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United States v. Microsoft Corp.

Docket No.17-2
Op. Below2d Cir.
ArgumentFeb 27, 2018

Holding

Judgment vacated and case remanded with instructions first to vacate the district court's contempt finding and its denial of Microsoft's motion to quash, then to direct the district court to dismiss the case as moot.

Judgment

Vacated and remanded, n/a on Apr 17, 2018.

Proceedings & orders timeline

Apr 12, 2017
Application (16A972) to extend the time to file a petition for a writ of certiorari from April 24, 2017 to May 24, 2017, submitted to Justice Ginsburg.
Apr 12, 2017
Application (16A972) granted by Justice Ginsburg extending the time to file until May 24, 2017.
May 12, 2017
Application (16A972) to extend further the time from May 24, 2017 to June 23, 2017, submitted to Justice Ginsburg.
May 15, 2017
Application (16A972) granted by Justice Ginsburg extending the time to file until June 23, 2017.
Jun 23, 2017
Petition for a writ of certiorari filed. (Response due July 27, 2017)
Jul 20, 2017
Order extending time to file response to petition to and including August 28, 2017.
Jul 27, 2017
Brief amici curiae of The States of Vermont, et al. filed.
Aug 28, 2017
Brief of respondent Microsoft Corporation in opposition filed.
Sep 13, 2017
DISTRIBUTED for Conference of 10/6/2017.
Sep 13, 2017
Reply of petitioner United States filed. (Distributed)
Sep 15, 2017
Supplemental brief of respondent Microsoft Corporation filed. (Distributed)
Oct 10, 2017
DISTRIBUTED for Conference of 10/13/2017.
Oct 16, 2017
Petition GRANTED.
Nov 1, 2017
The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 6, 2017.
Nov 1, 2017
The time to file respondent's brief on the merits is extended to and including January 11, 2018.
Nov 9, 2017
Blanket Consent filed by Petitioner, United States
Nov 9, 2017
Blanket Consent filed by respondent, Microsoft Corporation.
Dec 6, 2017
Brief of petitioner United States filed.
Dec 6, 2017
Joint appendix filed.
Dec 13, 2017
Brief amici curiae of Former Law Enforcement, National Security, and Intelligence Officials in support of neither party filed.
Dec 13, 2017
Brief amicus curiae of European Commission on Behalf of the European Union in support of neither party filed.
Dec 13, 2017
Brief amici curiae of Government of the United Kingdom of Great Britain and Northern Ireland in support of neither party filed.
Dec 13, 2017
Brief amici curiae of Electronic Discovery Institute, et al., in support of neither party filed.
Dec 13, 2017
Brief amicus curiae of The New Zealand Privacy Commissioner in support of neither party filed.
Dec 13, 2017
Brief amici curiae of The States of Vermont, et al. filed.
Dec 13, 2017
Brief amicus curiae of Ireland in support of neither party filed.
Dec 13, 2017
Brief amicus curiae of U.N. Special Rapporteur on the Right to Privacy Joseph Cannataci in support of neither partyfiled.
Dec 20, 2017
SET FOR ARGUMENT ON Tuesday, February 27, 2018
Jan 5, 2018
CIRCULATED
Jan 10, 2018
Record requested from the U.S.C.A. 2nd Circuit.
Jan 11, 2018
Brief amici curiae of Bundesverband der Deutschen Industrie e.V., Deutscher Industrie- und Handelskammertag e.V., Ibec clg, Konfederacja Lewiatan, and Mouvement des Enterprises de France filed. (Distributed)
Jan 11, 2018
Brief of respondent Microsoft Corporation filed. (Distributed)
Jan 17, 2018
Record received from the U.S.D.C. Southern District of New York is electronic and located on PACER, with the exception of 1 envelope of Sealed Documents.
Jan 17, 2018
Record received from the U.S.C.A. 2nd Circuit is electronic.
Jan 17, 2018
Brief amicus curiae of 51 Computer Scientists filed. (Distributed)
Jan 17, 2018
Brief amici curiae of Competitive Enterprise Institute, Cato Institute, Reason Foundation, TechFreedom, American Consumer Institute Center for Citizen Research filed. (Distributed)
Jan 18, 2018
Brief amici curiae of Members of Congress filed. (Distributed)
Jan 18, 2018
Brief amicus curiae of Policing Project at New York University School of Law filed. (Distributed)
Jan 18, 2018
Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Jan 18, 2018
Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)
Jan 18, 2018
Brief amici curiae of 12 Business and Consumer Associations filed. (Distributed)
Jan 18, 2018
Brief amici curiae of EU Data Protection and Privacy Scholars filed. (Distributed)
Jan 18, 2018
Brief amici curiae of InternetLab Law and Technology Center filed. (Distributed)
Jan 18, 2018
Brief amici curiae of DIGITALEUROPE, BITKOM, TECH IN France, Syntec Numerique, and Other European National Trade Organizations filed. (Distributed)
Jan 18, 2018
Brief amici curiae of Reporters Committee for Freedom of the Press, et al. filed. (Distributed)
Jan 18, 2018
Brief amici curiae of Brennan Center for Justice at NYU School of Law, et al. filed. (Distributed)
Jan 18, 2018
Brief amici curiae of Fourth Amendment Scholars filed. (Distributed)
Jan 18, 2018
Brief amici curiae of International and Extraterritorial Law Scholars filed. (Distributed)
Jan 18, 2018
Brief amici curiae of Jan Philipp Albrecht, Sophie in ’t Veld, Viviane Reding, Birgit Sippel, and Axel Voss filed. (Distributed)
Jan 18, 2018
Brief amici curiae of Digital Rights Ireland Limited and the Open Rights Group filed. (Distributed)
Jan 18, 2018
Brief amicus curiae of Gesellschaft fur Freiheitsrechte e.V. filed. (Distributed)
Jan 18, 2018
Brief amici curiae of Privacy International, Human and Digital Rights Organizations, and International Legal Scholars filed. (Distributed)
Jan 18, 2018
Brief amicus curiae of European Company Lawyers Association filed. (Distributed)
Jan 18, 2018
Brief amici curiae of Technology Companies filed. (Distributed)
Jan 18, 2018
Brief amicus curiae of International Business Machines Corporation filed. (Distributed)
Jan 18, 2018
Brief amici curiae of Council of Bars and Law Societies of Europe filed. (Distributed)
Feb 12, 2018
Reply of petitioner United States filed. (Distributed)
Feb 27, 2018
Argued. For petitioner: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: E. Joshua Rosenkranz, New York, N. Y.
Mar 23, 2018
Letter of petitioner United States advising the Court of newly enacted legislation filed. (Distributed)
Mar 30, 2018
Motion to vacate the judgment of the Court of Appeals and remand the case with directions to dismiss as moot filed by petitioner United States.
Apr 3, 2018
Response to motion to vacate the judgment of the Court of Appeals and remand the case with directions to dismiss as moot from respondent Microsoft Corporation filed.
Apr 4, 2018
Motion DISTRIBUTED for Conference of 4/20/2018.
Apr 17, 2018
Judgment VACATED and case REMANDED. Opinion per curiam.
May 21, 2018
JUDGMENT ISSUED.
Aug 29, 2018
The record from the U.S.D.C. Southern Dist. of New York has been returned.

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