DOCKET for CEI v. DOT, Apr 28, 2016-Jul 21, 2017

July 21, 2017 8:35 pm by Gene Borio

EXCERPT:

07/21/2017

OPINION [1685254] filed (Pages: 17) for the Court by Judge Randolph, CONCURRING OPINION (Pages: 1) by Judge Kavanaugh, DISSENTING OPINION (Pages: 5) by Judge Ginsburg. [16-1128]

END EXCERPT

FULL TEXT:

General Docket

United States Court of Appeals for District of Columbia Circuit

Court of Appeals Docket #: 16-1128

Docketed: 04/28/2016

Competitive Enterprise Inst., et al v. DOT, et al

Appeal From: Department of Transportation

Fee Status: Fee Paid

Case Type Information:

1) Petition for Review

2) Review

3)

Competitive Enterprise Institute; Consumer Advocates for Smokefree Alternatives Association; Gordon Cummings,

Petitioners

v.

United States Department of Transportation; Anthony Foxx, in his official capacity as Secretary of the U.S. Department of Transportation,

Respondents

04/28/2016

PETITION FOR REVIEW CASE docketed. [16-1128]

04/28/2016

19 pg, 2.27 MB

PETITION FOR REVIEW [1610924] filed by Competitive Enterprise Institute, Consumer Advocates for Smokefree Alternatives Association and Gordon Cummings of a decision by federal agency [Service Date: 04/28/2016 ] Disclosure Statement: Attached; Certificate of Parties: Not Applicable to this Filing. [16-1128]

04/28/2016

1 pg, 38.7 KB

CERTIFIED COPY [1610926] of Petition for Review sent to respondent [1610924-2] [16-1128]

04/28/2016

2 pg, 44.89 KB

CLERK’S ORDER [1610927] filed directing party to file initial submissions: PETITIONER docketing statement due 05/31/2016. PETITIONER certificate as to parties due 05/31/2016. PETITIONER statement of issues due 05/31/2016. PETITIONER underlying decision due 05/31/2016. PETITIONER deferred appendix statement due 05/31/2016. PETITIONER procedural motions due 05/31/2016. PETITIONER dispositive motions due 06/13/2016; directing party to file initial submissions: RESPONDENT entry of appearance due 05/31/2016. RESPONDENT procedural motions due 05/31/2016. RESPONDENT certified index to record due 06/13/2016. RESPONDENT dispositive motions due 06/13/2016 [16-1128]

05/23/2016

2 pg, 16 KB

ENTRY OF APPEARANCE [1614503] filed by Tara S. Morrissey and co-counsel Matthew M. Collette on behalf of Respondents Anthony Foxx and DOT. [16-1128] (Morrissey, Tara)

05/31/2016

6 pg, 455.39 KB

DOCKETING STATEMENT [1615787] filed by Competitive Enterprise Institute, Consumer Advocates for Smokefree Alternatives Association and Gordon Cummings [Service Date: 05/31/2016 ] [16-1128] (Bader, Hans)

05/31/2016

3 pg, 30.06 KB

STATEMENT OF ISSUES [1615789] filed by Competitive Enterprise Institute, Consumer Advocates for Smokefree Alternatives Association and Gordon Cummings [Service Date: 05/31/2016 ] [16-1128] (Bader, Hans)

05/31/2016

2 pg, 18.85 KB

STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1615792] filed by Competitive Enterprise Institute, Consumer Advocates for Smokefree Alternatives Association and Gordon Cummings [Service Date: 05/31/2016 ] Intent: AppxDeferred [16-1128] (Bader, Hans)

05/31/2016

4 pg, 36.31 KB

CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1615793] filed by Competitive Enterprise Institute, Consumer Advocates for Smokefree Alternatives Association and Gordon Cummings [Service Date: 05/31/2016 ] [16-1128] (Bader, Hans)

05/31/2016

14 pg, 150.44 KB

UNDERLYING DECISION IN CASE [1615794] submitted by Competitive Enterprise Institute, Consumer Advocates for Smokefree Alternatives Association and Gordon Cummings [Service Date: 05/31/2016 ] [16-1128] (Bader, Hans)

06/13/2016

177 pg, 99.97 MB

CERTIFIED INDEX TO RECORD [1618868] filed by Anthony Foxx and DOT [Service Date: 06/13/2016 ] [16-1128] (Morrissey, Tara)

06/27/2016

3 pg, 87.49 KB

CLERK’S ORDER [1621954] filed setting briefing schedule: PETITIONER Brief due 08/08/2016. RESPONDENT Brief due on 09/07/2016. PETITIONER Reply Brief due 09/21/2016. DEFERRED APPENDIX due 09/28/2016. Final Briefs due 10/12/2016. [16-1128]

08/08/2016

INCORRECT DOCKET ENTRY-DISREGARD-corrected brief to be filed-PETITIONER BRIEF [1629236] filed by Competitive Enterprise Institute, Consumer Advocates for Smokefree Alternatives Association and Gordon Cummings [Service Date: 08/08/2016 ] Length of Brief: 13,811 words. [16-1128]–[Edited 08/09/2016 by LMC] (Bader, Hans)

08/09/2016

95 pg, 2.75 MB

CORRECTED PETITIONER BRIEF [1629261] filed by Competitive Enterprise Institute, Consumer Advocates for Smokefree Alternatives Association and Gordon Cummings [Service Date: 08/09/2016 ] Length of Brief: 13,811 words. [16-1128] (Bader, Hans)

