Docket for 09-1302
No. 09-1302
Vide 09-1298
Title:
The Boeing Company, Successor to McDonnell Douglas Corporation, Petitioner
v.
United States
Docketed:April 27, 2010
Linked with 09A678
Lower Ct:United States Court of Appeals for the Federal Circuit
  Case Nos.:(2007-5111, 2007-5131)
  Decision Date:June 2, 2009
  Rehearing Denied:November 24, 2009
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Jan 18 2010 Argued. For petitioners: Carter G. Phillips, Washington, D. C. For respondent: Neal Kumar Katyal, Acting Solicitor General, Department of Justice, Washington, D. C.
Jan 20 2010 Application (09A678) to extend the time to file a petition for a writ of certiorari from February 22, 2010 to March 24, 2010, submitted to The Chief Justice.
Jan 22 2010 Application (09A678) granted by The Chief Justice extending the time to file until March 24, 2010.
Mar 11 2010 Application (09A678) to extend further the time from March 24, 2010 to April 23, 2010, submitted to The Chief Justice.
Mar 12 2010 Application (09A678) granted by The Chief Justice extending the time to file until April 23, 2010.
Apr 23 2010 Petition for a writ of certiorari filed. (Response due May 27, 2010)
Apr 23 2010 Appendix of The Boeing Company filed.
May 18 2010 Order extending time to file response to petition to and including June 28, 2010.
May 27 2010 Brief amicus curiae of National Defense Industrial Association filed. VIDED.
May 27 2010 Brief amici curiae of Chamber of Commerce of the United States of America filed. VIDED.
Jun 18 2010 Order further extending time to file response to petition to and including July 28, 2010.
Jul 7 2010 Order further extending time to file response to petition to and including August 20, 2010.
Aug 20 2010 Brief of respondent United States in opposition filed. VIDED.
Aug 31 2010 Reply of petitioner The Boeing Company filed. (Distributed)
Sep 1 2010 DISTRIBUTED for Conference of September 27, 2010.
Sep 28 2010 Petition GRANTED limited to Question 2 presented by the petition. The petition for a writ of certiorari in No. 09-1298 is granted limited to Question 1 presented by the petition. The cases are consolidated and a total of one hour is allotted for oral argument.
Oct 5 2010 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner General Dynamics Corp. VIDED.
Oct 11 2010 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner Boeing Company. VIDED.
Oct 12 2010 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent. VIDED.
Nov 8 2010 SET FOR ARGUMENT ON Tuesday, January 18, 2011.
Nov 12 2010 Brief of General Dynamics Corporation filed. VIDED.
Nov 12 2010 Joint appendix filed (3 volumes). Statement of costs filed. VIDED.
Nov 12 2010 Brief of petitioner The Boeing Company filed. VIDED.
Nov 17 2010 Brief amici curiae of Al-Haramain Islamic Foundation, Inc., et al. filed. VIDED.
Nov 19 2010 CIRCULATED.
Nov 19 2010 Brief amicus curiae of Constitution Project filed. VIDED. (Distributed)
Nov 19 2010 Brief amici curiae of Chamber of Commerce of the United States of America filed. VIDED. (Distributed)
Nov 19 2010 Brief amici curiae of National Defense Industrial Association filed. VIDED. (Distributed)
Nov 23 2010 Letter dated, November 23, 2010, notifying the Court that Carter pPhillips has been engaged to represent petitioners in oral argument received.
Dec 13 2010 Brief of respondent United States filed. VIDED. (Distributed)
Dec 13 2010 Record received from U.S.C.A. for Federal Circuit. (1 box)
Jan 4 2011 Reply of General Dynamics Corporation filed. VIDED. (Distributed)
Jan 4 2011 Reply of petitioner The Boeing Company filed. VIDED. (Distributed)
Feb 2 2011 Record received from U.S. Court of Federal Claims. (36 boxes)
May 23 2011 Judgment VACATED and case REMANDED Scalia, J., delivered the opinion for a unanimous Court.
Jun 24 2011 JUDGMENT ISSUED.
Jun 28 2011 Record returned 10 U.S.C.A for Federal Circuit.
Jun 28 2011 Record returned to U.S. Court of Federal Claims.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Charles J. Cooper Cooper & Kirk, PLLC(202) 220-9600
    Counsel of Record1523 New Hampshire Avenue, N.W.
Washington, DC  20036
ccooper@cooperkirk.com
Party name: The Boeing Company
Attorneys for Respondent:
Neal Kumar Katyal Acting Solicitor General(202) 514-2217
    Counsel of Record United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ
Party name: General Dynamics Corporation
Other:
Jon B. Eisenberg Eisenberg & Hancock LLP(510) 452-2581
1970 Broadway, Suite 1200
Oakland, CA  94612
jon@eandhlaw.com
Party name: Al-Haramain Islamic Foundation, Inc., et al.
 
David M. Gossett Mayer Brown LLP(202) 263-3000
1999 K Street, N.W.
Washington, DC  20006
dgossett@mayerbrown.com
Party name: Constitution Project
 
Deanne E. Maynard Morrison & Foerster LLP(202) 887-8740
2000 Pennsylvania Avenue, N.W.
Washington, DC  20006
DMaynard@mofo.com
Party name: National Defense Industrial Association
 
Carter G. Phillips Sidley Austin LLP(202) 736-8270
1501 K Street, N.W.
Washington, DC  20005
cphillips@sidley.com
Party name: Chamber of Commerce of the United States of America
 
Paul M. Smith Jenner & Block LLP(202) 639-6000
1099 New York Avenue, N.W.
Suite 900
Washington, DC  20001
psmith@jenner.com
Party name: General Dynamics Corporation