| No. 21-1158 | |
| Title: | Joseph Percoco, Petitioner v. United States, et al. |
| Docketed: | February 22, 2022 |
| Lower Ct: | United States Court of Appeals for the Second Circuit |
| Case Numbers: | (18-2990, 18-3710, 19-1272) |
| Decision Date: | September 8, 2021 |
| Rehearing Denied: | November 1, 2021 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jan 04 2022 | Application (21A298) to extend the time to file a petition for a writ of certiorari from January 30, 2022 to March 1, 2022, submitted to Justice Sotomayor. |
| Jan 07 2022 | Application (21A298) granted by Justice Sotomayor extending the time to file until March 1, 2022. |
| Feb 17 2022 | Petition for a writ of certiorari filed. (Response due March 24, 2022) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Mar 17 2022 | Motion to extend the time to file a response from March 24, 2022 to April 25, 2022, submitted to The Clerk. |
| Main Document | |
| Mar 21 2022 | Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2022. |
| Mar 24 2022 | Brief amicus curiae of New York Council of Defense Lawyers filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 05 2022 | Motion to extend the time to file a response from April 25, 2022 to May 24, 2022, submitted to The Clerk. |
| Main Document | |
| Apr 07 2022 | Motion to extend the time to file a response is granted and the time is further extended to and including May 24, 2022. |
| May 24 2022 | Brief of respondent United States in opposition filed. VIDED. |
| Main DocumentCertificate of Word Count | |
| Jun 03 2022 | Reply of petitioner Joseph Percoco filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 07 2022 | DISTRIBUTED for Conference of 6/23/2022. |
| Jun 29 2022 | DISTRIBUTED for Conference of 6/29/2022. |
| Jun 30 2022 | Petition GRANTED. |
| Jul 13 2022 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jul 22 2022 | Motion 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 August 31, 2022. The time to file respondent's brief on the merits is extended to and including October 18, 2022. |
| Aug 31 2022 | Brief of petitioner Joseph Percoco filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 31 2022 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentOtherOtherOtherOtherOtherProof of ServiceOther | |
| Aug 31 2022 | Brief of respondent Steven Aiello in support of petitioner filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 07 2022 | Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 07 2022 | Brief amicus curiae of New York Council of Defense Lawyers filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 07 2022 | Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 07 2022 | Brief amici curiae of Citizens United, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 18 2022 | SET FOR ARGUMENT on Monday, November 28, 2022. |
| Oct 18 2022 | Brief of respondent United States filed. |
| Main DocumentProof of Service | |
| Oct 20 2022 | Motion for divided argument filed by respondent Steven Aiello in support of petitioner. |
| Main DocumentProof of Service | |
| Oct 25 2022 | CIRCULATED. |
| Oct 28 2022 | Record requested from the U.S.C.A. 2nd Circuit. |
| Oct 31 2022 | Record from the U.S.C.A. 2nd Circuit has been electronically filed. |
| Nov 07 2022 | Motion for divided argument filed by respondent Steven Aiello in support of petitioner DENIED. |
| Nov 07 2022 | Record received from the U.S.D.C. Southern District of New York. The documents are Sealed Impounded. ( One envelope ). Also one CD with Sealed documents has been electronically filed. |
| Nov 10 2022 | Reply of petitioner Joseph Percoco filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 15 2022 | Reply of respondent Steven Aiello in support of petitioner filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Nov 28 2022 | Argued. For petitioner: Jacob M. Roth, Washington, D. C. For respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| May 11 2023 | Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined, and in which Jackson, J., joined as to all but Part II–C–2. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. |
| May 18 2023 | Record returned to the U.S.D.C. Southern District of New York (CD-ROM and Sealed materials). |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Jacob Moshe Roth Counsel of Record | Jones Day 51 Louisiana Ave., NW Washington, DC 20001 yroth@jonesday.com | (202) 879-3939 |
| Party name: Joseph Percoco | ||
| Attorneys for Respondents | ||
| Elizabeth B. Prelogar Counsel of Record | United States Department of Justice
950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: United States | ||
| Alexandra Anastasia Ekaterina Shapiro Counsel of Record | Shapiro Arato Bach LLP 500 Fifth Avenue 40th Floor New York, NY 10110 ashapiro@shapiroarato.com | 212 257-4880 |
| Party name: Steven Aiello in support of petitioner | ||
| Other | ||
| Joshua Lewis Dratel Counsel of Record | 29 Broadway Suite 1412 New York, NY 10006 jdratel@joshuadratel.com | 2127320707 |
| Party name: The National Association of Criminal Defense Lawyers | ||
| Gary Michael Lawkowski Counsel of Record | Dhillon Law Group, Inc. 2121 Eisenhower Avenue, Suite 402 Alexandria, VA 22314 GLawkowski@dhillonlaw.com | 703-965-0330 |
| Party name: Citizens United, Citizens United Foundation, and the Presidential Coalition | ||
| Roman Martinez V Counsel of Record | Latham & Watkins, LLP 555 Eleventh Street, NW Suite 1000 Washington, DC 20004 roman.martinez@lw.com | 202-637-3377 |
| Party name: The Chamber of Commerce of the United States of America | ||
| Harry Sandick Counsel of Record | Patterson Belknap Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 hsandick@pbwt.com | (212)336-2000 |
| Party name: New York Council of Defense Lawyers | ||