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Docket for 22O138
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Search documents in this case:
No. 22O138
Title:South Carolina, Plaintiff
v.
North Carolina
Docketed:June 8, 2007
Lower Ct:
   Case Numbers:
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:
Analyst:
Questions Presented

DateProceedings and Orders
Jun 07 2007Documents filed with the Special Master are available at https://www.supremecourt.gov/SpecMastRpt/Orig138.aspx
Jun 08 2007Motion for leave to file a bill of complaint filed. (Response due August 7, 2007)
Jun 08 2007Application (06A1150) preliminary injunction, submitted to The Chief Justice.
Jun 12 2007Response to Application requested by the Chief Justice due on or before August 7, 2007.
Aug 07 2007Brief of respondent North Carolina in opposition filed.
Aug 07 2007Response to application from respondent North Carolina filed.
Aug 22 2007Application (06A1150) referred to the Court by The Chief Justice.
Aug 22 2007DISTRIBUTED for Conference of September 24, 2007.
Aug 22 2007Reply to response to application for preliminary injunction from South Carolina filed. (Distributed)
Aug 22 2007Reply of petitioner South Carolina, Plaintiff filed. (Distributed)
Oct 01 2007Motion for leave to file a bill of complaint GRANTED. Defendant is allowed thirty days within which to file an answer.
Oct 01 2007Application (06A1150) denied by the Court
Oct 24 2007Order extending time to file an answer to and including November 30, 2007.
Nov 30 2007Motion for leave to intervene filed by Duke Energy Carolinas, LLC.
Nov 30 2007Answer to Bill of Complaint filed by North Carolina
Nov 30 2007Motion for leave to intervene filed by Catawba River Water Supply Project.
Dec 11 2007Opposition to Duke Energy Carolinas, LLC's motion to intervene filed by South Carolina, Plaintiff . (Distributed)
Dec 12 2007DISTRIBUTED for Conference of January 4, 2008.
Dec 13 2007Opposition to The Catawba River Water Supply Project's motion to intervene filed by South Carolina, Plaintiff. (Distributed)
Dec 14 2007Reply Brief in Support of the Motion of the Catawba River Water Supply Project for leave to intervene filed. (Distributed)
Dec 19 2007Reply Brief in Support of the Motion of Duke Energy Carolinas, LLC for leave to intervene filed. (Distributed)
Jan 07 2008Motion DISTRIBUTED for Conference of January 11, 2008.
Jan 15 2008Kristin Linsley Myles, Esq., of San Francisco, California, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as she may deem it necessary to call for. The Special Master is directed to submit Reports as she may deem appropriate. The compensation of the Special Master, the allowances to her, the compensation paid to her legal, technical, stenographic and clerical assistants, the cost of printing her Reports, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct. .
Jan 15 2008Motion for leave to intervene filed by Catawba River Water Supply Project is referred to the Special Master.
Jan 15 2008Motion for leave to intervene filed by Duke Energy Carolinas, LLC is referred to the Special Master.
Feb 13 2008Motion for leave to intervene filed by City of Charlotte, North Carolina.
Feb 25 2008Response to City of Charlotte's motion for leave to intervene and file answer filed by respondent North Carolina.
Feb 25 2008Opposition to City of Charlotte's motion for leave to intervene by South Carolina, Plaintiff filed.
Feb 27 2008Motion DISTRIBUTED for Conference of March 14, 2008.
Mar 11 2008Reply Brief in Support of the Motion of the City of Charlotte, North Carolina for leave to intervene filed. (Distributed)
Mar 17 2008The motion of City of Charlotte, North Carolina for leave to intervene is referred to the Special Master.
Nov 28 2008First Interim Report of the Special Master filed.
Dec 03 2008DISTRIBUTED for Conference of January 9, 2009.
Dec 09 2008Motion for leave to file exceptions to First Interim Report of the Special Master and Brief in Support of its Motion for Leave to File Exceptions filed by petitioner South Carolina, Plaintiff. (Distributed)
Dec 09 2008Letter filed by Catawba River Water Supply Project. (Distributed)
Dec 18 2008Intervenors' Response to the Motion of the State of South Carolina for Leave to File Exceptions to the First Interim Report of the Special Master. (Distributed)
Dec 19 2008Response to South Carolina's Motion to File Exceptions to the Special Master's First Interim Report filed by respondent North Carolina. (Distributed)
Dec 22 2008Reply of plaintiff South Carolina in Support of its Motion to File Exceptions to First Interim Report of the Special Master, filed. (Distributed)
Jan 09 2009The Report of the Special Master is received and ordered filed. The motion for leave to file exceptions to First Interim Report of the Special Master is GRANTED. Parties and intervenors may file exceptions to the Report, with supporting briefs, on or before 2 p.m. Friday, February 13, 2009. Reply briefs, if any, are to be filed on or before 2 p.m. Monday, March 9, 2009. Sur-reply briefs, if any, are to be filed on or before 2 p.m. Monday, March 23, 2009.
Feb 13 2009Exceptions of the State of South Carolina to First Interim Report of the Special Master filed.
Feb 13 2009Letter filed by Duke Energy Carolinas, LLC.
Feb 13 2009Letter filed by Catawba River Water Supply Project.
Feb 23 2009Brief amicus curiae in support of Plaintiff's exceptions filed by the United States.
Mar 09 2009Reply of respondent North Carolina in opposition to Plaintiff's exceptions filed.
Mar 09 2009Reply of Catawba River Water Supply Project to Exceptions of South Carolina filed.
Mar 09 2009Reply of the City of Charlotte, North Carolina in response to Exceptions of South Carolina filed.
Mar 09 2009Reply of Duke Energy Carolinas, LLC to South Carolina's Exceptions filed.
Mar 10 2009Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 17 2009Application (08A817) for leave to file sur-reply in support of exceptions to first interim report of the special master in excess of word limitation, submitted to The Chief Justice.
Mar 17 2009Application (08A817) denied by The Chief Justice.
Mar 23 2009DISTRIBUTED for Conference of March 27, 2009.
Mar 23 2009Sur-Reply Brief of the State of South Carollina in support of Exceptions to First Interim Report of the Special Master filed. (Distributed)
Mar 23 2009Motion for divided argument filed by defendant North Carolina and intervenors Duke energy Carolinas, LLC, Catawba River Water Supply Project and City of Charlotter, NC. (Distributed)
Mar 30 2009The Exceptions to the Report of the Special Master are set for oral argument in due course.
Apr 20 2009Motion for divided argument filed by defendant and intervenors DENIED and the time is divided as follows: 10 minutes to defendant, and 20 minutes to intervenors.
Apr 20 2009Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jul 17 2009CIRCULATED.
Sep 21 2009All Record Materials are available on the Special Master's website at www.mto.com/sm/
Oct 06 2009SET FOR ARGUMENT ON Tuesday, October 13, 2009.
Oct 13 2009Argued. On Exceptions to the Report of the Special Master. For plaintiff: David C. Frederick, Washington, D.C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For interveners: H. Christopher Bartolomucci, Washington, D.C. For defendant: Christopher G. Browning, Jr., Solicitor General, Raleigh, N.C.
Jan 20 2010Exceptions to Special Master's First Interim Report overruled in part and sustained in part. Alito, J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, and Breyer, JJ., joined. Roberts, C. J., filed an opinion concurring in the judgment in part and dissenting in part, in which Thomas, Ginsburg, and Sotomayor, JJ., joined.
Dec 14 2010Stipulation to dismiss the Bill of Complaint pursuant to Rule 46 received.
Dec 14 2010Petition Dismissed - Rule 46.
Jan 10 2011Kristin Linsley Myles, Esq., of San Francisco, California, the Special Master in this case, is hereby discharged with the thanks of the Court.

