Docket for 22O138 ORG
No. 22O138 ORG
Title:
South Carolina, Plaintiff
v.
North Carolina
Docketed:June 8, 2007
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Jun 7 2007 Documents filed with the Special Master are available at www.mto.com/sm/
Jun 8 2007 Motion for leave to file a bill of complaint filed. (Response due August 7, 2007)
Jun 8 2007 Application (06A1150) preliminary injunction, submitted to The Chief Justice.
Jun 12 2007 Response to Application requested by the Chief Justice due on or before August 7, 2007.
Aug 7 2007 Brief of respondent North Carolina in opposition filed.
Aug 7 2007 Response to application from respondent North Carolina filed.
Aug 22 2007 Application (06A1150) referred to the Court by The Chief Justice.
Aug 22 2007 DISTRIBUTED for Conference of September 24, 2007.
Aug 22 2007 Reply to response to application for preliminary injunction from South Carolina filed. (Distributed)
Aug 22 2007 Reply of petitioner South Carolina, Plaintiff filed. (Distributed)
Oct 1 2007 Motion for leave to file a bill of complaint GRANTED. Defendant is allowed thirty days within which to file an answer.
Oct 1 2007 Application (06A1150) denied by the Court
Oct 24 2007 Order extending time to file an answer to and including November 30, 2007.
Nov 30 2007 Motion for leave to intervene filed by Duke Energy Carolinas, LLC.
Nov 30 2007 Answer to Bill of Complaint filed by North Carolina
Nov 30 2007 Motion for leave to intervene filed by Catawba River Water Supply Project.
Dec 11 2007 Opposition to Duke Energy Carolinas, LLC's motion to intervene filed by South Carolina, Plaintiff . (Distributed)
Dec 12 2007 DISTRIBUTED for Conference of January 4, 2008.
Dec 13 2007 Opposition to The Catawba River Water Supply Project's motion to intervene filed by South Carolina, Plaintiff. (Distributed)
Dec 14 2007 Reply Brief in Support of the Motion of the Catawba River Water Supply Project for leave to intervene filed. (Distributed)
Dec 19 2007 Reply Brief in Support of the Motion of Duke Energy Carolinas, LLC for leave to intervene filed. (Distributed)
Jan 7 2008 Motion DISTRIBUTED for Conference of January 11, 2008.
Jan 15 2008 Kristin Linsley Myles, Esq., of San Francisco, California, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as she may deem it necessary to call for. The Special Master is directed to submit Reports as she may deem appropriate. The compensation of the Special Master, the allowances to her, the compensation paid to her legal, technical, stenographic and clerical assistants, the cost of printing her Reports, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct. .
Jan 15 2008 Motion for leave to intervene filed by Catawba River Water Supply Project is referred to the Special Master.
Jan 15 2008 Motion for leave to intervene filed by Duke Energy Carolinas, LLC is referred to the Special Master.
Feb 13 2008 Motion for leave to intervene filed by City of Charlotte, North Carolina.
Feb 25 2008 Response to City of Charlotte's motion for leave to intervene and file answer filed by respondent North Carolina.
Feb 25 2008 Opposition to City of Charlotte's motion for leave to intervene by South Carolina, Plaintiff filed.
Feb 27 2008 Motion DISTRIBUTED for Conference of March 14, 2008.
Mar 11 2008 Reply Brief in Support of the Motion of the City of Charlotte, North Carolina for leave to intervene filed. (Distributed)
Mar 17 2008 The motion of City of Charlotte, North Carolina for leave to intervene is referred to the Special Master.
Nov 28 2008 First Interim Report of the Special Master filed.
Dec 3 2008 DISTRIBUTED for Conference of January 9, 2009.
Dec 9 2008 Motion for leave to file exceptions to First Interim Report of the Special Master and Brief in Support of its Motion for Leave to File Exceptions filed by petitioner South Carolina, Plaintiff. (Distributed)
Dec 9 2008 Letter filed by Catawba River Water Supply Project. (Distributed)
Dec 18 2008 Intervenors' Response to the Motion of the State of South Carolina for Leave to File Exceptions to the First Interim Report of the Special Master. (Distributed)
Dec 19 2008 Response to South Carolina's Motion to File Exceptions to the Special Master's First Interim Report filed by respondent North Carolina. (Distributed)
Dec 22 2008 Reply of plaintiff South Carolina in Support of its Motion to File Exceptions to First Interim Report of the Special Master, filed. (Distributed)
Jan 9 2009 The Report of the Special Master is received and ordered filed. The motion for leave to file exceptions to First Interim Report of the Special Master is GRANTED. Parties and intervenors may file exceptions to the Report, with supporting briefs, on or before 2 p.m. Friday, February 13, 2009. Reply briefs, if any, are to be filed on or before 2 p.m. Monday, March 9, 2009. Sur-reply briefs, if any, are to be filed on or before 2 p.m. Monday, March 23, 2009.
Feb 13 2009 Exceptions of the State of South Carolina to First Interim Report of the Special Master filed.
Feb 13 2009 Letter filed by Duke Energy Carolinas, LLC.
Feb 13 2009 Letter filed by Catawba River Water Supply Project.
Feb 23 2009 Brief amicus curiae in support of Plaintiff's exceptions filed by the United States.
Mar 9 2009 Reply of respondent North Carolina in opposition to Plaintiff's exceptions filed.
Mar 9 2009 Reply of Catawba River Water Supply Project to Exceptions of South Carolina filed.
Mar 9 2009 Reply of the City of Charlotte, North Carolina in response to Exceptions of South Carolina filed.
Mar 9 2009 Reply of Duke Energy Carolinas, LLC to South Carolina's Exceptions filed.
Mar 10 2009 Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 17 2009 Application (08A817) for leave to file sur-reply in support of exceptions to first interim report of the special master in excess of word limitation, submitted to The Chief Justice.
Mar 17 2009 Application (08A817) denied by The Chief Justice.
Mar 23 2009 DISTRIBUTED for Conference of March 27, 2009.
Mar 23 2009 Sur-Reply Brief of the State of South Carollina in support of Exceptions to First Interim Report of the Special Master filed. (Distributed)
Mar 23 2009 Motion for divided argument filed by defendant North Carolina and intervenors Duke energy Carolinas, LLC, Catawba River Water Supply Project and City of Charlotter, NC. (Distributed)
Mar 30 2009 The Exceptions to the Report of the Special Master are set for oral argument in due course.
Apr 20 2009 Motion for divided argument filed by defendant and intervenors DENIED and the time is divided as follows: 10 minutes to defendant, and 20 minutes to intervenors.
Apr 20 2009 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jul 17 2009 CIRCULATED.
Sep 21 2009 All Record Materials are available on the Special Master's website at www.mto.com/sm/
Oct 6 2009 SET FOR ARGUMENT ON Tuesday, October 13, 2009.
Oct 13 2009 Argued. On Exceptions to the Report of the Special Master. For plaintiff: David C. Frederick, Washington, D.C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For interveners: H. Christopher Bartolomucci, Washington, D.C. For defendant: Christopher G. Browning, Jr., Solicitor General, Raleigh, N.C.
Jan 20 2010 Exceptions to Special Master's First Interim Report overruled in part and sustained in part. Alito, J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, and Breyer, JJ., joined. Roberts, C. J., filed an opinion concurring in the judgment in part and dissenting in part, in which Thomas, Ginsburg, and Sotomayor, JJ., joined.
Dec 14 2010 Stipulation to dismiss the Bill of Complaint pursuant to Rule 46 received.
Dec 14 2010 Petition Dismissed - Rule 46.
Jan 10 2011 Kristin Linsley Myles, Esq., of San Francisco, California, the Special Master in this case, is hereby discharged with the thanks of the Court.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Plaintiff:
Robert D. Cook Assistant Deputy Attorney General(803) 734-3736
    Counsel of RecordPost Office Box 11549
Columbia, SC  29211
BCook@scag.gov
Party name: South Carolina, Plaintiff
 
