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Docket for 08-969
No. 08-969
Title:
Hemi Group, LLC and Kai Gachupin, Petitioners
v.
City of New York, New York
Docketed:February 2, 2009
Linked with 09A318
Lower Ct:United States Court of Appeals for the Second Circuit
  Case Nos.:(06-1665-cv, 06-1693-cv, 06-1694-cv, 06-1695-cv)
  Decision Date:September 2, 2008
  Rehearing Denied:October 30, 2008
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Jan 27 2009 Petition for a writ of certiorari filed. (Response due March 4, 2009)
Feb 18 2009 Order extending time to file response to petition to and including April 3, 2009.
Apr 3 2009 Brief of respondent City of New York in opposition filed.
Apr 13 2009 Reply of petitioners Hemi Group, LLC and Kai Gachupin filed. (Distributed)
Apr 15 2009 DISTRIBUTED for Conference of May 1, 2009.
May 4 2009 Petition GRANTED.
Jun 5 2009 The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including July 17, 2009.
Jul 17 2009 Joint appendix filed. (Statement of costs filed)
Jul 17 2009 Brief of petitioners Hemi Group, LLC and Kai Gachupin filed.
Jul 21 2009 The time within which to file respondent's brief on the merits is extended to and including September 16, 2009.
Aug 17 2009 SET FOR ARGUMENT ON Tuesday, November 3 2009.
Aug 20 2009 CIRCULATED.
Sep 15 2009 Record received from U.S.C.A. for 2nd Circuit. (1 envelope) (This record contains 1cd.)
Sep 16 2009 Brief of respondent City of New York, New York filed. (Distributed)
Sep 23 2009 Motion for leave to file amicus brief filed by The Campaign for Tobacco-Free Kids. (Distributed)
Sep 23 2009 Brief amici curiae of Indiana, et al. filed. (Distributed)
Sep 29 2009 Application (09A318) of petitioners to file a reply brief on the merits in excess of the word limitation, submitted to Justice Ginsburg.
Oct 5 2009 Application (09A318) denied by Justice Ginsburg.
Oct 5 2009 Opposition of petitioners' to motion of amicus Campaign for Tobacco-Free Kids filed. (Distributed)
Oct 8 2009 Record received from U.S.D.C. for the Southern District of New York. (2 boxes). Portions of this record is electronic.
Oct 16 2009 Reply of petitioners Hemi Group, LLC and Kai Gachupin filed. (Distributed)
Oct 20 2009 Motion for leave to file amicus brief filed by The Campaign for Tobacco-Free Kids GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion.
Oct 28 2009 Supplemental brief of petitioners Hemi Group, LLC and Kai Gachupin filed. (Distributed)
Nov 3 2009 Argued. For petitioners: Randolph H. Barnhouse, Los Ranchos de Albuquerque, N.M. For respondent: Leonard J. Koerner, Chief Assistant Corporation Counsel, New York, N.Y.
Nov 19 2009 Additional record received from U.S.D.C. for the Southern District of New York. (1 envelope)
Jan 25 2010 Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court in part, in which Scalia, Thomas, and Alito, JJ., joined, and in which Ginsburg, J., joined in part. Ginsburg, J., filed an opinion concurring in part and concurring in the judgment. Breyer, J., filed a dissenting opinion, in which Stevens and Kennedy, JJ., joined. Sotomayor, J., took no part in the consideration or decision of the case. Justice Sotomayor took no part in the consideration or decision of this petition.
Feb 26 2010 JUDGMENT ISSUED.
May 24 2010 Record return to the USDC for the Southern District of New York. (1-envelope)



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioners:
Randolph H. Barnhouse Luebben Johnson & Barnhouse LLP(505) 842-6123
    Counsel of Record7424 4th Street NW
Los Ranchos de Albuquerque, NM  87107
dbarnhouse@luebbenlaw.com
Party name: Hemi Group, LLC and Kai Gachupin
Attorneys for Respondent:
Leonard J. Koerner New York City Law Department(212) 356-2500
    Counsel of Record100 Church Street, 6th Floor
New York, NY  10007
lkoerner@law.nyc.gov
Party name: City of New York, New York
 
Elizabeth Susan Natrella Assistant Corporation Counsel(212) 788-1033
    Counsel of Record 100 Church Street
New York, NY  10007-2601
enatrell@law.nyc.gov
Party name: City of New York, New York
Other:
Peter C. Canfield Dow Lohnes PLLC(770) 901-8800
Six Concourse Pkwy., Suite 1800
Atlanta, GA  30328
Party name: The Campaign for Tobacco-Free Kids
 
Thomas M. Fisher Solicitor General (317) 232-6255
Office of the Attorney General
IGC South, Fifth Floor
302 W. Washington Street
Indianapolis, IN  46204
Tom.Fisher@atg.in.gov
Party name: Indiana, et al.

 

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