No. 17-498
Vide 17-499, 17-500, 17-501, 17-502, 17-503, 17-504
 
Title: Daniel Berninger, Petitioner
v.
Federal Communications Commission, et al.
Docketed: October 3, 2017
Linked with: 17A54
Lower Ct: United States Court of Appeals for the District of Columbia Circuit
   Case Numbers: (15-1063, 15-1078, 15-1086, 15-1090, 15-1091, 15-1092, 15-1095, 15-1099, 15-1117, 15-1128, 15-1151, 15-1164)
   Decision Date: June 14, 2016
   Rehearing Denied: May 1, 2017
 
Proceedings and Orders
Jul 10 2017 Application (17A54) to extend the time to file a petition for a writ of certiorari from July 30, 2017 to September 28, 2017, submitted to The Chief Justice.
Jul 20 2017 Application (17A54) granted by The Chief Justice extending the time to file until September 28, 2017.
Sep 27 2017 Petition for a writ of certiorari filed. (Response due November 2, 2017)
Oct 11 2017 Blanket Consent filed by Petitioner, Daniel Berninger
Oct 12 2017 Blanket Consent filed by respondents, United States Telecom Association, CenturyLink, Inc. VIDED
Oct 13 2017 Blanket Consent filed by respondent-interveners, Free Press, Open Technology Institute-New America and Public Knowledge.(VIDED)
Oct 13 2017 Blanket Consent filed by respondent-intervenor, Cogent Communications, Inc.(VIDED)
Oct 14 2017 Blanket Consent filed by respondent-intervenor, Center for Democracy & Technology VIDED
Oct 18 2017 Blanket Consent filed by respondent-intervenor, Akamai Technologies, Inc. VIDED
Oct 23 2017 Waiver of right of respondent NTCA - The Internet and Television Association to respond filed.
Oct 24 2017 Blanket Consent filed by respondent-intervenor, Ad Hoc Telecommunications Users Committee VIDED
Oct 24 2017 Waiver of right of respondent United States Telecom Association, CenturyLink, Inc. to respond filed.
Oct 25 2017 Order extending time to file response to petition to and including December 4, 2017, for all respondents.
Oct 25 2017 Waiver of right of respondent CTIA - The Wireless Association to respond filed.
Oct 30 2017 Blanket Consent filed by respondent, NTCA - The Internet and Television Association. VIDED
Nov 01 2017 Blanket Consent filed by respondent-intervenors, COMPTEL (d/b/a INCOMPAS), et al. VIDED
Nov 02 2017 Brief amici curiae of Competitive Enterprise Institute, et al. filed.
Nov 02 2017 Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.
Nov 02 2017 Brief amici curiae of Judicial Watch, Inc., et al. filed. VIDED.
Nov 02 2017 Brief amicus curiae of International Center for Law & Economics filed.
Nov 08 2017 Blanket Consent filed by Respondent, CTIA - The Wireless Association.
Nov 22 2017 Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk.
Nov 27 2017 Order further extending time to file response to petition to and including January 3, 2018, for all respondents.
Dec 18 2017 Motion to extend the time to file a response from January 3, 2018 to February 2, 2018, submitted to The Clerk.
Dec 19 2017 Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2018, for all respondents.
Jan 19 2018 Motion to extend the time to file a response from February 2, 2018 to March 5, 2018, submitted to The Clerk.
Jan 23 2018 Motion to extend the time to file a response is granted and the time is further extended to and including March 5, 2018, for all respondents.
Mar 02 2018 Motion to extend the time to file a response from March 5, 2018 to April 4, 2018, submitted to The Clerk.
Mar 05 2018 Motion to extend the time to file a response is granted and the time is further extended to and including April 4, 2018, for all respondents.
Mar 30 2018 Motion to extend the time to file a response from April 4, 2018 to May 4, 2018, submitted to The Clerk.
Apr 02 2018 Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2018, for all respondents.
Apr 27 2018 Motion to extend the time to file a response from May 4, 2018 to June 4, 2018, submitted to The Clerk.
Apr 30 2018 Motion to extend the time to file a response is granted and the time is further extended to and including June 4, 2018, for all respondents.
May 30 2018 Motion to extend the time to file a response from June 4, 2018 to August 15, 2018, submitted to The Clerk.
May 30 2018 Motion to extend the time to file a response is granted and the time is further extended to and including August 15, 2018, for all respondents.
Aug 02 2018 Brief of Federal Respondents filed. VIDED.
Aug 07 2018 Motion to extend the time to file a response from August 15, 2018 to September 14, 2018, submitted to The Clerk.
Aug 09 2018 Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2018, for all respondents.
Sep 14 2018 Brief of respondent Free Press in opposition filed. VIDED.
Sep 14 2018 Brief of respondents Public Knowledge, et al. in opposition filed. VIDED.
Sep 27 2018 Reply of petitioner Daniel Berninger filed.
Oct 03 2018 DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018 DISTRIBUTED for Conference of 11/2/2018.
Nov 05 2018 Petition DENIED. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the petition, vacate the judgment of the United States Court of Appeals for the District of Columbia Circuit, and remand to that court with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). The Chief Justice and Justice Kavanaugh took no part in the consideration or decision of this petition.
Attorneys
Attorneys for Petitioners
Anthony Thomas Caso
Counsel of Record
Constitutional Counsel Group
1628 N Main St. #289
Salinas, CA 93906

