Decided

No. 06-1457

Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, Washington, et al.

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

Amended JUDGMENT ISSUED.

Motion to retax costs filed by petitioners GRANTED. The Chief Justice took no part in the consideration or decision of this motion. VIDED (orders list)

Motion DISTRIBUTED for Conference of October 10, 2008.

Opposition to motion to retax costs filed by respondents. VIDED

Motion to retax costs filed by petitioner Morgan Stanley Capital Group Inc. VIDED

Acknowledgement of receipt (08/01/08) of judgment from Clerk, United States Court of Appeals for the Ninth Circuit received.

JUDGMENT ISSUED.

Record returned to Federal Energy Regulatory Commission.

Judgment is affirmed and case remanded. Scalia, J., delivered the opinion of the Court, in which Kennedy, Thomas, and Alito, JJ., joined, and in which Ginsburg, J., joined as to Part III. Ginsburg, J., filed an opinion concurring in part and concurr...

Argued. For petitioners: Walter Dellinger, Washington, D.C. For respondent FERC in support of petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. For respondents: Christopher J. Wright, Washington, D.C.

Reply of respondent Federal Energy Regulatory Commission filed. VIDED. (Distributed)

Reply of petitioners Morgan Stanley Capital Group Inc., et al. filed. VIDED. (Distributed)

Writ of certiorari only as to Calpine Energy Services, L.P. dismissed pursuant to Rule 46.

Motion for divided argument filed by respondent GRANTED. The Chief Justice and Justice Breyer took no part in the consideration or decision of this motion. VIDED (orders list)

Brief amicus curiae of Public Utility Law Project of New York, Inc. filed. VIDED. (Distributed)

Brief amicus curiae of AARP filed. VIDED. (Distributed)

Brief amici curiae of Colorado Office of Consumer Counsel, et al. filed. (Distributed) VIDED.

Brief amici curiae of Illinois, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Washington filed. VIDED. (Distributed)

Brief amici curiae of American Public Power Association, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Large Public Power Council filed. VIDED. (Distributed)

Motion for divided argument filed by respondent Federal Energy Regulatory Commission. VIDED.

Brief amici curiae of National Association of Regulatory Utility Commissioners, et al. filed. VIDED. (Distributed)

Motion to dismiss the writ of certiorari only as to Calpine Energy Services, L.P. received.

Record received from the Federal Engergy Regulatory Commission. (12 boxes)

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

Brief of respondent Golden State Water Company filed. VIDED. (Distributed)

Brief of respondents Public Utility District No. 1 of Snohomish County, Washington, et al. filed. VIDED. (Distributed)

Brief of respondents Public Utilities Commission of California, et al. filed. VIDED. (Distributed)

SET FOR ARGUMENT Tuesday, February 19, 2008. VIDED.

CIRCULATED.

Consent to the filing of amicus briefs in support of either or neither party received from counsel for the petitioners in 06-1457. VIDED.

Brief amici curiae of William J. Baumol, et al. filed. VIDED.

Brief amici curiae of Powerex Corp., et al. filed. VIDED.

Brief amici curiae of Electric Power Supply Association, et al. filed. VIDED.

Brief amici curiae of Coral Power L.L.C., et al. filed. VIDED.

Brief amici curiae of International Swaps and Derivatives Association, Inc., et al. filed. VIDED.

Brief of respondent Federal Energy Regulatory Commission in support of petitioners filed. VIDED.

Supplemental joint appendix filed. VIDED.

Brief of petitioner Morgan Stanley Capital Group Inc. filed.

Brief of petitioners Calpine Energy Services, L.P., et al. filed. VIDED.

Joint appendix filed. (Volumes 1-3 ) VIDED. (Statement of Costs filed.)

Consent to the filing of amicus briefs in support of either party, or neither party, received from counsel for respondents California Electricity Oversight Board, and Public Utilities Commission of the State of California. VIDED.

Consent to the filing of amicus briefs in support of either party received from counsel for petitioners in No. 06-1462. VIDED.

Consent to the filing of amicus briefs in support of either party or neither party received from counsel for respondent Mirant Energy Trading LLC. VIDED.

The time within which to file petitioners' brief on the merits is extended to and including November 21, 2007. The time within which to file respondents' brief on the merits is extended to and including January 7, 2008. A reply brief, if any, is to ...

Petition GRANTED. The case is consolidated with No. 06-1462 and a total of one hour is allotted for oral argument. The brief of petitioners is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, November 5, 2007.... (orders list)

Motion disqualification of counsel DENIED. The Chief Justice and Justice Breyer took no part in the consideration or decision of this motion. (orders list)

DISTRIBUTED for Conference of September 24, 2007.

Reply of petitioner Morgan Stanley Capital Group Inc. filed. (Distributed)

Brief amici curiae of Electric Power Supply Association, et al. filed. VIDED.

