No. 26-244
 
Title: The Kroger Co., dba Fred Meyer, Inc., Petitioner
v.
Elisha Solano, Individually and on Behalf of Other Customers, et al.
Docketed: August 25, 2026
Lower Ct: United States Court of Appeals for the Ninth Circuit
   Case Numbers: (25-536)
   Decision Date: May 19, 2026
 
Proceedings and Orders
Aug 17 2026 Petition for a writ of certiorari filed. (Response due September 24, 2026)
Petition Appendix Certificate of Word Count Proof of Service
Aug 31 2026 Waiver of right of respondent Elisha Solano, Individually and on Behalf of Other Customers, et al. to respond filed.
Main Document
Sep 02 2026 DISTRIBUTED for Conference of 9/28/2026.
Sep 03 2026 Response Requested. (Due October 5, 2026)
Sep 15 2026 Motion to extend the time to file a response from October 5, 2026 to November 4, 2026, submitted to The Clerk.
Main Document
Sep 16 2026 Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2026.
Oct 05 2026 Brief amicus curiae of The Retail Litigation Center, Inc. filed.
Main Document Certificate of Word Count Proof of Service
Oct 05 2026 Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Main Document Certificate of Word Count Proof of Service
Oct 19 2026 Motion to extend the time to file a response from November 4, 2026 to December 4, 2026, submitted to The Clerk.
Main Document
Oct 20 2026 Motion to extend the time to file a response is granted and the time is further extended to and including December 4, 2026.
Attorneys
Attorneys for Petitioner
James Reid Sigel
Counsel of Record
Davis Wright Tremaine LLP
920 Fifth Avenue
Suite 3300
Seattle, WA 98104

jamessigel@dwt.com
Ph: 2067578340
Party name: The Kroger Co. dba Fred Meyer


Attorneys for Respondents
Michael Robert Fuller
Counsel of Record
Underdog Law Office
US Bancorp Tower, 111 SW 5th Ave.
Suite 3150
Portland, OR 97204

michael@underdoglawyer.com
Ph: 5032222000
Party name: Elisha Solano, Individually and on Behalf of Other Customers, et al.


Other Attorneys
Ephraim Alexander McDowell
Counsel of Record
Cooley LLP
1299 Pennsylvania Avenue NW
Washington, DC 20004

emcdowell@cooley.com
Ph: 202-842-7800
Party name: The Retail Litigation Center, Inc.


Candice C. Wong
Counsel of Record
Fried, Frank, Harris, Shriver & Jacobson LLP
801 17th Street, NW
Washington, DC 20006

candice.wong@friedfrank.com
Ph: (202) 639-7000
Party name: Chamber of Commerce of the United States of America, American Tort Reform Association, and Business Roundtable