David C. Frederick Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.(202) 326-7900
    Counsel of Record1615 M Street, N.W., Suite 400
Washington, DC  20036
dfrederick@khhte.com
Party name: South Carolina, Plaintiff
Attorneys for Respondent:
Roy A. Cooper III. Attorney General(919) 716-6500
    Counsel of Record Office of the Attorney General
Post Office Box 629
Raleigh, NC  27602
Party name: North Carolina
 
Christopher G. Browning Jr. Solicitor General(919) 716-6900
    Counsel of Record North Carolina Department of Justice
P.O. Box 629
114 West Edenton Street
Raleigh, NC  27602-0629
CBrowning@ncdoj.gov
Party name: North Carolina
Other:
Carter G. Phillips Sidley Austin LLP(202) 736-8270
1501 K Street, N.W.
Washington, DC  20005
cphillips@sidley.com
Party name: Duke Energy Carolinas, LLC
 
Thomas C. Goldstein Akin Gump Strauss Hauer & Feld, LLP(202) 887-4060
1333 New Hampshire Avenue, N.W.
Washington, DC  20036
tgoldstein@akingump.com
Party name: Catawba River Water Supply Project
 
Kristin Linsley Myles Munger Tolles & Olson LLP(415) 512-4000
560 Mission Street, 27th Floor
San Francisco, CA  94105
kristin.myles@mto.com
Party name: Special Master
 
H. Christopher Bartolomucci Bancroft PLLC(202) 234-0090
1919 M Street, N.W., Suite 470
Washington, DC  20036
cbartolomucci@bancroftpllc.com
Party name: City of Charlotte, North Carolina
 
Elena Kagan Solicitor General(202) 514-2217
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ.gov
Party name: United States
 
Edwin S. Kneedler Deputy Solicitor General(202) 514-2217
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ
Party name: South Carolina, Plaintiff v. North Carolina