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United Parcel Service Inc. v. New York

Certiorari Denied

Petition for certiorari denied on October 5, 2020.

Docket No.19-1306
Op. Below2nd Cir.

Issue

(1) Whether multiple shipments from different shippers may be aggregated to satisfy the 10,000-cigarette threshold of the Contraband Cigarette Trafficking Act, which prohibits the knowing transportation of "a quantity" of more than 10,000 untaxed cigarettes in the "possession" of unauthorized persons; and (2) whether substantial compliance is a prerequisite to the statutory exemption of the Prevent All Cigarette Trafficking Act of 2009, which exempts the United Parcel Service by name if its tobacco-delivery agreement with New York is "honored" nationwide.

Proceedings & orders timeline

Feb 12, 2020
Application (19A901) to extend the time to file a petition for a writ of certiorari from March 18, 2020 to May 17, 2020, submitted to Justice Ginsburg.
Feb 13, 2020
Application (19A901) granted by Justice Ginsburg extending the time to file until May 17, 2020.
May 15, 2020
Petition for a writ of certiorari filed. (Response due June 19, 2020)
Jun 10, 2020
Motion of the State of New York to extend the time to file a response from June 19, 2020 to July 20, 2020, submitted to The Clerk.
Jun 10, 2020
Motion to extend the time to file a response from June 19, 2020 to July 20, 2020, submitted to The Clerk.
Jun 11, 2020
Motion of the City of New York to extend the time to file a response is granted and the time is extended to and including July 20, 2020.
Jun 11, 2020
Motion to extend the time to file a response is granted and the time is extended to and including July 20, 2020, for all respondents.
Jul 9, 2020
Motion of respondent City of New York to extend the time to file a response from July 20, 2020 to August 3, 2020, submitted to The Clerk.
Jul 9, 2020
Motion to extend the time to file a response is granted and the time is further extended to and including August 3, 2020, for all respondents.
Aug 3, 2020
Brief of respondents State of New York et al. in opposition filed.
Aug 3, 2020
Brief of respondent The City of New York in opposition filed.
Aug 18, 2020
Reply of petitioner United Parcel Service, Inc. filed. (Distributed)
Aug 19, 2020
DISTRIBUTED for Conference of 9/29/2020.
Oct 5, 2020
Petition DENIED.

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