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Docket for 01-705
No. 01-705 Status: DECIDED
Title: Jo Anne B. Barnhart, Commissioner of Social Security,
Petitioner
v.
Peabody Coal Company, et al.
Docketed:          Lower Ct: United States Court of Appeals for the Sixth Circuit
November 19, 2001 (00-6239)

~~Date~~~~~~    ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Sep 7 2001Application (A01-229) to extend the time to file a petition for a writ
of certiorari from September 19, 2001 to October 19, 2001,
submitted to Justice Stevens.
Sep 7 2001Application (A01-230) to extend the time to file a petition for a writ
of certiorari from September 20, 2001 to October 20, 2001,
submitted to Justice Stevens.
Sep 12 2001 Application (A01-229) granted by Justice Stevens extending the
time to file until October 19, 2001.
Sep 12 2001 Application (A01-230) granted by Justice Stevens extending the
time to file until October 20, 2001.
Oct 9 2001 Application (A01-229) to extend further the time to file a
petition for a writ of certiorari from October 19, 2001 to
November 18, 2001, submitted to Justice Stevens.
Oct 9 2001 Application (A01-230) to extend further the time to file a
petition for a writ of certiorari from October 20, 2001 to
November 19, 2001, submitted to Justice Stevens.
Oct 10 2001 Application (A01-229) granted by Justice Stevens extending the
time to file until November 18, 2001.
Oct 10 2001 Application (A01-230) granted by Justice Stevens extending the
time to file until November 19, 2001.
Nov 19 2001Petition for writ of certiorari filed. (Response due December 19,
2001)
Dec 19 2001Brief of respondents Peabody Coal Company, et al. in opposition filed.
Dec 19 2001Brief of respondent Bellaire Corporation, et al. in opposition filed.
VIDED.
Jan 2 2002 DISTRIBUTED for Conference of January 18, 2002
Jan 9 2002Reply brief of petitioner Jo Anne B. Barnhart, Commissioner of Social
Security filed. VIDED.
Jan 22 2002 Petition GRANTED. The case is consolidated with No. 01-715 and a
total of one hour is allotted for oral argument.
SET FOR ARGUMENT October 8, 2002.
********************************************************
Mar 1 2002 Order extending time to file the joint appendix and petitioner's
brief on the merits to and including April 8, 2002.
Apr 8 2002Joint appendix filed. VIDED.
Apr 8 2002Brief of petitioner Jo Anne B. Barnhart, Commissioner of Social
Security filed. VIDED.
Apr 8 2002 LODGING consisting of twenty copies of GAO Analysis of Proposal to
Ensure Solvency of Combined Fund submitted by the Solicitor
General. VIDED.
Apr 8 2002Brief of petitioners Trustees of the UMWA Combined Benefit Fund filed.
VIDED.
May 3 2002 Order extending time to file respondents' briefs on the merits to
and including June 7, 2002.
Jun 7 2002Brief amicus curiae of Elgin National Industries, Inc. filed. VIDED.
Jun 7 2002Brief of respondents Peabody Coal Company, et al. filed. VIDED.
Jun 7 2002Brief of respondents Bellaire Corporation, et al. filed. VIDED.
Jun 18 2002 Motion of the Solicitor General for divided argument filed.
Jun 20 2002 Motion of respondents Bellaire Corporation, et al., for divided
argument filed.
Jun 28 2002 Motion of the Solicitor General for divided argument GRANTED.
Jun 28 2002 Motion of respondents Bellaire Corporation, et al., for divided
argument GRANTED.
Jun 28 2002Application (A02-13) for an extension of time to file petitioners'
reply briefs on the merits, submitted to Justice Stevens.
Jul 2 2002 Application (A02-13) granted by Justice Stevens extending the time
to file until July 22, 2002.
Jul 22 2002Reply brief of petitioner Trustees of the UMWA Combined Benefit Fund
filed. VIDED.
Jul 22 2002Reply brief of petitioner Jo Anne B. Barnhart, Commissioner of Social
Security filed. VIDED.
Jul 23 2002 CIRCULATED.
Aug 8 2002 Letter from the Solicitor General received and distributed.
Aug 15 2002 Record filed.
Aug 20 2002 Record filed.
Oct 3 2002Supplemental brief of petitioners Trustees of the UMWA Combined
Benefit Fund filed. VIDED.
Oct 8 2002 ARGUED.
Jan 15 2003 Adjudged to be REVERSED. Souter, J., delivered the opinion of the
Court, in which Rehnquist, C.J., and Stevens, Kennedy, Ginsburg,
and Breyer, JJ., joined. Scalia, J., filed a dissenting opinion,
in which O'Connor and Thomas, JJ., joined. Thomas, J., filed a
dissenting opinion.
Feb 14 2003 JUDGMENT ISSUED.
Feb 25 2003 Record returned to the USDC W. Dist. of Kentucky.
Feb 25 2003 Record returned to the USDC S. Dist. Ohio.
Feb 25 2003 Record returned to the USCA 6th Circuit.
 


~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Solicitor General
U.S. Department of Justice
Washington, DC 20530
Party name: Jo Anne B. Barnhart, Commissioner of Social Security
 
Attorneys for Respondent:
John G. Roberts Jr. Hogan & Hartson 2026375810
555 Thirteenth St., NW., #400
Washington, DC 20004
Party name: Peabody Coal Company, et al.
 
Jeffrey S. Sutton Jones, Day, Reavis & Pogue 6144693939
41 South High Street
Columbus, OH 43215-6113
Party name: Bellaire Corporation, et al.
 
Peter Buscemi Morgan, Lewis & Bockius, LLP 2024677000
1800 M Street, N.W.
Washington, DC 20036
Party name: Michael H. Holland, et al.
 
Other Attorneys:
Mary Lou Smith Howe Andersoon Steyer 2022965680
815 Connecticut Ave., NW #620
Washington, DC 20006
Party name: Elgin National Industries, Inc.
 
 

 

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