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Docket for 06-1457
No. 06-1457
Vide 06-1462
Title:
Morgan Stanley Capital Group Inc., Petitioner
v.
Public Utility District No. 1 of Snohomish County, Washington, et al.
Docketed:May 4, 2007
Linked with 06A857
Lower Ct:United States Court of Appeals for the Ninth Circuit
  Case Nos.:(03-72511, 03-74757, 04-70712, 03-74617, 03-74208)
  Decision Date:December 19, 2006
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Mar 6 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.
Mar 8 2007 Application (06A857) granted by Justice Kennedy extending the time to file until May 3, 2007.
Apr 20 2007 Motion for disqualification of counsel filed by Golden State Water Company. (Distributed)
Apr 26 2007 Order extending time to file response to motion to and including May 30, 2007.
May 3 2007 Petition for a writ of certiorari filed. (Response due June 4, 2007)
May 3 2007 Appendix of Morgan Stanley Capital Group Inc. filed.
May 16 2007 Order extending time to file response to petition to and including July 5, 2007, for all respondents.
May 23 2007 Brief of respondent Mirant Energy Trading LLC in support filed. VIDED.
May 30 2007 Response to motion from O'Melveny & Myers LLP filed.
Jun 8 2007 Consent to the filing of amicus briefs in support of either party, or neither party received from counsel for Mirant Energy Trading LLC.
Jun 11 2007 Reply to opposition to motion for disqualification of counsel filed by Golden State Water Company.
Jun 25 2007 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.
Jun 26 2007 Order further extending time to file response to petition to and including August 6, 2007, for all respondents.
Jun 27 2007 Application (06A1237) denied by Justice Kennedy.
Jul 19 2007 Consent to the filing of amicus briefs in suport of either party received from counsel for the respondents. VIDED.
Aug 6 2007 Brief of respondents Public Utility District No. 1 of Snohomish County, Washington, et al. in opposition filed. VIDED.
Aug 6 2007 Brief amicus curiae of Natural Gas Supply Association filed. VIDED.
Aug 6 2007 Brief amicus curiae of Canadian Electricity Association filed. VIDED.
Aug 6 2007 Brief amicus curiae of Interstate Natural Gas Association of America filed. VIDED.
Aug 6 2007 Brief amicus curiae of International Swaps and Derivatives Association, Inc. filed. VIDED.
Aug 6 2007 Brief of respondent Federal Energy Regulatory Commission in opposition filed. VIDED.
Aug 6 2007 Brief of respondents Public Utilities Commission of California, and California Electricity Oversight Board in opposition filed. VIDED.
Aug 7 2007 Brief amici curiae of Electric Power Supply Association, et al. filed. VIDED.
Aug 21 2007 Reply of petitioner Morgan Stanley Capital Group Inc. filed. (Distributed)
Aug 22 2007 DISTRIBUTED for Conference of September 24, 2007.
Sep 25 2007 Motion disqualification of counsel DENIED. The Chief Justice and Justice Breyer took no part in the consideration or decision of this motion.
Sep 25 2007 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. The brief of respondents is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, December 3, 2007. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 28, 2007. Briefs of amici curiae are to be filed with the Clerk and served upon counsel for the parties on or before 2 p.m., 7 days after the brief for the party supported is filed, or if in support of neither party, within 7 days after the petitioners' brief is filed. The Chief Justice and Justice Breyer took no part in the consideration or decision of this petition. VIDED.
Oct 10 2007 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 be filed with the Clerk and served upon opposing counsel on or before February 6, 2008. Briefs of amici curiae are to be filed with the Clerk and served upon counsel for the parties on or before 7 days after the brief for the party supported is filed, or if in support of neither party, within 7 days after the petitioners' brief is filed. VIDED.
Nov 14 2007 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.
Nov 19 2007 Consent to the filing of amicus briefs in support of either party received from counsel for petitioners in No. 06-1462. VIDED.
