No. 22O143
Title:Mississippi, Plaintiff
v.
Tennessee, City of Memphis, Tennessee, and Memphis Light, Gas & Water Division
Docketed:June 10, 2014
Lower Ct:
   Case Numbers:
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Jun 01 2014Documents filed with the Special Master may be found on the Special Master's website at http://www.ca6.uscourts.gov/internet/special_master/special.htm
Jun 06 2014Motion for leave to file a bill of complaint filed.
Jul 17 2014Order extending time to file response to motion for leave to file a bill of complaint to and including September 5, 2014, for all respondents.
Sep 05 2014Brief of respondent City of Memphis, Tennessee, and Memphis Light, Gas & Water Division in opposition filed.
Sep 05 2014Brief of respondent Tennessee in opposition filed.
Sep 24 2014DISTRIBUTED for Conference of October 10, 2014.
Sep 24 2014Reply of petitioner Mississippi, Plaintiff filed. (Distributed)
Oct 01 2014DISTRIBUTED for Conference of October 17, 2014.
Oct 20 2014The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 12 2015Brief amicus curiae of United States filed.
May 22 2015Supplemental brief of Mississippi, Plaintiff filed.
Jun 09 2015DISTRIBUTED for Conference of June 25, 2015.
Jun 29 2015Motion for leave to file a bill of complaint GRANTED. Defendants are allowed 30 days within which to file an answer.
Jul 20 2015The time to file an answer has been extended for all defendants to and including September 14, 2015.
Sep 11 2015Answer of Defendants The City of Memphis, Tennessee, and Memphis Light, Gas & Water Division filed.
Sep 14 2015Answer of Defendant State of Tennessee filed.
Sep 16 2015DISTRIBUTED for Conference of October 9, 2015.
Nov 10 2015It is ordered that the Honorable Eugene E. Siler, Jr., of London, Kentucky, 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 he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The cost of printing his Reports, and all other proper expenses, including travel expenses shall be submitted to the Court.
Nov 18 2015Oath of Special Master filed
Nov 05 2020Report of the Special Master received.
Main DocumentOther
Dec 07 2020The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days.
Jan 13 2021Motion for an extension of time to file exceptions to the report of the Special Master filed by defendant State of Tennessee.
Main Document
Jan 19 2021Tennessee's January 13, 2021 motion for an extension of time has been granted as follows: Exceptions to the report of the Special Master are due on or before February 22, 2021; Replies are due on or before April 23, 2021; Sur-replies are due on or before June 7, 2021.
Feb 22 2021Exceptions to Report of the Special Master filed by plaintiff Mississippi.
Main DocumentOtherProof of Service
Feb 22 2021Exceptions to Report of the Special Master filed by defendants Tennessee, et al.
Main DocumentOtherProof of ServiceOther
Mar 01 2021Brief amicus curiae of International Law Committee of the New York City Bar Assocation filed.
Main DocumentOtherProof of Service
Apr 23 2021Reply of Mississippi to defendants' exceptions to the report of the Special Master filed.
Main DocumentOtherProof of Service
Apr 23 2021Reply of Tennessee to Mississippi's exceptions to the report of the Special Master filed.
Main DocumentOtherProof of ServiceOther
Apr 23 2021Reply of the City of Memphis and Memphis Light, Water and Gas Division to Mississippi's exceptions to the report of the Special Master filed.
Main DocumentProof of ServiceOther
Apr 29 2021Brief amici curiae of Colorado, et al. filed.
Main DocumentOtherProof of Service
Apr 30 2021Brief amicus curiae of the United States filed.
Main DocumentProof of Service
Apr 30 2021Brief amicus curiae of Law Professors Noah D. Hall et al. filed.
Proof of ServiceOtherMain Document
Jun 07 2021Sur-reply in support of exceptions to Report of the Special Master filed by defendants Tennessee, et al.
Main DocumentOtherProof of Service
Jun 07 2021Sur-reply in support of exceptions to Report of the Special Master filed by plaintiff Mississippi.
Main DocumentProof of ServiceOther
Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021The Exceptions to the Special Master Report are set for oral argument in due course.
Jul 09 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Main DocumentProof of Service
Aug 03 2021CIRCULATED
Aug 23 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED, and the time allotted as follows: 30 minutes for plaintiff, 20 minutes for defendants, and 15 minutes for the Acting Solicitor General.
Oct 04 2021Argued. For plaintiff: John V. Coghlan, Deputy Solicitor General, Jackson, Miss. For defendants: David C. Frederick, Washington, D. C.; and Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United Sates, as amicus curiae.)
Nov 22 2021Exceptions to the Special Master Report overruled in part and sustained in part, and case dismissed. Roberts, C. J., delivered the opinion for a unanimous Court.

NAMEADDRESSPHONE
Attorneys for Plaintiff
John Victor CoghlanOffice of the Attorney General
550 High Street
Jackson, MS 39201

John.Coghlan@ago.ms.gov
6017676000
Party name: State of Mississippi
C. Michael Ellingburg Sr.
    Counsel of Record
Ellingburg Law Firm, PLLC
232 Market Street
Flowood, MS 39236

mellingburg@ellingburglaw.com
601-914-4919
Party name: State of Mississippi
Attorneys for Respondents
Cheryl White Patterson220 S. Main Street
Memphis, TN 38103

cpatterson@mlgw.org
(901)-528-7651
Party name: Memphis Light, Gas & Water Division
Herman Morris Jr.City Attorney
125 N. Main St.
Room 336
Memphis, TN 38103

cityattorney@memphistn.gov
(901) 636-6614
Party name: City of Memphis, Tennessee
David C. FrederickKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
1615 M Street, N.W., Suite 400
Washington, DC 20036

dfrederick@kellogghansen.com
(202) 326-7900
Party name: Tennessee
David Lee Bearman
    Counsel of Record
Baker, Donelson, Bearman, Caldwell & Berkowitz, P.
165 Madison Avenue
Suite 2000
Memphis, TN 38103

dbearman@bakerdonelson.com
901.577.8116
Party name: Tennessee, City of Memphis, Tennessee, and Memphis Light, Gas & Water Division
Sohnia Whitney Hong
    Counsel of Record
Office of the Tennessee Attorney General & Reporter
P.O. Box 20207
Nashville, TN 37202-0207

sohnia.hong@ag.tn.gov
615-741-2379
Party name: State of Tennessee
Herbert Harrison Slatery IIIAttorney General
425 Fifth Avenue North
Nashville, TN 37219

tnattygen@ag.tn.gov
Party name: Tennessee
Other
Eugene E. Siler Jr.
    Counsel of Record
Honorable
310 S. Main Street, Suite 333
London, KY 40741

Eugene_E_Siler@ca6.uscourts.gov
(606) 877-7930
Party name: Special Master
Jeffrey B. WallActing Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: United States
Matthew Eaton Draper
    Counsel of Record
Draper & Draper LLC
200 Park Avenue
Suite 1700
New York, NY 10166

matthew.draper@draperllc.com
(347) 442-7788
Party name: International Law Committee of the New York City Bar Assocation
Noah D. Hall
    Counsel of Record
Wayne State University Law School
471 West Palmer Street
Detroit, MI 48202

nhall@wayne.edu
7346461400
Party name: Law Professors Noah D. Hall et al.
Preston Vincent Hartman
    Counsel of Record
Office of the Colorado Attorney General
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 10th Floor
Denver, CO 80203

preston.hartman@coag.gov
720-505-1672
Party name: State of Colorado
Elizabeth B. Prelogar
    Counsel of Record
Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: United States