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OTO, L.L.C. v. Kho

Certiorari Denied

Petition for certiorari denied on June 8, 2020.

Docket No.19-875
Op. BelowCal.

Issue

Whether the Federal Arbitration Act preempts a state from invalidating an arbitration agreement as substantively unconscionable on the ground that it provides procedural protections akin to civil litigation, rather than to the streamlined administrative proceeding that would be available under state law in the absence of the agreement.

Proceedings & orders timeline

Nov 4, 2019
Application (19A487) to extend the time to file a petition for a writ of certiorari from November 27, 2019 to January 13, 2020, submitted to Justice Kagan.
Nov 4, 2019
Application (19A487) granted by Justice Kagan extending the time to file until January 13, 2020.
Jan 13, 2020
Petition for a writ of certiorari filed. (Response due February 14, 2020)
Jan 17, 2020
Blanket Consent filed by Petitioner, OTO, L.L.C.
Jan 23, 2020
Waiver of right of respondent Ken Kho to respond filed.
Jan 23, 2020
Blanket Consent filed by Respondent, Ken Kho.
Feb 13, 2020
Brief amici curiae of California New Car Dealers Association filed.
Feb 13, 2020
Brief amicus curiae of Atlantic Legal Foundation filed.
Feb 14, 2020
Brief amicus curiae of The Cato Institute filed.
Feb 14, 2020
Brief amicus curiae of Washington Legal Foundation filed.
Feb 14, 2020
Brief amicus curiae of Civil Justice Association of California filed.
Feb 26, 2020
DISTRIBUTED for Conference of 3/20/2020.
Feb 27, 2020
Response Requested. (Due March 30, 2020)
Mar 11, 2020
Motion of respondent Julia A. Su, California Labor Commissioner to extend the time to file a response from March 30, 2020 to April 29, 2020, submitted to The Clerk.
Mar 11, 2020
Motion of respondent Ken Kho to extend the time to file a response from March 30, 2020 to April 29, 2020, submitted to The Clerk.
Mar 12, 2020
The motions to extend the time to file responses to the petition are granted and the time is extended to and including April 29, 2020, for all respondents.
Apr 29, 2020
Brief of respondent Julie A. Su, California Labor Commissioner in opposition filed.
Apr 29, 2020
Brief of respondent Ken Kho in opposition filed.
May 19, 2020
DISTRIBUTED for Conference of 6/4/2020.
May 19, 2020
Reply of petitioner OTO, L.L.C. filed. (Distributed)
Jun 8, 2020
Petition DENIED.

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