Decided

No. 05-85

Powerex Corp. v. Reliant Energy Services, Inc., et al.

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

Acknowledgement of receipt (07/23/07) of judgment from Clerk, United States Court of Appeals for the Ninth Circuit received.

Record returned to U.S.D.C. for Southern District of California.

Record returned to U.S.C.A. for the 9th Circuit.

JUDGMENT ISSUED.

Adjudged to be VACATED IN PART, and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C.J., and Kennedy, Souter, Thomas, Ginsburg, and Alito, JJ., joined. Kennedy, J., filed a concurring opinion, in which Alito, J., joined (orders list)

Additional briefs received from U.S.C.A. - 9th Circuit. (1 envelope)

Argued. For petitioner: David C. Frederick, Washington, D.C.; and Douglas Hallward-Driemeier, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For respondents: Leonard B. Simon, San Die

Reply of petitioner Powerex Corp. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

Brief of respondents Plaintiffs-Respondents filed. (Distributed)

Brief amici curiae of Law Professors Arthur R. Miller, Erwin Chemerinsky, Michael E. Solimine, Adam N Steinman, E. Farish Percy, and Rhonda Wasserman filed. (Distributed)

Extension of time within which to file respondents' brief on the merits to and including March 26, 2007.

CIRCULATED.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amicus curiae of United States filed.

Brief amicus curiae of Province of British Columbia filed.

Brief amicus curiae of Government of Canada filed.

Letter from counsel for respondent Reliant Energy Services, Inc. waiving their right to file a brief on the merits.

Record received from U.S.C.A. for 9th Circuit. (1 box)

Letter from counsel for respondents Arizona Electric Power Cooperative, Inc., et al. waiving their right to file a brief on the merits.

Record received from U.S.D.C. for Southern District of California. (2 boxes)

Brief of petitioner Powerex Corp. filed.

Joint appendix filed.

Letter from counsel for respondent PPL Montana, LLC waiving their right to file a brief on the merits.

SET FOR ARGUMENT ON Monday, April 16, 2007.

Motion for leave to file amicus brief filed by Government of Canada GRANTED. (orders list)

Petition GRANTED limited to Question 1 presented by the petition. In addition, the parties are directed to brief and argue the following Question: Whether the court of appeals had jurisdiction to review the district court's remand order, notwithstanding (orders list)

Motion for leave to file amicus brief filed by Province of British Columbia GRANTED. (orders list)

DISTRIBUTED for Conference of January 19, 2007.

DISTRIBUTED for Conference of January 12, 2007.

Response of plaintiffs and respondents to brief of United States as amici curiae filed.

DISTRIBUTED for Conference of December 7, 2006.

Brief amicus curiae of United States filed. VIDED.

The Solicitor General is invited to file a brief in this case expressing the views of the United States.

DISTRIBUTED for Conference of April 14, 2006.

Supplemental brief of plaintiffs and respondents in opposition to petition filed. (Distributed)

DISTRIBUTED for Conference of January 6, 2006.

Reply of petitioner Powerex Corp. filed. (Distributed)

Brief of Plaintiffs and Respondents in opposition filed.

Order extending time to file response to petition to and including December 6, 2005.

Response Requested . (Due October 7, 2005)

DISTRIBUTED for Conference of September 26, 2005.

Motion for leave to file amicus brief filed by Province of British Columbia.

Motion for leave to file amicus brief filed by Government of Canada.

Waiver of right of respondents California, et al. to respond filed.

Waiver of right of respondent MIECO, Inc. to respond filed.

Waiver of right of respondents Sempra Energy Trading, Corp., et al. to respond filed.

Waiver of right of respondents Arizona Electric Power Cooperative, Inc., et al. to respond filed.

Brief of respondent Reliant Energy Services, Inc. in support of the petition filed.

Waiver of right of respondent Morgan Stanley Capital Group Inc. to respond filed.

Waiver of right of respondent Portland General Electric Company to respond filed.

Waiver of right of respondent PPL Montana, LLC to respond filed.

Appendix of Powerex Corp. filed.

Petition for a writ of certiorari filed. (Response due August 17, 2005)

Application (04A985) granted by Justice O'Connor extending the time to file until July 15, 2005.

Application (04A985) to extend further the time from July 1, 2005 to July 31, 2005, submitted to Justice O'Connor.

Application (04A985) granted by Justice O'Connor extending the time to file until July 1, 2005.

Application (04A985) to extend the time to file a petition for a writ of certiorari from June 1, 2005 to July 1, 2005, submitted to Justice O'Connor.

Parties

Powerex Corp., Petitioner, represented by David C. Frederick

Arizona Electric Power Cooperative, Inc., et al., Respondent, represented by Gordon P. Erspamer

California, et al., Respondent, represented by William Bernstein

Hendrick, et al., Respondent, represented by Leonard Bruce Simon

MIECO, Inc., Respondent, represented by Allan E. Ceran

Morgan Stanley Capital Group Inc., Respondent, represented by Jeffrey S. Davidson

Portland General Electric Company, Respondent, represented by William F. Martson

PPL Montana, LLC, Respondent, represented by James R. Atwood

Reliant Energy Services, Inc., Respondent, represented by Terry J. Houlihan

Sempra Energy Trading, Corp., et al., Respondent, represented by Peter Benzian

Amici Curiae

Government of Canada, Amicus Curiae, represented by Margaret K. Pfeiffer

Law Professors Arthur R. Miller, Erwin Chemerinsky, Michael E. Solimine, Adam N Steinman, E. Farish Percy, and Rhonda Wasserman, Amicus Curiae, represented by Brian Wolfman

Powerex Corp. v. Reliant Energy Services, Inc., et al., Amicus Curiae, represented by Douglas Hallward-Driemeier

Province of British Columbia, Amicus Curiae, represented by Roy T. Englert Jr.

United States, Amicus Curiae, represented by Paul D. Clement

 
Last updated: September 20, 2007