No. 02-954
Title:
National Archives and Records Administration, Petitioner
v.
Allan J. Favish, et al.
Docketed:December 20, 2002
Linked with 02A370
Lower Ct:United States Court of Appeals for the Ninth Circuit
  Case Nos.:(01-55487/55788/55789)
  Decision Date:June 6, 2002
  Rehearing Denied:August 16, 2002
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Nov 4 2002 Application (02A370) to extend the time to file a petition for a writ of certiorari from November 14, 2002 to December 14, 2002, submitted to Justice O'Connor.
Nov 5 2002 Application (02A370) granted by Justice O'Connor extending the time to file until December 16, 2002.
Dec 4 2002 Application (02A370) to extend further the time to file a writ of certiorari from December 14, 2002 to December 20, 2002, submitted to Justice O'Connor.
Dec 4 2002 Application (02A370) granted by Justice O'Connor extending the time to file until December 20, 2002.
Dec 20 2002 Petition for writ of certiorari filed. (Response due January 21, 2003)
Jan 2 2003 Waiver of right of respondent Allan J. Favish to respond filed.
Jan 21 2003 Brief of respondents Sheila Foster Anthony and Lisa Foster Moody filed.
Feb 19 2003 Response Requested . (Due March 21, 2003)
Mar 5 2003 Application (02A755) to file a brief in opposition in excess of page limits, submitted to Justice O'Connor.
Mar 11 2003 Application (02A755) denied by Justice O'Connor.
Mar 21 2003 Response to petition from respondent Allan J. Favish filed.
Apr 4 2003 Reply of petitioner Office of Independent Counsel filed.
May 5 2003 Petition GRANTED.
Jun 11 2003 Extension of time within which to file petitioner's brief on the merits to and including July 18, 2003.
Jul 16 2003 Motion for leave to file amicus brief filed by Teresa Earnhardt.
Jul 18 2003 Brief of respondents Sheila Foster Anthony and Lisa Foster Moody in support of the petitioner filed.
Jul 18 2003 Joint appendix filed.
Jul 18 2003 Brief of petitioner Office of Independent Counsel filed.
Jul 23 2003 Motion for divided argument filed by petitioner Office of Independent Counsel.
Aug 6 2003 Brief of respondent Allan J. Favish filed.
Aug 18 2003 Brief amici curiae of Association of American Physicians & Surgeons, Inc., et al. filed.
Aug 21 2003 Motion for leave to participate in oral argument as amici curiae and for divided argument filed by Reporters Committee for Freedom of the Press, et al.
Aug 21 2003 Brief amicus curiae of Silha Center for the Study of Media Ethics and Law filed.
Aug 22 2003 Brief amici curiae of Reporters Committee for Freedom of the Press, et al., filed.
Aug 25 2003 Motion for divided argument filed by petitioner GRANTED.
Aug 25 2003 Application (03A159) to extend the time to file petitioner's reply brief on the merits from September 10, 2003 to September 24, 2003, submitted to Justice O'Connor.
Aug 25 2003 Motion for leave to file amicus brief filed by Teresa Earnhardt GRANTED.
Aug 27 2003 Application (03A159) granted by Justice O'Connor extending the time to file petitioner's reply brief on the merits until September 24, 2003.
Aug 27 2003 Application (03A174) of respondents Foster, et al., in support of petitioner, to extend the time to file a reply brief on the merits from September 10, 2003 to September 24, 2003, submitted to Justice O'Connor.
Aug 27 2003 Application (03A174) granted by Justice O'Connor extending the time to file until September 24, 2003.
Sep 24 2003 Reply of respondents Sheila Foster Anthony and Lisa Foster Moody filed.
Sep 24 2003 SET FOR ARGUMENT Wednesday, December 3, 2003.
Sep 24 2003 Reply of petitioner Office of Independent Counsel filed.
Oct 3 2003 CIRCULATED.
Oct 6 2003 Motion for leave to participate in oral argument as amici curiae and for divided argument DENIED.
Oct 22 2003 Record received from the U.S.C.A. for the Ninth Circuit. (1 envelope; 1 envelope sealed)
Oct 23 2003 Record received from the U.S.D.C. for the Central District of California. (1 box - a portion of record is sealed)
Dec 3 2003 Argued. For petitioner: Patricia A. Millett, Assistant to the Solicitor General, Department of Justice, Washington, D.C. For respondents Anthony and Moody in support of petitioner: James Hamilton. For respondents: Allan J. Favish.
Dec 4 2003 Letter from counsel for respondents Anthony and Moody received and distributed.
Mar 30 2004 Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion for a unanimous Court.
Apr 21 2004 Petition for Rehearing filed.
Apr 27 2004 DISTRIBUTED for Conference of May 13, 2004.
May 17 2004 Rehearing DENIED.
May 17 2004 JUDGMENT ISSUED.
Jun 2 2004 Acknowledgement of receipt (05/21/04) of judgment from Clerk, United States Court of Appeals for the Ninth Circuit received.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Theodore B. Olson Gibson, Dunn & Crutcher LLP(202) 955-8500
    Counsel of Record1050 Connecticut Avenue, NW
Washington, DC  20036
tolson@gibsondunn.com
Party name: Office of Independent Counsel
 
Patricia A. Millett Akin, Gump, Strauss, Hauer & Feld LLP(202) 887-4000
1333 New Hampshire Avenue, N.W.
Washington, DC  20036-1564
pmillett@akingump.com
Party name: Office of Independent Counsel
Attorneys for Respondent:
James Hamilton Bingham McCutchen, LLP(202) 373-6791
    Counsel of Record2020 K Street, N.W.
Washington, DC  20016
Party name: Sheila Foster Anthony and List Foster Moody
 
Allan J. Favish 22406 Holly Court(661) 513-2068
Santa Clarita, CA  91390-4202
Party name: Allan J. Favish
Other:
Jane E. Kirtley Jr. School of Journalism and Mass Communication(612) 625-9038
University of Minnesota
111 Murphy Hall
206 church St., SE
Minneapolis, MN  55455
Party name: Silha Center for the Study of Media Ethics and Law
 
Deanne E. Maynard Morrison & Foerster LLP(202) 887-8740
2000 Pennsylvania Avenue, N.W.
Washington, DC  20006
DMaynard@mofo.com
Party name: Reporters Committee for Freedom of the Press, et al.,
 
Parker D. Thomson Hogan & Hartson(305) 459-6500
1111 Brickell Avenue
19th Floor
Miami, FL  33131
Party name: Teresa Earnhardt
 
Karen B. Tripp 2245 Shakespeare Road(713) 658-9323
Houston, TX  77030
Party name: Association of American Physicians & Surgeons, Inc., et al.