ATCASO@CCG1776.COM
Ph: 916-601-1916
Party name: Daniel Berninger


Attorneys for Respondents
Robert Michael Cooper
Counsel of Record

1401 New York Avenue, NW
11th Floor
Washington, DC 20005

Ph: 202 237 2727
Party name: Cogent Communications, Inc.


Markham C. Erickson
Counsel of Record
Steptoe & Johnson, LLP
1330 Connections Avenue, N.W.
Washington, DC 20036-1795

merickson@steptoe.com
Ph: 202 429 3000
Party name: COMPTEL (d/b/a INCOMPAS), et al.


Miguel A. Estrada
Counsel of Record
Gibson, Dunn & Crutcher LLP
1700 M Street, N.W.
Washington, DC 20036

mestrada@gibsondunn.com
Ph: (202) 955-8500
Party name: NTCA - The Internet and Television Association


Noel John Francisco
Counsel of Record
Jones Day
51 Louisiana Avenue, NW
Washington, DC 20001

NJFRANCISCO@JONESDAY.COM
Ph: (202) 879-3939
Party name: Federal Communications Commission


Lisa Antoinette Hayes
Counsel of Record

Center for Democracy & Technology
1401 K Street, Suite 200
Washington, DC 20005

lhayes@cdt.org
Ph: 202-637-9800
Party name: Center for Democracy & Technology


Michael K. Kellogg
Counsel of Record
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
1615 M Street, NW, Suite 400
Washington, DC 20036

MKELLOGG@KELLOGGHANSEN.COM
Ph: 202-326-7902
Party name: United States Telecom Association, CenturyLink, Inc.


Stephen J. Rosen
Counsel of Record
Levine Blaszak Block & Boothby, LLP
2001 L Street, NW
Suite 900
Washington, DC 20036

Ph: 202 875 2550
Party name: Ad Hoc Telecommunications Users Committee


Kevin K. Russell
Counsel of Record
Russell & Woofter LLC
1701 Pennsylvania Ave., NW
Suite 200
Washington, DC 20006

krussell@russellwoofter.com
Ph: 2022408433
Party name: Free Press, Public Knowledge, et al.


Helgi C. Walker
Counsel of Record
Gibson, Dunn & Crutcher LLP
1700 M Street, NW
Washington, DC 20036

hwalker@gibsondunn.com
Ph: (202) 955-8500
Party name: CTIA - The Wireless Association


Christopher J. Wright
Counsel of Record
HWG LLP
1919 M Street NW, Fl. 8
Washington, DC 20036

CWRIGHT@HWGLAW.COM
Ph: 202-730-1325
Party name: Akamai Technologies, Inc.


Other Attorneys
Oliver James Dunford
Counsel of Record
Pacific Legal Foundation
4440 PGA Boulevard
Suite 307
Palm Beach Gardens, FL 33410

ODUNFORD@PACIFICLEGAL.ORG
Ph: 916.503.9060
Party name: Pacific Legal Foundation, et al.


Chris Fedeli
Counsel of Record
Judicial Watch, Inc.
Judicial Watch, Inc., 425 Third Street, SW
Washington, DC 20024

cfedeli@judicialwatch.org
Ph: 202-646-5172
Party name: Judicial Watch, Inc., et al.


Sam Kazman
Counsel of Record
1310 L Street, N.W. 7th Floor
Washington, DC 20005

sam.kazman@cei.org
Ph: (202) 331-1010
Party name: Competitive Enterprise Institute, et al.


Jeffrey A. Mandell
Counsel of Record
Stafford Rosenbaum LLP
222 West Washington Ave. P.O. Box 1784
Madison, WI 53701

JMANDELL@STAFFORDLAW.COM
Ph: 608.256.0226
Party name: International Center for Law & Economics