| No. 16-1276 | |
| Title: | Digital Realty Trust, Inc., Petitioner v. Paul Somers |
| Docketed: | April 25, 2017 |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (15-17352) |
| Decision Date: | March 8, 2017 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Apr 25 2017 | Petition for a writ of certiorari filed. (Response due May 25, 2017) |
| May 03 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Respondent. |
| May 08 2017 | Order extending time to file response to petition to and including May 30, 2017. |
| May 10 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner. |
| May 24 2017 | Brief amici curiae of New England Legal Foundation, et al. filed. (Distributed) |
| May 25 2017 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed) |
| May 25 2017 | Brief amicus curiae of DRI-The Voice of the Defense Bar filed. (Distributed) |
| May 25 2017 | Brief amicus curiae of Lime Energy Services Company filed. (Distributed) |
| May 26 2017 | Letter of May 26, 2017, from counsel for petitioner waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 received. |
| May 30 2017 | DISTRIBUTED for Conference of June 15, 2017. |
| May 30 2017 | Brief of respondent Paul Somers in opposition filed. (Distributed) |
| Jun 02 2017 | Reply of petitioner Digital Realty Trust, Inc. filed. (Distributed) |
| Jun 19 2017 | DISTRIBUTED for Conference of June 22, 2017. |
| Jun 26 2017 | Petition GRANTED. |
| Jul 06 2017 | Consent the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner. |
| Jul 12 2017 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 24, 2017. |
| Jul 12 2017 | The time to file respondent's brief on the merits is extended to and including October 10, 2017. |
| Jul 12 2017 | Motion to dispense with printing the joint appendix filed by petitioner Digital Realty Trust, Inc. |
| Jul 18 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent. |
| Aug 24 2017 | Brief of petitioner Digital Realty Trust, Inc. filed. |
| Aug 25 2017 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Aug 25 2017 | Brief amici curiae of New England Legal Foundation, et al. filed. |
| Aug 31 2017 | Brief amicus curiae of The Center for Workplace Compliance filed. |
| Aug 31 2017 | Brief amicus curiae of Cato Institute filed. |
| Aug 31 2017 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| Aug 31 2017 | Brief amici curiae of Lime Energy Services Company and Prestige Cruises International filed. |
| Oct 06 2017 | SET FOR ARGUMENT ON Tuesday, November 28, 2017. |
| Oct 10 2017 | Brief of respondent Paul Somers filed. |
| Oct 11 2017 | Motion to argue pro hac vice filed by the Solicitor General. |
| Oct 12 2017 | CIRCULATED |
| Oct 17 2017 | Brief amici curiae of National Whistleblower Center, et al. filed. (Distributed) |
| Oct 17 2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Oct 17 2017 | Brief amicus curiae of Senator Charles Grassley filed. (Distributed) |
| Oct 17 2017 | Brief amicus curiae of United States filed. (Distributed) |
| Oct 17 2017 | Brief amicus curiae of Ethical Systems, Inc. filed. (Distributed) |
| Oct 17 2017 | Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. (Distributed) |
| Oct 18 2017 | Record requested from the U.S.C.A. 9th Circuit. |
| Oct 18 2017 | Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER. |
| Nov 06 2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Nov 06 2017 | Motion to argue pro hac vice filed by the Solicitor General GRANTED. |
| Nov 09 2017 | Reply of petitioner Digital Realty Trust, Inc. filed. (Distributed) |
| Nov 28 2017 | Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Daniel L. Geyser, Dallas, Tex.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (Pro hac vice; for United States, as amicus curiae.) |
| Feb 21 2018 | Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed a concurring opinion, in which Breyer, J., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Alito and Gorsuch, JJ., joined. |
| Mar 26 2018 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Kannon K. Shanmugam Counsel of Record | Williams & Connolly, LLP 725 Twelfth Street, N.W. Washington, DC 20005 kshanmugam@wc.com | 202-434-5000 |
| Party name: Digital Realty Trust, Inc. | ||
| Attorneys for Respondent | ||
| Daniel L. Geyser Counsel of Record | Stris & Maher, LLP Three Energy Square 6688 N. Central Expy., Suite 1650 Dallas, TX 75206 daniel.geyser@strismaher.com | 214-396-6634 |
| Party name: Paul Somers | ||
| Other | ||
| Noel J. Francisco 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: the United States | ||
| Stephen M. Kohn Counsel of Record | Kohn, Kohn and Colapinto, LLP 3233 P Street, N.W. Washington, DC 20007 sk@kkc.com | (202) 342-6980 |
| Party name: National Whistleblower Center, et al. | ||
| Jaime Lynne Novikoff Counsel of Record | NT Lakis, LLP 1501 M Street, NW, Suite 400 Washington, DC 20005 jnovikoff@ntlakis.com | 202-629-5600 |
| Party name: The Center for Workplace Compliance | ||
| Steven J. Pearlman Counsel of Record | Proskauer Rose LLP 70 W. Madison, Suite 3800 Chicago, IL 60602 spearlman@proskauer.com | 312 962 3550 |
| Party name: Chamber of Commerce of the United States of America | ||
| Benjamin G. Robbins Counsel of Record | New England Legal Foundation 150 Lincoln Street Boston, MA 02111-2504 benrobbins@nelfonline.org | (617)-695-3660 |
| Party name: New England Legal Foundation, et al. | ||
| Ilya Shapiro Counsel of Record | Cato Institute 1000 Massachusetts Ave., NW Washington, DC 20001 ishapiro@cato.org | (202)-842-0200 |
| Party name: Cato Institute | ||
| Tejinder Singh Counsel of Record | Goldstein & Russell, P.C. 7475 Wisconsin Avenue Bethesda, MD 20814 tsingh@goldsteinrussell.com | 202-362-0636 |
| Party name: Senator Charles Grassley | ||
| Jason Paul Steed Counsel of Record | Kilpatrick Townsend & Stockton, LLP 2001 Ross Avenue Suite 4400 Dallas, TX 75201 jsteed@kilpatricktownsend.com | 214-992-7112 |
| Party name: Ethical Systems, Inc. | ||
| Claire Marie Sylvia Counsel of Record | Phillips & Cohen, LLP 100 The Embarcadero, Suite 300 San Francisco, CA 94105 csylvia@phillipsandcohen.com | 415-836-9000 |
| Party name: Taxpayers Against Fraud Education Fund | ||
| Collin O'Connor Udell Counsel of Record | Jackson Lewis P.C. 90 State House Square, 8th Floor Hartford, CT 06103-3708 collin.udell@jacksonlewis.com | 860-522-0404 |
| Party name: Lime Energy Services Company and Prestige Cruises International | ||
| Matthew T. Nelson | Warner Norcross & Judd LLP 900 Fifth Third Center 111 Lyon Street, N.W. Grand Rapids, MI 49503 mnelson@wnj.com | (616) 752-2539 |
| Party name: DRI-The Voice of the Defense Bar | ||
| Benjamin G. Robbins | New England Legal Foundation 150 Lincoln Street Boston, MA 02111-2504 benrobbins@nelfonline.org | (617) 695-3660 |
| Party name: New England Legal Foundation, et al. | ||