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Docket for 04-805
No. 04-805
Vide 04-814
Title:
Texaco Inc., Petitioner
v.
Fouad N. Dagher, et al.
Docketed:December 15, 2004
Lower Ct:United States Court of Appeals for the Ninth Circuit
  Case Nos.:(02-56509)
  Decision Date:June 1, 2004
  Rehearing Denied:September 15, 2004
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Dec 14 2004 Petition for a writ of certiorari filed. (Response due January 14, 2005)
Jan 7 2005 Consent to the filing of amicus briefs in support of either party received from counsel for the petitioner.
Jan 7 2005 Brief of respondents Fouad N. Dagher, et al. in opposition filed. VIDED.
Jan 13 2005 Motion for leave to file amicus brief filed by Washington Legal Foundation. VIDED.
Jan 13 2005 Motion for leave to file amici brief filed by Visa U.S.A. Inc., et al. (VIDED)
Jan 14 2005 Reply of petitioner Texaco, Inc. filed.
Jan 14 2005 Motion for leave to file amici brief filed by Antitrust Scholars. (VIDED)
Jan 14 2005 Motion for leave to file amici brief filed by Chamber of Commerce of the United States, et al. (VIDED)
Jan 19 2005 Opposition of respondents to motion of Chamber of Commerce of the United States, et al. for leave to file brief amici curiae filed. VIDED.
Jan 19 2005 Opposition of respondents to motion of Coca-Cola Company and Microsoft Corporation for leave to file brief amici curiae filed. VIDED.
Jan 19 2005 Opposition of respondent to motion of Washington Legal Foundation for leave to file brief amicus curiae filed. VIDED.
Jan 24 2005 Opposition of respondents to motion of Antitrust Scholars for leave to file brief amici curiae filed. VIDED. (Distributed)
Jan 26 2005 DISTRIBUTED for Conference of February 18, 2005.
Feb 22 2005 The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 17 2005 Letter received from counsel for the petitioner pursuant to Rule 29.6 indicating name change to Chevron Corporation. VIDED.
May 26 2005 Brief amicus curiae of United States filed.
Jun 7 2005 DISTRIBUTED for Conference of June 23, 2005.
Jun 8 2005 Supplemental brief of respondents Fouad N. Dagher, et al. filed. VIDED. (Distributed)
Jun 13 2005 Supplemental brief of petitioner Texaco, Inc. filed. (Distributed)
Jun 27 2005 Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED.
Jun 27 2005 Motion for leave to file amici brief filed by Visa U.S.A. Inc., et al. GRANTED.
Jun 27 2005 Motion for leave to file amici brief filed by Antitrust Scholars GRANTED.
Jun 27 2005 Motion for leave to file amici brief filed by Chamber of Commerce of the United States, et al. GRANTED.
Jun 27 2005 Petition GRANTED. The case is consolidated with No. 04-814 and a total of one hour is allotted for oral argument.
Jul 14 2005 Extension of time within which to file the joint appendix and petitioners' briefs on the merits to and including September 12, 2005. (VIDED)
Sep 12 2005 Motion for leave to file amicus brief filed by Verizon Communications Inc. (VIDED).
Sep 12 2005 Motion for leave to file amicus brief filed by American Petroleum Institute (VIDED).
Sep 12 2005 Brief amicus curiae of United States filed. (VIDED).
Sep 12 2005 Brief of petitioner Texaco, Inc. filed. VIDED.
Sep 12 2005 Joint appendix filed. VIDED.
Sep 12 2005 Brief of petitioner Shell Oil Company filed. VIDED.
Sep 12 2005 Motion for leave to file amicus brief filed by Northwest Ohio Physician Specialist Cooperative, LLC (VIDED).
Sep 12 2005 Motion for leave to file amici brief filed by Chamber of Commerce of the United States, et al. (VIDED).
Sep 12 2005 Motion for leave to file amicus brief filed by Washington Legal Foundation (VIDED).
Sep 12 2005 Motion for leave to file amici brief filed by Visa U.S.A. Inc., et al.
Sep 12 2005 Motion for leave to file amici brief filed by American Bankers Association, et al. (VIDED).
Sep 12 2005 Motion for leave to file amicus brief filed by Parker Hannifin Corporation.
Sep 23 2005 Respondent's opposition to motions of amici curiae for leave to file amici briefs filed. VIDED.
Oct 5 2005 Extension of time within which to file respondents' brief on the merits to and including November 10, 2005. VIDED.
Oct 11 2005 Motion for leave to file amici brief filed by Chamber of Commerce of the United States, et al. GRANTED. VIDED.
Oct 11 2005 Motion for leave to file amici brief filed by American Bankers Association, et al. GRANTED.
Oct 11 2005 Motion for leave to file amicus brief filed by Northwest Ohio Physician Specialist Cooperative, LLC GRANTED.
Oct 11 2005 Motion for leave to file amicus brief filed by Parker Hannifin Corporation GRANTED.
Oct 11 2005 Motion for leave to file amici brief filed by Visa U.S.A. Inc., et al. GRANTED.
Oct 11 2005 Motion for leave to file amicus brief filed by American Petroleum Institute GRANTED.
Oct 11 2005 Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED.
Oct 11 2005 Motion for leave to file amicus brief filed by Verizon Communications Inc. GRANTED.
Nov 1 2005 SET FOR ARGUMENT ON Tuesday, January 10, 2006.
Nov 10 2005 Brief amici curiae of Retail Industry Leaders Association and The Food Marketing Institute filed. VIDED.
Nov 10 2005 Brief amicus curiae of American Antitrust Institute filed. VIDED.
Nov 10 2005 Brief of respondents Fouad N. Dagher, et al. filed. VIDED.
Nov 11 2005 Record received from U.S.C.A. 9th Circuit. (1 envelope)
Nov 14 2005 Motion for divided argument filed by respondents.
Nov 15 2005 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Nov 17 2005 CIRCULATED.
Nov 18 2005 Record received from U.S.D.C. for Central Dist. of California. (1 box)
Nov 21 2005 Letter from counsel for respondents consenting to motion of the Solicitor General. VIDED.
Dec 12 2005 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.
Dec 12 2005 Motion for divided argument filed by respondents DENIED. VIDED.
Dec 15 2005 Reply of petitioner Texaco, Inc. filed. VIDED. (Distributed)
Dec 15 2005 Reply of petitioner Shell Oil Company filed. VIDED. (Distributed)
Jan 10 2006 Argued. For petitioners: Glen D. Nager, Washington, D.C.; and Jeffrey P. Minear, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for the United States, as amicus curiae.) For respondents: Joseph M. Alioto, San Francisco, Cal.
Feb 28 2006 Judgment REVERSED. Thomas, J.,delivered the opinion of the Court, in which all other Members joined, except Alito, J., who took no part in the consideration or decision of the cases.
Mar 31 2006 JUDGMENT ISSUED.
Apr 12 2006 Acknowledgement of receipt (04/05/06) of judgment from Clerk, United States Court of Appeals for the Ninth Circuit received.
Apr 19 2006 Record returned to U.S.C.A. 9th Circuit.
Apr 19 2006 Record returned to U.S.D.C. for the Central District of California.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Craig E. Stewart Jones Day(415) 626-3939
    Counsel of Record555 California Street
26th Floor
San Francisco, CA  94104-1500
cestewart@jonesday.com
Party name: Texaco, Inc.
 
