10/12/2017Rescheduled.
10/23/2017DISTRIBUTED for Conference of 10/27/2017.
10/30/2017Joint motion to defer consideration of the petition for a writ of certiorari GRANTED.
06/08/2018Motion to dismiss the petition for a writ of certiorari under Rule 46 filed by petitioners.
06/13/2018Consent to the motion to dismiss the petition for a writ of certiorari pursuant to Rule 46 filed by respondent.
06/13/2018Petition Dismissed - Rule 46.