NAMEADDRESSPHONE
Attorneys for Plaintiff
Robert D. Cook
    Counsel of Record
Assistant Deputy Attorney General
Post Office Box 11549
Columbia, SC 29211

BCook@scag.gov
(803) 734-3736
Party name: South Carolina, Plaintiff
David C. Frederick
    Counsel of Record
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
1615 M Street, N.W., Suite 400
Washington, DC 20036

dfrederick@kellogghansen.com
(202) 326-7900
Party name: South Carolina, Plaintiff
Attorneys for Respondent
Roy A. Cooper III.
    Counsel of Record
Attorney General
Office of the Attorney General
Post Office Box 629
Raleigh, NC 27602

(919) 716-6500
Party name: North Carolina
Christopher G. Browning Jr.
    Counsel of Record
Solicitor General
North Carolina Department of Justice
P.O. Box 629
114 West Edenton Street
Raleigh, NC 27602-0629

CBrowning@ncdoj.gov
(919) 716-6900
Party name: North Carolina
Other
Carter G. PhillipsSidley Austin LLP
1501 K Street, N.W.
Washington, DC 20005

cphillips@sidley.com
(202) 736-8000
Party name: Duke Energy Carolinas, LLC
Thomas C. GoldsteinAkin Gump Strauss Hauer & Feld, LLP
1333 New Hampshire Avenue, N.W.
Washington, DC 20036

tgoldstein@akingump.com
(202) 887-4060
Party name: Catawba River Water Supply Project
Kristin Linsley MylesMunger Tolles & Olson LLP
560 Mission Street, 27th Floor
San Francisco, CA 94105

kristin.myles@mto.com
(415) 512-4000
Party name: Special Master
H. Christopher BartolomucciKirkland & Ellis LLP
655 Fifteenth Street, NW
Washington, DC 20005

christopher.bartolomucci@kirkland.com
(202) 879-5200
Party name: City of Charlotte, North Carolina
Elena KaganSolicitor General
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
(202) 514-2217
Party name: United States
Edwin S. KneedlerDeputy Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ
(202) 514-2217
Party name: South Carolina, Plaintiff v. North Carolina

 

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