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Sprint Communications Company v. Jacobs

Docket No.12-815
Op. Below8th Cir.
ArgumentNov 5, 2013

Holding

Sprint"s lawsuit against members of the Iowa Utilities Board, seeking a declaration that the Telecommunications Act of 1996 preempted a decision by the IUB holding that intrastate fees applied to long-distance Voice over Internet Protocol calls, does not fall within any of the three classes of exceptional cases for which Younger abstention is appropriate; federal court abstention is not in order simply because a pending state-court proceeding involves the same subject matter.

Judgment

Reversed, 9-0, in an opinion by Ruth Bader Ginsburg on Dec 10, 2013.

Issue: Whether the Eighth Circuit erred by concluding that”Younger”abstention is warranted not only when there is a related state proceeding that is “coercive” but also when there is a related state proceeding that is, instead, “remedial.”

Proceedings & orders timeline

Nov 14, 2012
Application (12A499) to extend the time to file a petition for a writ of certiorari from December 3, 2012 to January 17, 2013, submitted to Justice Alito.
Nov 19, 2012
Application (12A499) granted by Justice Alito extending the time to file until January 2, 2013.
Jan 2, 2013
Petition for a writ of certiorari filed. (Response due February 4, 2013)
Jan 2, 2013
Appendix of Sprint Communications Company, L.P. filed.
Jan 24, 2013
Order extending time to file response to petition to and including March 6, 2013.
Mar 6, 2013
Brief of respondents Elizabeth S. Jacobs, et al. in opposition filed.
Mar 19, 2013
Reply of petitioner Sprint Communications Company, L.P. filed.
Mar 20, 2013
DISTRIBUTED for Conference of April 12, 2013.
Apr 15, 2013
Petition GRANTED.
Apr 30, 2013
The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 28, 2013.
Apr 30, 2013
The time to file respondents' brief on the merits is extended to and including August 27, 2013.
Jun 25, 2013
Blanket consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner and counsel for the respondents.
Jun 28, 2013
Joint appendix filed. (Statement of costs filed.)
Jun 28, 2013
Brief of petitioner Sprint Communications Company, L.P. filed.
Jul 3, 2013
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jul 5, 2013
Brief amicus curiae of CTIA - The Wireless Association filed.
Jul 5, 2013
Brief amici curiae of Law Professors filed.
Jul 31, 2013
Updated Rule 29.6 disclosure received from counsel for the petitioner. (Distributed)
Aug 19, 2013
CIRCULATED.
Aug 20, 2013
SET FOR ARGUMENT on Tuesday, November 5, 2013.
Aug 27, 2013
Brief of respondents Elizabeth S. Jacobs, et al. filed. (Distributed)
Sep 3, 2013
Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)
Sep 3, 2013
Brief amici curiae of Michigan and 21 Other States filed. (Distributed)
Sep 3, 2013
Brief amicus curiae of Iowa Office of Consumer Advocate filed. (Distributed)
Sep 13, 2013
Proposal of counsel for respondents to lodge copies of the "Complaint and Request For Emergency Relief" filed with the Iowa Utilities Board.
Sep 13, 2013
Record received from U.S.C.A. for 8th Circuit. (1 box)
Sep 13, 2013
Record from U.S.D.C. for Southern District of Iowa is electronic and located on PACER.
Sep 26, 2013
Reply of petitioner Sprint Communications Company, Inc. filed. (Distributed)
Oct 4, 2013
Joint supplemental brief filed. (Distributed)
Nov 5, 2013
Argued. For petitioner: Timothy J. Simeone, Washington, D. C. For respondents: David J. Lynch, Des Moines, Iowa.
Dec 10, 2013
Judgment REVERSED. Ginsburg, J., delivered the opinion for a unanimous Court.
Jan 13, 2014
JUDGMENT ISSUED.
Jan 15, 2014
Record from U.S.C.A. 8th Circuit has been returned.

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