| No. 17-1272 | |
| Title: | Henry Schein, Inc., et al., Petitioners v. Archer and White Sales, Inc. |
| Docketed: | March 12, 2018 |
| Linked with 17A859 | |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (16-41674) |
| Decision Date: | December 21, 2017 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Feb 12 2018 | Application (17A859) for a stay, submitted to Justice Alito. |
| Main DocumentProof of Service | |
| Feb 14 2018 | Response to application (17A859) requested by Justice Alito, due Wednesday, February 21, by 3 p.m. ET. |
| Feb 21 2018 | Response to application from respondent Archer and White Sales, Inc. filed. |
| Main DocumentProof of Service | |
| Feb 22 2018 | Reply of applicant Henry Schein, Inc., et al. filed. |
| ReplyProof of Service | |
| Mar 02 2018 | Application (17A859) referred to the Court. |
| Mar 02 2018 | The application (17A859) for stay presented to Justice Alito and by him referred to the Court is granted, and the proceedings in the United States District Court for the Eastern District of Texas, case No. 2:12-cv-572, are stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. |
| Mar 09 2018 | Petition for a writ of certiorari filed. (Response due April 11, 2018) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Mar 23 2018 | Motion to extend the time to file a response from April 11, 2018 to May 11, 2018, submitted to The Clerk. |
| Main Document | |
| Mar 28 2018 | Motion to extend the time to file a response is granted and the time is extended to and including May 11, 2018. |
| May 11 2018 | Brief of respondent Archer and White Sales, Inc. in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| May 29 2018 | DISTRIBUTED for Conference of 6/14/2018. |
| May 29 2018 | Reply of petitioners Henry Schein, Inc., et al. filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 18 2018 | DISTRIBUTED for Conference of 6/21/2018. |
| Jun 25 2018 | Petition GRANTED. |
| Jul 02 2018 | Joint motion for an extension of time to file the opening briefs on the merits filed. |
| Main Document | |
| Jul 13 2018 | Joint motion to extend the time to file opening briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 14, 2018. The time to file respondent's brief on the merits is extended to and including September 18, 2018. |
| Jul 30 2018 | Blanket Consent filed by Petitioners, Henry Schein, Inc., et al.. |
| Blanket Consent | |
| Aug 03 2018 | Blanket Consent filed by Respondent, Archer and White Sales, Inc.. |
| Blanket Consent | |
| Aug 14 2018 | Brief of petitioner Henry Schein, Inc., et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 14 2018 | Joint appendix filed. |
| Main DocumentProof of Service | |
| Aug 14 2018 | Motion to file Volume II of the joint appendix under seal filed by petitioners Henry Schein, Inc., et al. |
| Main DocumentProof of Service | |
| Aug 15 2018 | Amicus brief of Anthony Michael Sabino not accepted for filing. (August 20, 2018 - to be resubmitted with complete documentation.) |
| Aug 15 2018 | Brief amicus curiae of Anthony Michael Sabino filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 20 2018 | SET FOR ARGUMENT on Monday, October 29, 2018 |
| Aug 20 2018 | Brief amicus curiae of New England Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 21 2018 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 21 2018 | Brief amicus curiae of Atlantic Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 22 2018 | DISTRIBUTED for Conference of 9/24/2018. |
| Sep 10 2018 | Record requested from the U.S.C.A. 5th Circuit. |
| Sep 12 2018 | CIRCULATED |
| Sep 18 2018 | Brief of respondent Archer and White Sales, Inc. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 25 2018 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 25 2018 | Brief amicus curiae of American Association for Justice filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 25 2018 | Amicus brief of George A. Bermann not accepted for filing. (Corrected brief submitted). |
| Sep 25 2018 | Brief amicus curiae of George A. Bermann filed. (October 3, 2018). (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 01 2018 | Motion to file Volume II of the joint appendix under seal GRANTED. |
| Oct 15 2018 | Reply of petitioners Henry Schein, Inc., et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 29 2018 | Argued. For petitioners: Kannon K. Shanmugam, Washington, D. C. For respondent: Daniel L. Geyser, Dallas, Tex. |
| Jan 08 2019 | Judgment VACATED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. |
| Feb 11 2019 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Kannon K. Shanmugam Counsel of Record | Williams & Connolly LLP 725 Twelfth Street, N.W. Washington, DC 20005 kshanmugam@wc.com | (202) 434-5000 |
| Party name: Henry Schein, Inc., et al. | ||
| Attorneys for Respondent | ||
| Lewis T. LeClair Counsel of Record | McKool Smith 300 Cresent Court Suite 1500 Dallas, TX 75201 lleclair@mckoolsmith.com | 214-978-4000 |
| Party name: Archer and White Sales, Inc. | ||
| Other | ||
| Martin Sander Kaufman Counsel of Record | Atlantic Legal Foundation 500 Mamaroneck Avenue Suite 320 Harrison, NY 10528 mskaufman@atlanticlegal.org | 914.472.2356 |
| Party name: Atlantic Legal Foundation | ||
| Scott Lawrence Nelson Counsel of Record | Public Citizen Litigation Group 1600 20th Street, N.W. Washington, DC 20009 snelson@citizen.org | 202-588-1000 |
| Party name: Public Citizen, Inc. | ||
| Andrew John Pincus Counsel of Record | Mayer Brown LLP 1999 K Street, NW Washington, DC 20006 apincus@mayerbrown.com | 202-263-3220 |
| Party name: The Chamber of Commerce of the United States of America | ||
| Benjamin G. Robbins Counsel of Record | New England Legal Foundation 150 Lincoln Street Boston, MA 02111-2504 benrobbins@nelfonline.org | 8577727620 |
| Party name: New England Legal Foundation | ||
| Anthony Michael Sabino Counsel of Record | Sabino & Sabino, P.C. 92 Willis Avenue, 2nd Floor Mineola, NY 11501 Anthony.Sabino@sabinolaw.com | 516-294-3199 |
| Party name: Anthony Michael Sabino | ||
| Jack Samuel Tenenbaum Counsel of Record | Bluhm Legal Clinic - Complex Civil Litigation and Investor Protection Center Northwestern Pritzker School of Law 375 East Chicago Avenue Chicago, IL 06011 s-tenenbaum@law.northwestern.edu | 312-503-4808 |
| Party name: George A. Bermann | ||
| Matthew W.H. Wessler Counsel of Record | Gupta Wessler PLLC 1900 L Street, NW Suite 312 Washington, DC 20036 matt@guptawessler.com | 2028881741 |
| Party name: American Association for Justice | ||