Nov 20 2007 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.
Nov 21 2007 Joint appendix filed. (Volumes 1-3 ) VIDED. (Statement of Costs filed.)
Nov 21 2007 Brief of petitioner Morgan Stanley Capital Group Inc. filed.
Nov 21 2007 Brief of respondent Federal Energy Regulatory Commission in support of petitioners filed. VIDED.
Nov 21 2007 Supplemental joint appendix filed. VIDED.
Nov 21 2007 Brief of petitioners Calpine Energy Services, L.P., et al. filed. VIDED.
Nov 28 2007 Brief amici curiae of Powerex Corp., et al. filed. VIDED.
Nov 28 2007 Brief amici curiae of Electric Power Supply Association, et al. filed. VIDED.
Nov 28 2007 Brief amici curiae of Coral Power L.L.C., et al. filed. VIDED.
Nov 28 2007 Brief amici curiae of International Swaps and Derivatives Association, Inc., et al. filed. VIDED.
Nov 28 2007 Brief amici curiae of William J. Baumol, et al. filed. VIDED.
Dec 11 2007 Consent to the filing of amicus briefs in support of either or neither party received from counsel for the petitioners in 06-1457. VIDED.
Dec 19 2007 CIRCULATED.
Dec 21 2007 SET FOR ARGUMENT Tuesday, February 19, 2008. VIDED.
Jan 7 2008 Brief of respondents Public Utilities Commission of California, et al. filed. VIDED. (Distributed)
Jan 7 2008 Brief of respondent Golden State Water Company filed. VIDED. (Distributed)
Jan 7 2008 Brief of respondents Public Utility District No. 1 of Snohomish County, Washington, et al. filed. VIDED. (Distributed)
Jan 10 2008 Record received from the Federal Engergy Regulatory Commission. (12 boxes)
Jan 10 2008 Record received from U.S.C.A. for the 9th Circuit. (1 box)
Jan 11 2008 Motion to dismiss the writ of certiorari only as to Calpine Energy Services, L.P. received.
Jan 14 2008 Brief amici curiae of Colorado Office of Consumer Counsel, et al. filed. (Distributed) VIDED.
Jan 14 2008 Brief amicus curiae of Large Public Power Council filed. VIDED. (Distributed)
Jan 14 2008 Brief amicus curiae of AARP filed. VIDED. (Distributed)
Jan 14 2008 Brief amici curiae of American Public Power Association, et al. filed. VIDED. (Distributed)
Jan 14 2008 Brief amici curiae of National Association of Regulatory Utility Commissioners, et al. filed. VIDED. (Distributed)
Jan 14 2008 Brief amicus curiae of Public Utility Law Project of New York, Inc. filed. VIDED. (Distributed)
Jan 14 2008 Motion for divided argument filed by respondent Federal Energy Regulatory Commission. VIDED.
Jan 14 2008 Brief amicus curiae of Washington filed. VIDED. (Distributed)
Jan 14 2008 Brief amici curiae of Illinois, et al. filed. VIDED. (Distributed)
Jan 22 2008 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
Jan 28 2008 Writ of certiorari only as to Calpine Energy Services, L.P. dismissed pursuant to Rule 46.
Feb 6 2008 Reply of petitioners Morgan Stanley Capital Group Inc., et al. filed. VIDED. (Distributed)
Feb 6 2008 Reply of respondent Federal Energy Regulatory Commission filed. VIDED. (Distributed)
Feb 19 2008 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.
Jun 26 2008 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 concurring in the judgment. Stevens, J., filed a dissenting opinion, in which Souter, J., joined. Roberts, C. J., and Breyer, J., took no part in the consideration or decision of the cases.
Jul 28 2008 Record returned to Federal Energy Regulatory Commission.
Jul 28 2008 JUDGMENT ISSUED.
Aug 15 2008 Acknowledgement of receipt (08/01/08) of judgment from Clerk, United States Court of Appeals for the Ninth Circuit received.
Sep 12 2008 Motion to retax costs filed by petitioner Morgan Stanley Capital Group Inc. VIDED
Sep 23 2008 Opposition to motion to retax costs filed by respondents. VIDED
Sep 24 2008 Motion DISTRIBUTED for Conference of October 10, 2008.
Oct 14 2008 Motion to retax costs filed by petitioners GRANTED. The Chief Justice took no part in the consideration or decision of this motion. VIDED
Oct 17 2008 Amended JUDGMENT ISSUED.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Donald B. Ayer Jones Day(202) 879-3939
    Counsel of Record51 Louisiana Avenue, N.W.
Washington, DC  20001-2113
dbayer@jonesday.com
Party name: American Electric Power Service Corp., et al.
 