Brief of respondents Public Utility District No. 1 of Snohomish County, Washington, et al. in opposition filed. VIDED.

Brief amicus curiae of International Swaps and Derivatives Association, Inc. filed. VIDED.

Brief of respondents Public Utilities Commission of California, and California Electricity Oversight Board in opposition filed. VIDED.

Brief of respondent Federal Energy Regulatory Commission in opposition filed. VIDED.

Brief amicus curiae of International Swaps and Derivatives Association,Inc. filed. VIDED.

Brief amicus curiae of Interstate Natural Gas Association of America filed. VIDED.

Brief amicus curiae of Canadian Electricity Association filed. VIDED.

Brief amicus curiae of Natural Gas Supply Association filed. VIDED.

Brief amicus curiae of Interstate Natural Gas Association of America filed. VIDED.

Consent to the filing of amicus briefs in suport of either party received from counsel for the respondents. VIDED.

Application (06A1237) denied by Justice Kennedy.

Order further extending time to file response to petition to and including August 6, 2007, for all respondents.

Application (06A1237) to file a consolidated brief in opposition to the petition for a writ of certiorari in excess of page limits, submitted to Justice Kennedy.

Reply to opposition to motion for disqualification of counsel filed by Golden State Water Company.

Consent to the filing of amicus briefs in support of either party, or neither party received from counsel for Mirant Energy Trading LLC.

Response to motion from O'Melveny & Myers LLP filed.

Brief of respondent Mirant Energy Trading LLC in support filed. VIDED.

Order extending time to file response to petition to and including July 5, 2007, for all respondents.

Petition for a writ of certiorari filed. (Response due June 4, 2007)

Appendix of Morgan Stanley Capital Group Inc. filed.

Order extending time to file response to motion to and including May 30, 2007.

Motion for disqualification of counsel filed by Golden State Water Company. (Distributed)

Application (06A857) granted by Justice Kennedy extending the time to file until May 3, 2007.

Application (06A857) to extend the time to file a petition for a writ of certiorari from March 19, 2007 to May 3, 2007, submitted to Justice Kennedy.

Parties

American Electric Power Service Corp., et al., Petitioner, represented by Donald B. Ayer

Morgan Stanley Capital Group Inc., Petitioner, represented by Walter Dellinger

Morgan Stanley Capital Group Inc., Petitioner, represented by Walter Dellinger III

Federal Energy Regulatory Commission, Respondent, represented by Gregory G. Garre

Federal Energy Regulatory Commission, Respondent, represented by Paul D. Clement

Golden State Water Co., Respondent, represented by Randolph Lee Elliott

Mirant Energy Trading LLC, Respondent, represented by Richard P. Bress

Mirant Energy Trading L.L.C., Respondent, represented by Richard P. Bress

Public Utilities Commission of California, et al., Respondent, represented by William J. Kayatta Jr.

Public Utility District No. 1 of Snohomish County, Washington, et al., Respondent, represented by Christopher J. Wright

Amici Curiae

AARP, Amicus Curiae, represented by Barbara A. Jones

American Public Power Association, et al., Amicus Curiae, represented by Scott H. Strauss

Canadian Electricity Association, Amicus Curiae, represented by David C. Frederick

(Canadian Electricity Association) Powerex Corp., et al., Amicus Curiae, represented by David C. Frederick

Colorado Office of Consumer Counsel, et al., Amicus Curiae, represented by Lynn Norton Hargis

Electric Power Supply Association, et al., Amicus Curiae, represented by Kenneth W. Starr

Golden State Water Company, Amicus Curiae, represented by Randolph Lee Elliott

Illinois, et al., Amicus Curiae, represented by Michael A. Scodro

International Swaps and Derivatives Association, Inc., Amicus Curiae, represented by Roy T. Englert Jr.

Internationa Swaps and Derivatives Association, Inc., Amicus Curiae, represented by Roy T. Englert Jr.

Interstate Natural Gas Association of America, Amicus Curiae, represented by Henry S. May Jr.

Large Public Power Council, Amicus Curiae, represented by Jonathan D. Schneider

National Association of Regulatory Utility Commsioners, et al., Amicus Curiae, represented by James Bradford Ramsay

Natural Gas Supply Association, Amicus Curiae, represented by Robert R. Gasaway

O'Melveny & Myers LLP, Amicus Curiae, represented by Miguel A. Estrada

O'Melveny & Myers LLP, Amicus Curiae, represented by Theodore B. Olson

Public Utility Law Project of New York, Inc., Amicus Curiae, represented by Gerald A. Norlander

Washington, Amicus Curiae, represented by Jeffrey D. Goltz

William J. Baumol, et al., Amicus Curiae, represented by John N. Estes III

 
Last updated: November 7, 2011