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McLane Co. v. EEOC

Docket No.15-1248
Op. Below9th Cir.
ArgumentFeb 21, 2017

Holding

A district court's decision whether to enforce or quash a subpoena issued by the Equal Employment Opportunity Commission should be reviewed for abuse of discretion, not de novo.

Judgment

Vacated and remanded, 7-1, in an opinion by Sonia Sotomayor on Apr 3, 2017. Justice Ginsburg filed an opinion concurring in part and dissenting in part.

Proceedings & orders timeline

Apr 4, 2016
Petition for a writ of certiorari filed. (Response due May 6, 2016)
Apr 26, 2016
Order extending time to file response to petition to and including June 6, 2016.
May 6, 2016
Brief amicus curiae of Equal Employment Advisory Council filed.
Jun 7, 2016
Order further extending time to file response to petition to and including July 6, 2016.
Jul 6, 2016
Brief of respondent Equal Employment Opportunity Commission in opposition filed.
Jul 20, 2016
DISTRIBUTED for Conference of September 26, 2016.
Jul 20, 2016
Reply of petitioner McLane Company, Inc. filed. (Distributed)
Sep 29, 2016
Petition GRANTED limited to Question 1 presented by the petition.
Oct 27, 2016
Consent to the filing of amicus curiae briefs in support of either party or of neither party, received from counsel for petitioner.
Nov 2, 2016
Letter from counsel for the respondent filed.
Nov 8, 2016
Stephen B. Kinnaird, Esquire, of Washington, D.C., is invited to brief and argue this case, as amicus curiae, in support of the position that a district court's decision to quash or enforce an EEOC subpoena is subject to de novo review. Briefs of other amici curiae in support of the judgment below are to be filed within 7 days of the filing of the brief of Court-appointed amicus curiae.
Nov 14, 2016
The brief of the Court-appointed amicus curiae is to be filed on or before January 10, 2017.
Nov 14, 2016
Brief of petitioner McLane Company, Inc. filed.
Nov 14, 2016
Joint appendix filed. Volumes I & II (Statement of costs filed)
Nov 18, 2016
Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the respondent.
Nov 21, 2016
Brief amici curiae of Law Professors filed.
Nov 21, 2016
Brief amici curiae of Equal Employment Advisory Council, et al. filed.
Dec 14, 2016
Brief of respondent Equal Employment Opportunity Commission filed.
Dec 22, 2016
SET FOR ARGUMENT on Tuesday, February 21, 2017.
Dec 30, 2016
Record requested from U.S.C.A. 9th Circuit.
Jan 10, 2017
Brief of Stephen B. Kinnaird Court-appointed amicus curiae defending the judgment below filed.
Jan 13, 2017
Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Jan 17, 2017
CIRCULATED.
Jan 17, 2017
Motion for allocation of argument time filed by respondent Equal Employment Opportunity Commission.
Jan 19, 2017
Record received from the U.S.D.C. District of Arizona is electronic and located on PACER. Also received are SEALED documents that are electronic.
Jan 23, 2017
Motion for allocation of argument time GRANTED.
Feb 8, 2017
Reply of petitioner McLane Company, Inc. filed. (Distributed)
Feb 9, 2017
Reply of respondent Equal Employment Opportunity Commission filed. (Distributed)
Feb 21, 2017
Argued. For petitioner: Allyson N. Ho, Dallas, Tex. For respondent: Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae: Stephen B. Kinnaird, Washington, D. C.
Apr 3, 2017
Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Breyer, Alito, and Kagan, JJ., joined. Ginsburg, J., filed an opinion concurring in part and dissenting in part.
May 5, 2017
JUDGMENT ISSUED.

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