| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Mar 6 2007 |
Application (06A857) to extend the time to file a petition for a writ of certiorari from March 19, 2007 to May 3, 2007, submitted to Justice Kennedy. |
| Mar 8 2007 |
Application (06A857) granted by Justice Kennedy extending the time to file until May 3, 2007. |
| Apr 20 2007 |
Motion for disqualification of counsel filed by Golden State Water Company. (Distributed) |
| Apr 26 2007 |
Order extending time to file response to motion to and including May 30, 2007. |
| May 3 2007 |
Petition for a writ of certiorari filed. (Response due June 4, 2007) |
| May 3 2007 |
Appendix of Morgan Stanley Capital Group Inc. filed. |
| May 16 2007 |
Order extending time to file response to petition to and including July 5, 2007, for all respondents. |
| May 23 2007 |
Brief of respondent Mirant Energy Trading LLC in support filed. VIDED. |
| May 30 2007 |
Response to motion from O'Melveny & Myers LLP filed. |
| Jun 8 2007 |
Consent to the filing of amicus briefs in support of either party, or neither party received from counsel for Mirant Energy Trading LLC. |
| Jun 11 2007 |
Reply to opposition to motion for disqualification of counsel filed by Golden State Water Company. |
| Jun 25 2007 |
Application (06A1237) to file a consolidated brief in opposition to the petition for a writ of certiorari in excess of page limits, submitted to Justice Kennedy. |
| Jun 26 2007 |
Order further extending time to file response to petition to and including August 6, 2007, for all respondents. |
| Jun 27 2007 |
Application (06A1237) denied by Justice Kennedy. |
| Jul 19 2007 |
Consent to the filing of amicus briefs in suport of either party received from counsel for the respondents. VIDED. |
| Aug 6 2007 |
Brief of respondents Public Utility District No. 1 of Snohomish County, Washington, et al. in opposition filed. VIDED. |
| Aug 6 2007 |
Brief amicus curiae of Natural Gas Supply Association filed. VIDED. |
| Aug 6 2007 |
Brief amicus curiae of Canadian Electricity Association filed. VIDED. |
| Aug 6 2007 |
Brief amicus curiae of Interstate Natural Gas Association of America filed. VIDED. |
| Aug 6 2007 |
Brief amicus curiae of International Swaps and Derivatives Association, Inc. filed. VIDED. |
| Aug 6 2007 |
Brief of respondent Federal Energy Regulatory Commission in opposition filed. VIDED. |
| Aug 6 2007 |
Brief of respondents Public Utilities Commission of California, and California Electricity Oversight Board in opposition filed. VIDED. |
| Aug 7 2007 |
Brief amici curiae of Electric Power Supply Association, et al. filed. VIDED. |
| Aug 21 2007 |
Reply of petitioner Morgan Stanley Capital Group Inc. filed. (Distributed) |
| Aug 22 2007 |
DISTRIBUTED for Conference of September 24, 2007. |
| Sep 25 2007 |
Motion disqualification of counsel DENIED. The Chief Justice and Justice Breyer took no part in the consideration or decision of this motion. |
| Sep 25 2007 |
Petition GRANTED. The case is consolidated with No. 06-1462 and a total of one hour is allotted for oral argument. The brief of petitioners is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, November 5, 2007. The brief of respondents is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, December 3, 2007. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 28, 2007. Briefs of amici curiae are to be filed with the Clerk and served upon counsel for the parties on or before 2 p.m., 7 days after the brief for the party supported is filed, or if in support of neither party, within 7 days after the petitioners' brief is filed. The Chief Justice and Justice Breyer took no part in the consideration or decision of this petition. VIDED. |
| Oct 10 2007 |
The time within which to file petitioners' brief on the merits is extended to and including November 21, 2007. The time within which to file respondents' brief on the merits is extended to and including January 7, 2008. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before February 6, 2008. Briefs of amici curiae are to be filed with the Clerk and served upon counsel for the parties on or before 7 days after the brief for the party supported is filed, or if in support of neither party, within 7 days after the petitioners' brief is filed. VIDED. |
| Nov 14 2007 |
Consent to the filing of amicus briefs in support of either party or neither party received from counsel for respondent Mirant Energy Trading LLC. VIDED. |
| Nov 19 2007 |
Consent to the filing of amicus briefs in support of either party received from counsel for petitioners in No. 06-1462. VIDED. |
| Nov 20 2007 |
