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Lipschultz v. Charter Advanced Services, LLC

Certiorari Denied

Petition for certiorari denied on October 21, 2019.

Docket No.18-1386
Op. Below8th Cir.

Issue

(1) Whether, in the absence of a Federal Communications Commission decision classifying Voice over Internet Protocol service as an information service, FCC policy can conflict with and pre-empt state regulation of VoIP service; and (2) whether VoIP service is a telecommunications service or an information service, under the appropriate functional test for classification determinations from National Cable & Telecommunications Association v. Brand X Internet Services.

Proceedings & orders timeline

Feb 22, 2019
Application (18A889) to extend the time to file a petition for a writ of certiorari from March 4, 2019 to May 3, 2019, submitted to Justice Gorsuch.
Mar 1, 2019
Application (18A889) granted by Justice Gorsuch extending the time to file until May 3, 2019.
May 1, 2019
Petition for a writ of certiorari filed. (Response due June 3, 2019)
May 22, 2019
Motion to extend the time to file a response from June 3, 2019 to July 3, 2019, submitted to The Clerk.
May 23, 2019
Motion to extend the time to file a response is granted and the time is extended to and including July 3, 2019.
Jun 3, 2019
Brief amicus curiae of National Association of Regulatory Utility Commissioners filed.
Jul 3, 2019
Brief of respondents Charter Advanced Services (MN) LLC, et al. in opposition filed.
Jul 12, 2019
Reply of petitioners Dan M. Lipschultz, et al. filed.
Jul 17, 2019
DISTRIBUTED for Conference of 10/1/2019.
Sep 25, 2019
Rescheduled.
Oct 3, 2019
Letter of October 3, 2019 from counsel for petitioners filed. (Distributed)
Oct 7, 2019
DISTRIBUTED for Conference of 10/11/2019.
Oct 7, 2019
Supplemental brief of respondents Charter Advanced Services (MN) LLC, et al. filed. (Distributed)
Oct 9, 2019
Rescheduled.
Oct 15, 2019
DISTRIBUTED for Conference of 10/18/2019.
Oct 21, 2019
Petition DENIED. Justice Thomas, with whom Justice Gorsuch joins, concurring in the denial of certiorari. The Chief Justice took no part in the consideration or decision of this petition. (Detached Opinion)

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