Ronald L. Olson Munger, Tolles & Olson LLP(213) 683-9100
355 South Grand Avenue
Los Angeles, CA  90071
Party name: Shell Oil Company
Attorneys for Respondents:
Daniel R. Shulman Gray Plant Mooty & Bennett (612) 632-3335
    Counsel of RecordSuite 500, IDS Center
80 South Eighth Street
Minneapolis, MN  55402
daniel.shulman@gpmlaw.com
Party name: Fouad N. Dagher, et al.
Other:
Stephen V. Bomse 333 Bush Street(415) 772-6000
San Francisco, CA  94104-2778
Party name: Visa U.S.A. Inc., et al.
 
Paul D. Clement Acting Solicitor General(202) 514-2217
Department of Justice
Washington, DC  20530
Party name: United States
 
Lloyd E. Constantine 450 Lexington Avenue(212) 350-2700
17th Floor
New York, NY  10017
Party name: Retail Industry Leaders Association and The Food Marketing Institute
 
Roy T. Englert Jr. Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP(202) 775-4500
1801 K Street, N.W., Suite 411
Washington, DC  20006
renglert@robbinsrussell.com
Party name: Verizon Communications Inc.
 
Raymond A. Jacobsen Jr. 600 Thirteenth Street, N.W.(202) 756-8000
Washington, DC  20005
Party name: Chamber of Commerce of the United States, et al.
 
William J. Kolasky Jr. Wilmer Cutler Pickering Hale and Dorr LLP(202) 663-6000
1875 Pennsylvania Ave., NW
Washington, DC  20006
william.kolasky@wilmerhale.com
Party name: Washington Legal Foundation
 
Robert A. Long Jr. Covington & Burling LLP(202) 662-6000
1201 Pennsylvania Avenue, N.W.
Washington, DC  20004
rlong@cov.com
Party name: American Petroleum Institute
 
Robert Pitofsky 555 12th Street, N.W.(202) 942-5000
Washington, DC  20004
Party name: Antitrust Scholars
 
M. Laurence Popofsky 333 Bush Street(415) 772-6000
San Francisco, CA  94104-2878
Party name: Visa U.S.A. Inc., et al.
 
David A. Price Washington Legal Foundation(202) 588-0302
2009 Massachusetts Ave., N.W.
Washington, DC  20036
Party name: Washington Legal Foundation
 
Stephen F. Ross University of Illinois College of Law(217) 333-2502
504 East Pennsylvania Avenue
Champaign, IL  61820
Party name: American Antitrust Institute
 
W. Stephen Smith 2000 Pennsylvania Avenue, N.W.(202) 887-1500
Washington, DC  20006-1888
Party name: American Bankers Association, et al.
 
Steve C. Vaughn 6035 Parkland Boulevard(216) 896-2704
Cleveland, OH  44124
Party name: Parker Hannifin Corporation
 
Charles D. Weller 1100 Republic Building, 25 Prospect Avenue(216) 736-7936
Cleveland, OH  44115
Party name: Northwest Ohio Physician Specialist Cooperative, LLC

 

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