Consent to the filing of amicus briefs in support of either party, or neither party, received from counsel for respondents California Electricity Oversight Board, and Public Utilities Commission of the State of California. VIDED. |
| Nov 21 2007 |
Joint appendix filed. (Volumes 1-3 ) VIDED. (Statement of Costs filed.) |
| Nov 21 2007 |
Brief of petitioner Morgan Stanley Capital Group Inc. filed. |
| Nov 21 2007 |
Brief of respondent Federal Energy Regulatory Commission in support of petitioners filed. VIDED. |
| Nov 21 2007 |
Supplemental joint appendix filed. VIDED. |
| Nov 21 2007 |
Brief of petitioners Calpine Energy Services, L.P., et al. filed. VIDED. |
| Nov 28 2007 |
Brief amici curiae of Powerex Corp., et al. filed. VIDED. |
| Nov 28 2007 |
Brief amici curiae of Electric Power Supply Association, et al. filed. VIDED. |
| Nov 28 2007 |
Brief amici curiae of Coral Power L.L.C., et al. filed. VIDED. |
| Nov 28 2007 |
Brief amici curiae of International Swaps and Derivatives Association, Inc., et al. filed. VIDED. |
| Nov 28 2007 |
Brief amici curiae of William J. Baumol, et al. filed. VIDED. |
| Dec 11 2007 |
Consent to the filing of amicus briefs in support of either or neither party received from counsel for the petitioners in 06-1457. VIDED. |
| Dec 19 2007 |
CIRCULATED. |
| Dec 21 2007 |
SET FOR ARGUMENT Tuesday, February 19, 2008. VIDED. |
| Jan 7 2008 |
Brief of respondents Public Utilities Commission of California, et al. filed. VIDED. (Distributed) |
| Jan 7 2008 |
Brief of respondent Golden State Water Company filed. VIDED. (Distributed) |
| Jan 7 2008 |
Brief of respondents Public Utility District No. 1 of Snohomish County, Washington, et al. filed. VIDED. (Distributed) |
| Jan 10 2008 |
Record received from the Federal Engergy Regulatory Commission. (12 boxes) |
| Jan 10 2008 |
Record received from U.S.C.A. for the 9th Circuit. (1 box) |
| Jan 11 2008 |
Motion to dismiss the writ of certiorari only as to Calpine Energy Services, L.P. received. |
| Jan 14 2008 |
Brief amici curiae of Colorado Office of Consumer Counsel, et al. filed. (Distributed) VIDED. |
| Jan 14 2008 |
Brief amicus curiae of Large Public Power Council filed. VIDED. (Distributed) |
| Jan 14 2008 |
Brief amicus curiae of AARP filed. VIDED. (Distributed) |
| Jan 14 2008 |
Brief amici curiae of American Public Power Association, et al. filed. VIDED. (Distributed) |
| Jan 14 2008 |
Brief amici curiae of National Association of Regulatory Utility Commissioners, et al. filed. VIDED. (Distributed) |
| Jan 14 2008 |
Brief amicus curiae of Public Utility Law Project of New York, Inc. filed. VIDED. (Distributed) |
| Jan 14 2008 |
Motion for divided argument filed by respondent Federal Energy Regulatory Commission. VIDED. |
| Jan 14 2008 |
Brief amicus curiae of Washington filed. VIDED. (Distributed) |
| Jan 14 2008 |
Brief amici curiae of Illinois, et al. filed. VIDED. (Distributed) |
| Jan 22 2008 |
Motion for divided argument filed by respondent GRANTED. The Chief Justice and Justice Breyer took no part in the consideration or decision of this motion. VIDED |
| Jan 28 2008 |
Writ of certiorari only as to Calpine Energy Services, L.P. dismissed pursuant to Rule 46. |
| Feb 6 2008 |
Reply of petitioners Morgan Stanley Capital Group Inc., et al. filed. VIDED. (Distributed) |
| Feb 6 2008 |
Reply of respondent Federal Energy Regulatory Commission filed. VIDED. (Distributed) |
| Feb 19 2008 |
Argued. For petitioners: Walter Dellinger, Washington, D.C. For respondent FERC in support of petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. For respondents: Christopher J. Wright, Washington, D.C. |
| Jun 26 2008 |
Judgment is affirmed and case remanded. Scalia, J., delivered the opinion of the Court, in which Kennedy, Thomas, and Alito, JJ., joined, and in which Ginsburg, J., joined as to Part III. Ginsburg, J., filed an opinion concurring in part and concurring in the judgment. Stevens, J., filed a dissenting opinion, in which Souter, J., joined. Roberts, C. J., and Breyer, J., took no part in the consideration or decision of the cases. |
| Jul 28 2008 |
Record returned to Federal Energy Regulatory Commission. |
| Jul 28 2008 |
JUDGMENT ISSUED. |
| Aug 15 2008 |
Acknowledgement of receipt (08/01/08) of judgment from Clerk, United States Court of Appeals for the Ninth Circuit received. |
| Sep 12 2008 |
Motion to retax costs filed by petitioner Morgan Stanley Capital Group Inc. VIDED |
| Sep 23 2008 |
Opposition to motion to retax costs filed by respondents. VIDED |
| Sep 24 2008 |
Motion DISTRIBUTED for Conference of October 10, 2008. |
| Oct 14 2008 |
Motion to retax costs filed by petitioners GRANTED. The Chief Justice took no part in the consideration or decision of this motion. VIDED |
| Oct 17 2008 |
Amended JUDGMENT ISSUED. |