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Gallardo v. Marstiller

Docket No.20-1263
Op. Below11th Cir.
ArgumentJan 10, 2022

Holding

The Medicaid Act permits a state to seek reimbursement from settlement payments allocated for future medical care.

Judgment

Affirmed, 7-2, in an opinion by Clarence Thomas on Jun 6, 2022. Justice Sotomayor filed a dissenting opinion in which Justice Breyer joined.

Proceedings & orders timeline

Mar 9, 2021
Petition for a writ of certiorari filed. (Response due April 12, 2021)
Mar 24, 2021
Motion to extend the time to file a response from April 12, 2021 to May 27, 2021, submitted to The Clerk.
Mar 25, 2021
Motion to extend the time to file a response is granted and the time is extended to and including May 27, 2021.
May 20, 2021
Motion to extend the time to file a response from May 27, 2021 to July 26, 2021, submitted to The Clerk.
May 20, 2021
Response to motion from petitioner Gianinna Gallardo filed.
May 21, 2021
Motion to extend the time to file a response is granted in part and the time is extended to and including June 1, 2021.
May 25, 2021
Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
Jun 1, 2021
Response to petition from respondent Simone Marstiller filed.
Jun 7, 2021
Reply of petitioner Gianinna Gallardo filed. (Distributed)
Jun 8, 2021
DISTRIBUTED for Conference of 6/24/2021.
Jul 1, 2021
DISTRIBUTED for Conference of 7/1/2021.
Jul 2, 2021
Petition GRANTED.
Jul 23, 2021
Motion for an extension of time to file the briefs on the merits filed.
Jul 28, 2021
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 15, 2021. The time to file respondent's brief on the merits is extended to and including November 15, 2021.
Sep 15, 2021
Brief of petitioner Gianinna Gallardo filed.
Sep 15, 2021
Joint appendix filed. (Statement of costs filed)
Sep 22, 2021
Brief amicus curiae of United States filed.
Sep 22, 2021
Brief amici curiae of American Association for Justice and Florida Justice Association filed.
Sep 22, 2021
Brief amicus curiae of American Academy of Physician Life Care Planners in Support of Neither Party filed.
Nov 15, 2021
Brief of respondent Simone Marstiller filed.
Nov 17, 2021
ARGUMENT SET FOR Monday, January 10, 2022.
Nov 17, 2021
Record requested from the U.S.C.A. 11th Circuit
Nov 17, 2021
The record from the 11th Circuit is electronic and located on Pacer.
Nov 18, 2021
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Nov 22, 2021
Brief amici curiae of National Conference of State Legislatures, et al. filed.
Nov 22, 2021
Brief amici curiae of States of Utah, Ohio, and 12 Other States filed.
Dec 6, 2021
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Dec 8, 2021
CIRCULATED
Dec 15, 2021
Reply of petitioner Gianinna Gallardo filed. (Distributed)
Jan 10, 2022
Argued. For petitioner: Bryan S. Gowdy, Jacksonville, Fla.; and Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Henry C. Whitaker, Solicitor General, Tallahassee, Fla.
Jun 6, 2022
Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Kagan, Gorsuch, Kavanaugh and Barrett, JJ., joined. Sotomayor, J., filed dissenting opinion in which, Breyer, J., joined.
Jul 8, 2022
JUDGMENT ISSUED

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