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Docket for 04-698
No. 04-698
Title:
Brian Schaffer, a Minor, By His Parents and Next Friends, Jocelyn and Martin Schaffer, et al., Petitioners
v.
Jerry Weast, Superintendent, Montgomery County Public Schools, et al.
Docketed:November 24, 2004
Lower Ct:United States Court of Appeals for the Fourth Circuit
  Case Nos.:(03-1030)
  Decision Date:July 29, 2004
  Rehearing Denied:August 24, 2004
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Nov 19 2004 Petition for a writ of certiorari filed. (Response due December 27, 2004)
Dec 8 2004 Order extending time to file response to petition to and including January 21, 2005.
Jan 21 2005 Brief of respondents Jerry Weast, Superintendent, Montgomery County Public Schools, et al. in opposition filed.
Jan 21 2005 Brief amici curiae of Virginia, et al. filed.
Feb 1 2005 Reply of petitioner Brian Schaffer, a minor by his parents and next friends, Jocelyn and Martin Schaffer, et al. filed. (Distributed)
Feb 2 2005 DISTRIBUTED for Conference of February 18, 2005.
Feb 22 2005 Petition GRANTED.
Mar 10 2005 Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including April 29, 2005.
Apr 29 2005 Brief amici curiae of Various Autism Organizations filed.
Apr 29 2005 Joint appendix filed.
Apr 29 2005 Brief of petitioners Brian Schaffer, a minor by his parents and next friends, Jocelyn and Martin Schaffer, et al. filed.
Apr 29 2005 Brief amici curiae of Council of Parent Attorneys and Advocates, et al. filed.
Apr 29 2005 Brief amici curiae of Virginia, et al. filed.
Apr 29 2005 Brief amici curiae of ARC of the United States, et al. filed.
May 12 2005 Extension of time within which to file respondents' brief on the merits to and including June 24, 2005.
Jun 23 2005 Brief amici curiae of Virginia School Boards Association and Five Other Board Associations filed.
Jun 24 2005 Brief of respondents Jerry Weast, Superintendent, Montgomery County Public Schools, et al. filed.
Jun 24 2005 Brief amici curiae of Council of the Great City Schools, et al. filed.
Jun 24 2005 Brief amicus curiae of United States filed.
Jun 24 2005 Brief amicus curiae of National School Boards Association filed.
Jun 24 2005 Brief amici curiae of Hawaii, et al. filed.
Jul 8 2005 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 20 2005 CIRCULATED.
Jul 20 2005 SET FOR ARGUMENT on Wednesday, October 5, 2005.
Jul 29 2005 Reply of petitioners Brian Schaffer, a minor by his parents and next friends, Jocelyn and Martin Schaffer, et al. filed. (Distributed)
Aug 2 2005 Record received from U.S.C.A.- Fourth Circuit. (1 envelope)
Aug 17 2005 Lodging proposal received from counsel for petitioners.
Aug 22 2005 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Aug 23 2005 Lodging proposal approved.
Aug 24 2005 Response to petitioners lodging proposal received and circulated.
Aug 26 2005 LODGING consisting of 20 copies of the following documents: Position Statement of NCD, Letter of S. Sullivan dated 5/25/05, and the Amicus Brief of the United States in the 4th Circuit, received from counsel for the petitioner.
Sep 26 2005 Record received from U.S.D.C. of Maryland (Greenbelt). 1 Box
Oct 5 2005 Argued. For petitioners: William H. Hurd, Richmond, Va. For respondents: Gregory G. Garre, Washington, D.C.; and David B. Salmons, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) The Chief Justice recused.
Nov 14 2005 Adjudged to be AFFIRMED O'Connor, J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Stevens, J., filed a concurring opinion. Ginsburg, J., and Breyer, J., filed dissenting opinions. The Chief Justice took no part in the consideration or decision of this petition.
Dec 16 2005 JUDGMENT ISSUED.
Jan 4 2006 Acknowledgement of receipt (12/19/05) of judgment from Clerk, United States Court of Appeals for the Fourth Circuit received.
Mar 17 2006 Record returned to the U.S.C.A., 4th Circuit (1 envelope).
Mar 17 2006 Record returned to U.S.D.C. for Maryland. (Greenbelt)



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioners:
William H. Hurd Troutman Sanders LLP(804) 697-1335
    Counsel of Record1111 East Main Street
Richmond, VA  23219
Party name: Brian Schaffer, a minor by his parents and next friends, Jocelyn and Martin Schaffer, et al.
Attorneys for Respondents:
Zvi Greismann Montgomery Counary Public Schools Attorney(301) 279-3549
    Counsel of Record 850 Hungerford Drive
Rockville, MD  20850-1747
Party name: Jerry Weast, Superintendent, Montgomery County Public Schools, et al.
 
Paul D. Clement Acting Solicitor General(202) 514-2217
Department of Justice
Washington, DC  20530
Party name: United States
 
Gregory G. Garre Latham & Watkins, LLP(202) 637-2207
555 11th Street, N.W.
Suite 1000
Washington, DC  20004
gregory.garre@lw.com
Party name: Jerry Weast, Superintendent, Montgomery County Public Schools, et al.
 
Maree F. Sneed Hogan Lovells US LLP(202) 637-6416
Columbia Square
555 Thirteenth Street, N.W.
Washington, DC  20004
mfsneed@hoganlovells.com
Party name: Jerry Weast, Superintendent, Montgomery County Public Schools, et al.
Other:
Gregory Andrew Castanias Jones Day(202) 879-3939
51 Louisiana Avenue, N.W.
Washington, DC  20001-2113
gcastanias@jonesday.com
Party name: Various Autism Organizations
 
Drew S. Days III. Morrison & Foerster LLP(202) 887-1500
2000 Pennsylvania Ave., NW
Washington, DC  20006
DDays@mofo.com
Party name: ARC of the United States, et al.
 
Ankur J. Goel McDermott Will & Emery LLP(202) 756-8000
600 Thirteenth Street NW
Washington, DC  2005
Party name: Council of Parent Attorneys and Advocates, et al.
 
Julie Wright Halbert Council of Great City Schools(202) 393-2427
1301 Pennsylvania Avenue NW
Suite 702
Washington, DC  2004
Party name: Council of the Great City Schools, et al.
 
Girard D. Lau Deputy Attorney General(808) 586-1360
Department of the Attorney General
425 Queen Street
Honolulu, HI  96813
Party name: Hawaii, et al.
 
David B. Salmons Bingham McCutchen LLP(202) 373-6000
2020 K Street, N.W.
Washington, DC  20006
david.salmons@bingham.com
Party name: Brian Schaffer, a Minor, By His Parents and Next Friends, Jocelyn and Martin Schaffer, et al. v. Jerry Weast, Superintendent, Montgomery County Public Schools, et al.
 
Leslie Robert Stellman Hodes Pessin & Katz PA(410) 938-8800
901 Dulaney Valley Road
Suite 400
Towson, MD  21204
lstellman@hpklegal.com
Party name: National School Boards Association
 
William E. Thro State Solicitor General(804) 786-2436
Office of Attorney General
900 East Main Street
Richmond, VA  23219
wthro@oag.state.va.us
Party name: Virginia, et al.
 
Joseph Thomas Tokarz II. P.O. Box 27032(804) 501-4351
Richmond, VA  23273
Party name: Virginia School Boards Association and Five Other Board Associations

 

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