No. 17-1606
Title:Ricky Lee Smith, Petitioner
v.
Nancy A. Berryhill, Acting Commissioner of Social Security
Docketed:May 29, 2018
Linked with 17A1121
Lower Ct:United States Court of Appeals for the Sixth Circuit
   Case Numbers:(17-5809)
   Decision Date:January 26, 2018
   Rehearing Denied:
  Discretionary Court Decision Date:
Analyst:
Questions Presented

DateProceedings and Orders
Apr 13 2018Application (17A1121) to extend the time to file a petition for a writ of certiorari from April 26, 2018 to May 25, 2018, submitted to Justice Kagan.
Main DocumentProof of ServiceOther
Apr 19 2018Application (17A1121) granted by Justice Kagan extending the time to file until May 25, 2018.
May 25 2018Petition for a writ of certiorari filed. (Response due June 28, 2018)
Proof of ServiceCertificate of Word CountPetition
May 25 2018Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
Jun 21 2018Motion to extend the time to file a response from June 28, 2018 to July 30, 2018, submitted to The Clerk.
Main Document
Jun 22 2018Motion to extend the time to file a response is granted and the time is extended to and including July 30, 2018.
Jul 11 2018Motion to extend the time to file a response from July 30, 2018 to September 7, 2018, submitted to The Clerk.
Main Document
Jul 12 2018Motion to extend the time to file a response is granted and the time is further extended to and including September 7, 2018.
Sep 04 2018Motion to extend the time to file a response from September 7, 2018 to September 21, 2018, submitted to The Clerk.
Main Document
Sep 05 2018Motion to extend the time to file a response is granted and the time is further extended to and including September 21, 2018.
Sep 21 2018Brief of respondent Nancy A. Berryhill, Deputy Commisioner for Operations, Social Security Administration filed.
Main DocumentProof of Service
Oct 10 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018DISTRIBUTED for Conference of 11/2/2018.
Nov 02 2018Petition GRANTED.
Nov 02 2018As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
Nov 05 2018Deepak Gupta, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
Dec 10 2018Motion for an extension of time to file the briefs on the merits filed.
Main Document
Dec 11 2018Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 19, 2018. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including January 22, 2019.
Dec 19 2018Joint appendix filed. (Statement of costs filed)
Main DocumentProof of Service
Dec 19 2018Brief of petitioner Ricky Lee Smith filed.
Main DocumentCertificate of Word CountProof of Service
Dec 19 2018Brief of respondent in support of reversal and remand filed.
Proof of ServiceMain Document
Dec 26 2018Brief amicus curiae of National Organization of Social Security Claimants' Representatives filed.
Main DocumentProof of ServiceCertificate of Word Count
Jan 04 2019Motion for an extension of time to file the brief on the merits of Court-appointed amicus curiae in support of the judgment below filed.
Main Document
Jan 14 2019Motion for a further extension of time to file the brief on the merits of Court-appointed amicus curiae in support of the judgment below filed.
Main Document
Jan 15 2019Motion to further extend the time to file the brief on the merits of Court-appointed amicus curiae in support of the judgment below is granted, and the time is extended to and including February 4, 2019.
Jan 25 2019SET FOR ARGUMENT on Monday, March 18, 2019
Feb 04 2019Brief of Court-appointed amicus curiae in support of the judgment below filed.
Main DocumentCertificate of Word CountProof of Service
Feb 11 2019Motion for divided argument filed by respondent Nancy A. Berryhill, Deputy Commisioner for Operations, Social Security Administration.
Proof of ServiceMain Document
Feb 14 2019CIRCULATED
Feb 21 2019Record requested from the U.S.C.A. 6th Circuit.
Feb 21 2019The record from the U.S.C..A is electronic and located on PACER, with the exception of restricted documents that are electronic.
Feb 25 2019Motion for divided argument filed by the Solicitor General GRANTED, and the time is divided as follows: 15 minutes for petitioner, 15 minutes for the Solicitor General, and 30 minutes for Court-appointed amicus curiae in support of the judgment below.
Feb 28 2019Reply of petitioner Ricky Lee Smith filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Mar 06 2019Reply of respondent filed. (Distributed)
Main DocumentCertificate of Word Count
Mar 18 2019Argued. For petitioners: Michael B. Kimberly, Washington, D. C. For respondent in support of reversal and remand: Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Deepak Gupta, Washington, D. C.

NAMEADDRESSPHONE
Attorneys for Petitioner
Andrew John Pincus
    Counsel of Record
Mayer Brown LLP
1999 K Street, NW
Washington, DC 20006

apincus@mayerbrown.com
(202) 263-3220
Party name: Ricky Lee Smith
Michael B. KimberlyMayer Brown, LLP
1999 K Street, NW
Washington, DC 20006

mkimberly@mayerbrown.com
(202) 263-3127
Party name: Ricky Lee Smith
Attorneys for Respondent
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: Nancy A. Berryhill, Deputy Commisioner for Operations, Social Security Administration
Other
Deepak Gupta
    Counsel of Record
Gupta Wessler PLLC
1900 L Street, NW
Suite 312
Washington, DC 20036

deepak@guptawessler.com
(202) 888-1741
Party name: Court-appointed amicus curiae in support of the judgment below
Carolyn A. Kubitschek
    Counsel of Record
Lansner & Kubitschek
325 Broadway, Suite 203
New York, NY 10007

ckubitschek@lanskub.com
2123490900
Party name: National Organization of Social Security Claimants' Representatives