Decided

No. 21-1326

United States, et al., ex rel. Tracy Schutte, et al. v. SuperValu Inc., et al.

from the United States Court of Appeals for the Seventh Circuit

See other cases from the Seventh Circuit.

Docket Entries

Judgment issued.

Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. VIDED.

Argued. For petitioners: Tejinder Singh, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Carter G. Phillips, Washington, D. C. VIDED.

Reply of petitioners United States ex rel. Tracy Schutte, et al. filed. VIDED. (Distributed)

Supplemental Joint appendix (under seal ) filed. (Distributed)

Brief amici curiae of Advanced Medical Technology Association, Biotechnology Innovation Organization, and Members of The Medical Information Working Group filed. VIDED. (Distributed)

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

Brief amici curiae of Taxpayers' Federation of Illinois; et al. filed. VIDED. (Distributed)

Brief amici curiae of Professional Services Council and International Stability Operations Association filed. VIDED. (Distributed)

Brief amicus curiae of National Association of Chain Drug Stores filed. VIDED. (Distributed)

Amicus brief of American Hospital Association and America’s Health Insurance Plans not accepted for filing. (March 30, 2023)

Brief amicus curiae of CTIA - The Wireless Association, et al. filed. VIDED. (Distributed)

Brief amicus curiae of National Defense Industrial Association, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED. (Distributed)

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

CIRCULATED

Brief of respondents SuperValu, Inc., et al. and Safeway, Inc. filed. VIDED

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument is GRANTED in part, and the time is divided as follows: 20 minutes for petitioners, 10 minutes for the Solicitor General, and 30 minutes for respondents. VIDED.

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

Amicus brief of Taxpayers Against Fraud Education Fund not accepted for filing. (Corrected version to be submitted--March 03, 2023).

Pursuant to the briefing proposal of the parties, the joint appendix and petitioners' brief on the merits are to be filed on or before February 17, 2023; respondents' brief on the merits is to be filed on or before March 21, 2023; and the reply brief is to be filed pursuant to Rule 25.3. VIDED.

Joint briefing proposal of the parties filed. VIDED.

SET FOR ARGUMENT on Tuesday, April 18, 2023. VIDED.

Petition GRANTED. The petition for a writ of certiorari in No. 22-111 is GRANTED. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-1326. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-1326. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

DISTRIBUTED for Conference of 1/13/2023.

DISTRIBUTED for Conference of 1/6/2023.

Supplemental brief of respondents SuperValu, Inc., et al. filed. (Distributed)

Brief amicus curiae of United States filed.

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

DISTRIBUTED for Conference of 9/28/2022.

Reply of petitioners United States ex rel. Tracy Schutte, et al. filed. (Distributed)

Brief of respondents SuperValu, Inc., et al. in opposition filed.

Motion to extend the time to file a response is granted and the time is extended to and including June 21, 2022. See Rule 30.1.

Motion to extend the time to file a response from May 19, 2022 to June 20, 2022, submitted to The Clerk.

Response Requested. (Due May 19, 2022)

DISTRIBUTED for Conference of 4/29/2022.

Waiver of right of respondent SuperValu, Inc., et al. to respond filed.

Petition for a writ of certiorari filed. (Response due May 5, 2022)

Application (21A439) granted by Justice Barrett extending the time to file until April 1, 2022.

Application (21A439) to extend the time to file a petition for a writ of certiorari from March 3, 2022 to April 1, 2022, submitted to Justice Barrett.

Parties

United States ex rel. Tracy Schutte, et al., Petitioner, represented by Julie Webster Popham

United States ex rel. Tracy Schutte, et al., Petitioner, represented by James Andrew Tate

United States ex rel. Tracy Schutte, et al., Petitioner, represented by Tejinder Singh

SuperValu, Inc., et al., Respondent, represented by John Caviness O'Quinn

Amici Curiae

Advanced Medical Technology Association, Biotechnology Innovation Organization, and Members of The Medical Information Working Group, Amicus Curiae, represented by Douglas Harry Hallward-Driemeier

American Hospital Association and America’s Health Insurance Plans, Amicus Curiae, represented by Michael R. Dreeben

Chamber of Commerce of the United States of America, et al., Amicus Curiae, represented by John Patrick Elwood

CTIA - The Wireless Association and USTELECOM - The Broadband Association, Amicus Curiae, represented by Kyle Douglas Hawkins

National Association of Chain Drug Stores, Amicus Curiae, represented by Craig Y. Lee

National Defense Industrial Association and Coalition for Government Procurement, Amicus Curiae, represented by Beth Susan Brinkmann

Professional Services Council and International Stability Operations Association, Amicus Curiae, represented by David William Ogden

Senator Charles E. Grassley, Amicus Curiae, represented by Eric Ross Havian

Taxpayers Against Fraud Education Fund, Amicus Curiae, represented by Jennifer Marie Verkamp

Taxpayers' Federation of Illinois; Council On State Taxation, Amicus Curiae, represented by Christopher Eric Fader

United States, Amicus Curiae, represented by Elizabeth B. Prelogar

Washington Legal Foundation, Amicus Curiae, represented by John Mercer Masslon II

 
Last updated: May 24, 2024