| No. 17-1299 | |
| Title: | Franchise Tax Board of California, Petitioner v. Gilbert P. Hyatt |
| Docketed: | March 14, 2018 |
| Lower Ct: | Supreme Court of Nevada |
| Case Numbers: | (53264) |
| Decision Date: | December 26, 2017 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Mar 12 2018 | Petition for a writ of certiorari filed. (Response due April 13, 2018) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Apr 09 2018 | Waiver of right of respondent Gilbert P. Hyatt to respond filed. |
| Main Document | |
| Apr 10 2018 | Letter of April 10, 2018 from counsel for petitioner received. |
| Apr 13 2018 | Brief amici curiae of State of Indiana and 44 other States filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 13 2018 | Brief amicus curiae of Multistate Tax Commission filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 24 2018 | DISTRIBUTED for Conference of 5/10/2018. |
| May 01 2018 | Response Requested. (Due May 31, 2018) |
| May 31 2018 | Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner. |
| Main Document | |
| May 31 2018 | Brief of respondent Gilbert P. Hyatt in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 05 2018 | DISTRIBUTED for Conference of 6/21/2018. |
| Jun 06 2018 | Reply of petitioner Franchise Tax Board of the State of California filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 27 2018 | DISTRIBUTED for Conference of 6/27/2018. |
| Jun 28 2018 | Petition GRANTED. |
| Jul 03 2018 | Motion to dispense with printing the joint appendix filed by petitioner Franchise Tax Board of the State of California. |
| Main DocumentProof of Service | |
| Jul 18 2018 | Motion for an extension of time to file the opening briefs on the merits filed. |
| Main Document | |
| Aug 01 2018 | Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 11, 2018. The time to file respondent's brief on the merits is extended to and including November 15, 2018. |
| Aug 24 2018 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Sep 06 2018 | Blanket Consent filed by Petitioner, Franchise Tax Board of the State of California. |
| Blanket Consent | |
| Sep 07 2018 | Blanket Consent filed by Respondent, Gilbert P. Hyatt. |
| Blanket Consent | |
| Sep 11 2018 | Brief of petitioner Franchise Tax Board of the State of California filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 18 2018 | Brief amici curiae of Law Professors filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 18 2018 | Brief amici curiae of Multistate Tax Commission, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 18 2018 | Brief amici curiae of Professors William Baude and Stephen E. Sachs in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 18 2018 | Brief amici curiae of Alan B. Morrison & Darien Shanske in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 18 2018 | Brief amici curiae of State of Indiana and 43 other States filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 18 2018 | Brief amicus curiae of James C. Giudici in support of neither party filed. |
| Oct 26 2018 | Withdrawal of amicus curiae brief of James C. Giudici. Letter of James C. Giudici received October 30, 2018. |
| Nov 15 2018 | Brief of respondent Gilbert P. Hyatt filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Nov 21 2018 | Brief amici curiae of Professors of Federal Jurisdiction filed. |
| Main DocumentCertificate of Word CountCertificate of Word Count | |
| Nov 28 2018 | SET FOR ARGUMENT ON Wednesday, January 9, 2019 |
| Nov 30 2018 | CIRCULATED |
| Dec 11 2018 | Record requested from the Supreme Court of Nevada. |
| Dec 14 2018 | Reply of petitioner Franchise Tax Board of the State of California filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 27 2018 | The record from the Supreme Court of Nevada and from the Eight Judicial Dist. Court is electronic and complete. |
| Dec 27 2018 | Record received from the Supreme Court of Nevada, one box (some SEALED documents). |
| Jan 09 2019 | Argued. For petitioner: Seth P. Waxman, Washington, D. C. For respondent: Erwin Chemerinsky, Berkeley, Cal. |
| May 13 2019 | Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, and Kavanaugh, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. |
| Jun 17 2019 | JUDGMENT ISSUED. |
| Jun 17 2019 | MANDATE ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Seth P. Waxman Counsel of Record | Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Ave, NW Washington, DC 20006 Seth.Waxman@wilmerhale.com | 202-663-6800 |
| Party name: Franchise Tax Board of the State of California | ||
| Attorneys for Respondent | ||
| Erwin Chemerinsky Counsel of Record | University of California, Berkeley School of Law 215 Boalt Hall Berkeley, CA 94720 echemerinsky@law.berkeley.edu | 510-642-6483 |
| Party name: Gilbert P. Hyatt | ||
| Other | ||
| Thomas M. Fisher Counsel of Record | Indiana AG's Office, IGC S., 5th Fl. 302 W. Washington Indianapolis, IN 46204 tom.fisher@atg.in.gov | 317-232-6255 |
| Party name: State of Indiana and 43 other States | ||
| Helen Hecht Counsel of Record | Multistate Tax Commission 444 N. Capitol St., NW Ste 425 Washington, DC 20001 hhecht@mtc.gov | 202-650-0300 |
| Party name: Multistate Tax Commission | ||
| James Carl Giudici Counsel of Record | 6128 Torrington Drive reno, NV 89511 jiminreno@gmail.com | 7758258151 |
| Party name: James C. Giudici | ||
| Benjamin L. Hatch Counsel of Record | McGuireWoods LLP 2001 K Street NW Suite 400 Washington, DC 20006-1040 bhatch@mcguirewoods.com | 757 630 3727 |
| Party name: Law Professors | ||
| Alan B. Morrison Counsel of Record | George Washington Law School 2000 H Street NW Washington, DC 20052 abmorrison@law.gwu.edu | 2029947120 |
| Party name: Alan B. Morrison & Darien Shanske | ||
| Stephen Edward Sachs Counsel of Record | Duke University School of Law 210 Science Drive Box 90360 Durham, NC 27708-0360 sachs@law.duke.edu | 919-613-8542 |
| Party name: William Baude & Stephen E. Sachs | ||
| Stephen I. Vladeck Counsel of Record | 727 East Dean Keeton Street Austin, TX 78705 svladeck@law.utexas.edu | 5124759198 |
| Party name: Professors of Federal Jurisdiction | ||