Walter Dellinger O'Melveny & Myers LLP(202) 383-5319
    Counsel of Record1625 Eye Street, N.W.
Washington, DC  20006
wdellinger@omm.com
Party name: Morgan Stanley Capital Group Inc.
Attorneys for Respondents:
Richard P. Bress Latham & Watkins LLP(202) 637-2200
    Counsel of Record555 11th Street, N.W.
Suite 1000
Washington, DC  20004
rick.bress@lw.com
Party name: Mirant Energy Trading L.L.C.
 
Randolph Lee Elliott Miller Balis & O'Neil, P.C.(202) 296-2960
    Counsel of Record1015 15th Street, N.W.
Washington, DC  20005
RElliott@mbolaw.com
Party name: Golden State Water Co.
 
Gregory G. Garre Solicitor General(202) 514-2217
    Counsel of Record United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
Party name: Federal Energy Regulatory Commission
 
William J. Kayatta Jr. Chambers of Judge William J. Kayatta, Jr.(207) 699-3600
    Counsel of RecordU.S. Court of Appeals for the First Circuit
156 Federal Street
Portland, ME  04101
elizabeth_Umland@ca1.uscourts.gov
Party name: Public Utilities Commission of California, et al.
 
Christopher J. Wright Wiltshire & Grannis LLP(202) 730-1300
    Counsel of Record1200 Eighteenth St., N.W.
Suite 1200
Washington, DC  20036
cwright@wiltshiregrannis.com
Party name: Public Utility District No. 1 of Snohomish County, Washington, et al.
Other:
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: International Swaps and Derivatives Association, Inc.
 
John N. Estes III. Skadden, Arps, Slate, Meagher & Flom LLP(202) 371-7950
1440 New York Avenue, N.W.
Washington, DC  20005-2111
john.estes@skadden.com
Party name: William J. Baumol, et al.
 
Miguel A. Estrada Gibson, Dunn & Crutcher LLP(202) 955-8500
1050 Connecticut Avenue, N.W.
Washington, DC  20036
mestrada@gibsondunn.com
Party name: O'Melveny & Myers LLP
 
David C. Frederick Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.(202) 326-7900
1615 M Street, N.W., Suite 400
Washington, DC  20036
dfrederick@khhte.com
Party name: (Canadian Electricity Association) Powerex Corp., et al.
 
Robert R. Gasaway Kirkland & Ellis LLP(202) 879-5000
655 Fifteenth Street, NW
Washington, DC  20005
robert.gasaway@kirkland.com
Party name: Natural Gas Supply Association
 
Jeffrey D. Goltz Office of the Attorney General(360) 753-2578
1125 Washington Street, S.E.
Olympia, WA  98504-0100
Party name: Washington
 
Lynn Norton Hargis Public Citizen(202) 454-5183
215 Pennsylvania Ave, SE
Third Floor
Washington, DC  20003
Party name: Colorado Office of Consumer Counsel, et al.
 
Barbara A. Jones AARP Foundation Litigation(626) 585-2628
200 So. Los Robles
Suite 400
Pasadena, CA  91101
bjones@aarp.org
Party name: AARP
 
Henry S. May Jr. Vinson & Elkins LLP(713) 758-2554
2500 First City Tower
1001 Fannin Street
Houston, TX  77002
Party name: Interstate Natural Gas Association of America
 
Gerald A. Norlander Public Utility Law Project of New York, Inc.(518) 449-3375
90 State Street
Suite 601
Albany, NY  12207
Party name: Public Utility Law Project of New York, Inc.
 
Theodore B. Olson Gibson, Dunn & Crutcher LLP(202) 955-8500
1050 Connecticut Avenue, N.W.
Washington, DC  20036
tolson@gibsondunn.com
Party name: O'Melveny & Myers LLP
 
James Bradford Ramsay General Counsel(202) 898-2207
National Association of Regulatory Utility Commissioners
1101 Vermont Ave., NW
Suite 200
Washington, DC  20005
Party name: National Association of Regulatory Utility Commsioners, et al.
 
Jonathan D. Schneider Stinson Morrison Hecker LLP(202) 785-9100
1150 18th Street, N.W. Suite 800
Washington, DC  20036
Party name: Large Public Power Council
 
Michael A. Scodro Solicitor General(312) 814-3312
Office of the Attorney General
100 West Randolph Street
Chicago, IL  60601
mscodro@atg.state.il.us
Party name: Illinois, et al.
 
Kenneth W. Starr Kirkland & Ellis LLP(213) 680-8400
777 S. Figueroa Street
Los Angeles, CA  90017
ken.starr@pepperdine.edu
Party name: Electric Power Supply Association, et al.
 
Scott H. Strauss Spiegel & McDiarmid LLP(202) 879-4000
1333 New Hampshire Ave, N.W.
Washington, DC  20036
Party name: American Public Power Association, et al.
October 26, 2014 | Version 2014.1