08/11/2016

4 pg, 88.25 KB

UNOPPOSED MOTION [1629754] filed by Anthony Foxx and DOT to extend time to file brief to 10/07/2016. [Service Date: 08/11/2016 ] Pages: 1-10. [16-1128] (Morrissey, Tara)

08/12/2016

1 pg, 40.1 KB

CLERK’S ORDER [1630074] filed granting respondents’ unopposed motion to extend time [1629754-2], The following revised briefing schedule will now apply: RESPONDENT Brief due on 10/07/2016. PETITIONER Reply Brief due 10/21/2016. DEFERRED APPENDIX due 10/28/2016. Final Briefs due 11/14/2016. [16-1128]

10/07/2016

71 pg, 434.98 KB

RESPONDENT BRIEF [1640040] filed by Anthony Foxx and DOT [Service Date: 10/07/2016 ] Length of Brief: 12,390. [16-1128] (Morrissey, Tara)

10/11/2016

3 pg, 31.49 KB

UNOPPOSED MOTION [1640246] filed to extend time to file reply to 11/04/2016. filed by Competitive Enterprise Institute, Consumer Advocates for Smokefree Alternatives Association and Gordon Cummings [Service Date: 10/11/2016 ] Pages: 1-10. [16-1128] (Bader, Hans)

10/12/2016

1 pg, 39.11 KB

CLERK’S ORDER [1640475] filed granting petitioners’ unopposed motion to extend time to file the reply brief [1640246-2], The following revised briefing schedule will now apply: PETITIONER Reply Brief due 11/04/2016. DEFERRED APPENDIX due 11/14/2016. Final Briefs due 11/28/2016. [16-1128]

11/04/2016

39 pg, 194.2 KB

PETITIONER REPLY BRIEF [1644687] filed by Competitive Enterprise Institute, Consumer Advocates for Smokefree Alternatives Association and Gordon Cummings [Service Date: 11/04/2016 ] Length of Brief: 6,993 words. [16-1128] (Bader, Hans)

11/14/2016

450 pg, 10.27 MB

JOINT APPENDIX [1645941] filed by Competitive Enterprise Institute, Consumer Advocates for Smokefree Alternatives Association and Gordon Cummings. [Volumes: 1] [Service Date: 11/14/2016 ] [16-1128] (Bader, Hans)

11/22/2016

95 pg, 2.76 MB

PETITIONER FINAL BRIEF [1647448] filed by Competitive Enterprise Institute, Consumer Advocates for Smokefree Alternatives Association and Gordon Cummings [Service Date: 11/22/2016 ] Length of Brief: 13,869 words. [16-1128] (Bader, Hans)

11/22/2016

39 pg, 194.21 KB

PETITIONER FINAL REPLY BRIEF [1647449] filed by Competitive Enterprise Institute, Consumer Advocates for Smokefree Alternatives Association and Gordon Cummings [Service Date: 11/22/2016 ] Length of Brief: 6,999 words. [16-1128] (Bader, Hans)

11/28/2016

71 pg, 444.01 KB

RESPONDENT FINAL BRIEF [1647890] filed by Anthony Foxx and DOT [Service Date: 11/28/2016 ] Length of Brief: 12,386 words. [16-1128] (Morrissey, Tara)

02/14/2017

1 pg, 41.03 KB

CLERK’S ORDER [1661148] filed scheduling oral argument on Monday, 04/10/2017. [16-1128]

03/28/2017

1 pg, 41.59 KB

PER CURIAM ORDER [1668140] filed allocating oral argument time as follows: Petitioners - 15 Minutes, Respondents - 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 04/03/2017 [16-1128]

03/28/2017

FORM 72 submitted by arguing attorney, Tara S. Morrissey, on behalf of Respondents Elaine L. Chao and DOT (For Internal Use Only: Form is restricted to protect counsel’s personal contact information). [16-1128] (Morrissey, Tara)

03/29/2017

FORM 72 submitted by arguing attorney, Sam Kazman, on behalf of Petitioners Competitive Enterprise Institute, Consumer Advocates for Smokefree Alternatives Association and Gordon Cummings (For Internal Use Only: Form is restricted to protect counsel’s personal contact information). [16-1128] (Bader, Hans)

04/09/2017

1 pg, 38.35 KB

CLERK’S ORDER [1670248] filed, on the court’s own motion, that the time for the oral argument of this case on April 10, 2017 has been changed from 9:30 a.m. to 2:00 p.m. [16-1128]

04/10/2017

1 pg, 39.41 KB

ORAL ARGUMENT HELD before Judges Kavanaugh, Ginsburg and Randolph. [16-1128]

07/21/2017

1 pg, 54.11 KB

PER CURIAM JUDGMENT [1685252] filed that the petition for review is denied, for the reasons in the accompanying opinion . Before Judges: Kavanaugh, Ginsburg, and Randolph. [16-1128]

07/21/2017

23 pg, 268.69 KB

OPINION [1685254] filed (Pages: 17) for the Court by Judge Randolph, CONCURRING OPINION (Pages: 1) by Judge Kavanaugh, DISSENTING OPINION (Pages: 5) by Judge Ginsburg. [16-1128]

07/21/2017

1 pg, 38.72 KB

CLERK’S ORDER [1685255] filed withholding issuance of the mandate. [16-1128]

Leave a Reply

The primary purpose of this site is to provide information in a timely manner. Postings should be informative. The usual rules apply: No libel, no profanity, no personal abuse, keep it on topic, and short.

If you are scheduled as a court witness, CHECK with your lawyer before posting anything here!