No. 20-1374
 
Title: CVS Pharmacy, Inc., et al., Petitioners
v.
John Doe, One, et al.
Docketed: March 31, 2021
Lower Ct: United States Court of Appeals for the Ninth Circuit
   Case Numbers: (19-15074)
   Decision Date: December 9, 2020
   Rehearing Denied: January 15, 2021
Questions Presented
 
Proceedings and Orders
Mar 26 2021 Petition for a writ of certiorari filed. (Response due April 30, 2021)
Petition Appendix Certificate of Word Count Proof of Service
Apr 05 2021 Motion to extend the time to file a response from April 30, 2021 to June 1, 2021, submitted to The Clerk.
Main Document
Apr 05 2021 Motion to extend the time to file a response is granted and the time is extended to and including June 1, 2021.
Apr 30 2021 Brief amicus curiae of America's Health Insurance Plans filed.
Main Document Certificate of Word Count Proof of Service
Apr 30 2021 Brief amici curiae of Washington Legal Foundation and Independent Women's Law Center filed.
Main Document Certificate of Word Count Proof of Service
Apr 30 2021 Brief amicus curiae of Pharmaceutical Care Management Association filed.
Main Document Proof of Service Certificate of Word Count
Apr 30 2021 Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Main Document Proof of Service Certificate of Word Count
Jun 01 2021 Brief of respondents John Doe One, et al. in opposition filed.
Main Document Proof of Service Certificate of Word Count
Jun 02 2021 Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
Main Document
Jun 08 2021 DISTRIBUTED for Conference of 6/24/2021.
Jun 08 2021 Reply of petitioners CVS Pharmacy, Inc., et al. filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Jul 01 2021 DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021 Petition GRANTED limited to Question 1 presented by the petition.
Jul 14 2021 Motion for an extension of time to file the briefs on the merits filed.
Main Document
Jul 20 2021 Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. The time to file respondents' brief on the merits is extended to and including October 22, 2021.
Jul 22 2021 Suggestion of death and motion to substitute Richard Roe, authorized representative, as a respondent in place of John Doe Two, Deceased filed by respondents.
Main Document
Aug 23 2021 Motion to substitute Richard Roe, authorized representative, as a respondent in place of John Doe Two, Deceased GRANTED.
Aug 30 2021 Suggestion of death and motion to substitute John Doe Four, authorized representative, as a respondent in place of John Doe Three, Deceased filed by respondents.
Main Document
Sep 03 2021 Brief of petitioners CVS Pharmacy, Inc., et al. filed.
Main Document Certificate of Word Count Certificate of Word Count
Sep 03 2021 Joint appendix filed. (Statement of costs filed)
Proof of Service Main Document
Sep 08 2021 Brief amici curiae of Washington Legal Foundation and Cato Institute filed.
Main Document Certificate of Word Count Proof of Service
Sep 10 2021 Brief amicus curiae of America's Health Insurance Plans filed.
Main Document Certificate of Word Count Proof of Service
Sep 10 2021 Brief amicus curiae of Independent Women's Law Center filed.
Main Document Certificate of Word Count Proof of Service
Sep 10 2021 Brief amici curiae of National Conference of State Legislatures, et al. filed.
Main Document Certificate of Word Count Proof of Service
Sep 10 2021 Brief amici curiae of the District of Columbia, et al., in support of neither party.
Main Document Certificate of Word Count Proof of Service
Sep 10 2021 Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Main Document Certificate of Word Count Proof of Service
Sep 10 2021 Brief amicus curiae of Pharmaceutical Care Management Association filed.
Main Document Certificate of Word Count Proof of Service
Sep 10 2021 Brief amici curiae of Louisiana, et al. filed.
Main Document Certificate of Word Count Proof of Service
Sep 20 2021 SET FOR ARGUMENT on Tuesday, December 7, 2021.
Sep 27 2021 Record requested from the U.S.C.A. 9th Circuit.
Oct 04 2021 Motion to substitute John Doe Four, authorized representative, as a respondent in place of John Doe Three, Deceased GRANTED.
Oct 14 2021 The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer, also received one sealed document that has been electronically filed.
Oct 18 2021 Record received from the U.S.D.C. California Northern District (San Francisco) has been received and is electronically filed.
Oct 22 2021 Brief of respondents John Doe One, et al. filed.
Main Document Certificate of Word Count Proof of Service
Oct 26 2021 Brief amicus curiae of AIDS Healthcare Foundation filed.
Main Document Certificate of Word Count Proof of Service
Oct 28 2021 Brief amicus curiae of United States filed.
Proof of Service Main Document
Oct 28 2021 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Proof of Service Main Document
Oct 29 2021 CIRCULATED
Oct 29 2021 Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 29 2021 Amicus brief of Paralyzed Veterans of America et al. not accepted for filing. (Corrected version submitted) (November 03, 2021)
Oct 29 2021 Brief amici curiae of Paralyzed Veterans of America, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service Other
Oct 29 2021 Amici brief of The Arc of the United States and the American Association of People with Disabilities, et al. not accepted for filing. (Corrected version submitted--November 05, 2021).
Oct 29 2021 Brief amici curiae of The Arc of the United States and the American Association of People with Disabilities, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 29 2021 Brief amici curiae of Center for Health Law & Policy Innovation, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 29 2021 Brief amicus curiae of Council of Parent Attorneys and Advocates filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Oct 29 2021 Brief amicus curiae of Emory Environmental Law Society filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 29 2021 Brief amici curiae of National Health Law Program and Disability Rights California filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 29 2021 Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Nov 08 2021 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Nov 11 2021 Joint stipulation to dismiss the writ of certiorari pursuant to Rule 46.1 filed.
Main Document
Nov 12 2021 Writ of Certiorari Dismissed - Rule 46.
Attorneys
Attorneys for Petitioners
Lisa S. Blatt
Counsel of Record
Williams & Connolly LLP
725 12th Street, NW
Washington, DC 20005
lblatt@wc.com
Ph: 202-434-5050
Party name: CVS Pharmacy, Inc., et al.


