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Decided

14 Penn Plaza LLC v. Pyett

Docket No.07-581
Op. Below2d Circuit
ArgumentDec 1, 2008

Judgment

Reversed and remanded, 5-4, in an opinion by Clarence Thomas on Apr 1, 2009.

Proceedings & orders timeline

Oct 30, 2007
Petition for a writ of certiorari filed. (Response due December 3, 2007)
Nov 15, 2007
Order extending time to file response to petition to and including January 17, 2008.
Jan 16, 2008
Brief of respondents Steven Pyett, Thomas O'Connell, and Michael Phillips in opposition filed.
Jan 29, 2008
Reply of petitioners 14 Penn Plaza LLC, et al. filed. (Distributed)
Jan 30, 2008
DISTRIBUTED for Conference of February 15, 2008.
Feb 19, 2008
Petition GRANTED.
Mar 6, 2008
The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including May 5, 2008.
May 5, 2008
Joint appendix filed. (Statement of Costs received.)
May 5, 2008
Brief of petitioners 14 Penn Plaza LLC, et al. filed.
May 8, 2008
Proposal to lodge copies of a facsimile from counsel for the petitioners.
May 9, 2008
The time within which to file respondents' brief on the merits is extended to and including July 7, 2008.
May 12, 2008
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
May 12, 2008
Brief amicus curiae of Equal Employment Advisory Council filed.
Jun 27, 2008
Brief amicus curiae of National Academy of Arbitrators filed.
Jul 3, 2008
The time within which to file respondents' brief on the merits is further extended to and including July 14, 2008.
Jul 3, 2008
Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondents.
Jul 10, 2008
Brief amicus curiae of Service Employees International Union, Local 32BJ filed.
Jul 14, 2008
Brief of respondents Steven Pyett, et al. filed.
Jul 15, 2008
Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
Jul 18, 2008
Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed.
Jul 21, 2008
Brief amicus curiae of United States filed.
Jul 21, 2008
Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed.
Jul 21, 2008
Brief amici curiae of National Employment Lawyers Association, et al. filed.
Jul 21, 2008
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 13, 2008
Reply of petitioners 14 Penn Plaza LLC, and Temco Service Industries, Inc. filed.
Sep 5, 2008
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 8, 2008
SET FOR ARGUMENT ON Monday, December 1, 2008.
Sep 12, 2008
CIRCULATED.
Oct 9, 2008
Record from the U.S.D.C. for the Southern District of New York is electronically filed.
Oct 10, 2008
Record received from the U.S.C.A. for the Second Circuit. (envelope)
Dec 1, 2008
Argued. For petitioners: Paul Salvatore, New York, N.Y. For respondents: David C. Frederick, Washington, D.C.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)
Apr 1, 2009
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Alito, JJ., joined. Stevens, J., filed a dissenting opinion. Souter, J., filed a dissenting opinion, in which Stevens, Ginsburg, and Breyer, JJ., joined.
May 4, 2009
JUDGMENT ISSUED.
Sep 10, 2012
Record returned to U.S.C.A. for Second Circuit.

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