Attorneys for Respondents
Gerald Sinclair Flanagan
Counsel of Record
Consumer Watchdog
6330 San Vicente Blvd., Suite 250
Los Angeles, CA 90048
jerry@consumerwatchdog.org
Ph: 3103920522
Party name: John Doe One, et al.


Other Attorneys
Elizabeth B. Prelogar
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: United States


Loren L. AliKhan
Counsel of Record
D.C. Office of the Attorney General
Office of the Solicitor General
400 6th Street, NW, Suite 8100
Washington, DC 20001
loren.alikhan@dc.gov
Ph: 202-727-6287
Party name: The District of Columbia and 17 states


Selene Almazan-Altobelli
Counsel of Record
Counsel of Parent Attorneys and Advocates
PO Box 6767
Towson, MD 21285
selene@copaa.org
Ph: 3019284755
Party name: Council of Parent Attorneys and Advocates


Kevin Michael Costello
Counsel of Record
Center for Health Law & Policy Innovation of Harvard Law School
1585 Massachusetts Avenue
Cambridge, MA 02138
kcostello@law.harvard.edu
Ph: 6174960901
Party name: Center for Health Law & Policy Innovation, et al.


Jonathan Michael Eisenberg
Counsel of Record
AIDS Healthcare Foundation
6255 West Sunset Boulevard
21st Floor
Los Angeles, CA 90028
jonathan.eisenberg@ahf.org
Ph: 323-860-5361
Party name: AIDS Healthcare Foundation


Gregory George Garre
Counsel of Record
Latham & Watkins LLP
555 11th Street, NW
Suite 1000
Washington, DC 20004
gregory.garre@lw.com
Ph: 202-637-2207
Party name: The Chamber of Commerce of the United States of America


Brianne Jenna Gorod
Counsel of Record
Constitutional Accountability Center
1200 18th Street, NW
Suite 501
Washington, DC 20036
brianne@theusconstitution.org
Ph: 202 296 6889
Party name: Constitutional Accountability Center


Michael B. Kimberly
Counsel of Record
McDermott Will & Emery LLP
500 North Capitol Street, NW
The McDermott Building
Washington, DC 20001
mkimberly@mwe.com
Ph: (202) 756-8901
Party name: Pharmaceutical Care Management Association


Paul Robert Koster
Counsel of Record
Emory Law School Supreme Court Advocacy Program
1301 Clifton Road
Atlanta, GA 30322
paul.koster@emory.edu
Ph: 4047273957
Party name: Emory Environmental Law Society


John Mercer Masslon II
Counsel of Record
Washington Legal Foundation
2009 Massachusetts Ave. NW
Washington, DC 20036
jmasslon@wlf.org
Ph: (202) 588-0302
Party name: Washington Legal Foundation and Cato Institute


John Mercer Masslon II
Counsel of Record
Washington Legal Foundation
2009 Massachusetts Ave. NW
Washington, DC 20036
jmasslon@wlf.org
Ph: (202) 588-0302
Party name: Washington Legal Foundation and Independent Women's Law Center


Elizabeth B. McCallum
Counsel of Record
Baker Hostetler LLC
1050 Connecticut Ave. NW
Suite 1100
Washington, DC 20036
emccallum@bakerlaw.com
Ph: 2022573541
Party name: Paralyzed Veterans of America et al.


Michael Hugh McGinley
Counsel of Record
Dechert LLP
1900 K Street, NW
Washington, DC 20006
michael.mcginley@dechert.com
Ph: (202) 261-3300
Party name: National Conference of State Legislatures, et al.


Coty Rae Montag
Counsel of Record
NAACP Legal Defense and Educational Fund, Inc.
700 14th Street, NW
Suite 600
Washington, DC 20005
cmontag@naacpldf.org
Ph: (202) 682-1300
Party name: NAACP Legal Defense and Educational Fund, Inc.


John Savage Moran
Counsel of Record
McGuireWoods LLP
888 16th Street N.W.
Suite 500
Washington, DC 20006
jmoran@mcguirewoods.com
Ph: (202) 828-2817
Party name: Independent Women's Law Center


Elizabeth Baker Murrill
Counsel of Record
Louisiana Dept. of Justice
1885 N. Third Street
Baton Rouge, LA 70802
murrille@ag.louisiana.gov
Ph: (225) 326-6766
Party name: States of Louisiana, Arkansas, Florida, Georgia, Indiana, Mississippi, Nebraska, South Carolina, Tennessee, Texas, and Utah


Amy Farr Robertson
Counsel of Record
Fox & Robertson, PC
1550 Larimer Street
Suite 1113
Denver, CO 80202
arob@foxrob.com
Ph: 303-416-8673
Party name: The Arc of the United States and the American Associatio of People with Disabilities, et al.


Pratik Arvind Shah
Counsel of Record
Akin Gump Strauss Hauer & Feld, LLP
2001 K Street N.W.
Washington, DC 20006
pshah@akingump.com
Ph: 202-887-4210
Party name: America's Health Insurance Plans


Wayne Turner
Counsel of Record
National Health Law Program
1444 l Street NW, Suite 1105
Washington, DC 20005
turner@healthlaw.org
Ph: (202) 289-7661
Party name: National Health Law Program and Disability Rights California