| No. 17-498 Vide 17-499, 17-500, 17-501, 17-502, 17-503, 17-504 | |
| Title: | Daniel Berninger, Petitioner v. Federal Communications Commission, et al. |
| Docketed: | October 3, 2017 |
| Linked with 17A54 | |
| Lower Ct: | United States Court of Appeals for the District of Columbia Circuit |
| Case Numbers: | (15-1063, 15-1078, 15-1086, 15-1090, 15-1091, 15-1092, 15-1095, 15-1099, 15-1117, 15-1128, 15-1151, 15-1164) |
| Decision Date: | June 14, 2016 |
| Rehearing Denied: | May 1, 2017 |
| Date | Proceedings and Orders |
| Jul 10 2017 | Application (17A54) to extend the time to file a petition for a writ of certiorari from July 30, 2017 to September 28, 2017, submitted to The Chief Justice. |
| Jul 20 2017 | Application (17A54) granted by The Chief Justice extending the time to file until September 28, 2017. |
| Sep 27 2017 | Petition for a writ of certiorari filed. (Response due November 2, 2017) |
| Oct 11 2017 | Blanket Consent filed by Petitioner, Daniel Berninger |
| Oct 12 2017 | Blanket Consent filed by respondents, United States Telecom Association, CenturyLink, Inc. VIDED |
| Oct 13 2017 | Blanket Consent filed by respondent-interveners, Free Press, Open Technology Institute-New America and Public Knowledge.(VIDED) |
| Oct 13 2017 | Blanket Consent filed by respondent-intervenor, Cogent Communications, Inc.(VIDED) |
| Oct 14 2017 | Blanket Consent filed by respondent-intervenor, Center for Democracy & Technology VIDED |
| Oct 18 2017 | Blanket Consent filed by respondent-intervenor, Akamai Technologies, Inc. VIDED |
| Oct 23 2017 | Waiver of right of respondent NTCA - The Internet and Television Association to respond filed. |
| Oct 24 2017 | Waiver of right of respondent United States Telecom Association, CenturyLink, Inc. to respond filed. |
| Oct 24 2017 | Blanket Consent filed by respondent-intervenor, Ad Hoc Telecommunications Users Committee VIDED |
| Oct 25 2017 | Order extending time to file response to petition to and including December 4, 2017, for all respondents. |
| Oct 25 2017 | Waiver of right of respondent CTIA - The Wireless Association to respond filed. |
| Oct 30 2017 | Blanket Consent filed by respondent, NTCA - The Internet and Television Association. VIDED |
| Nov 01 2017 | Blanket Consent filed by respondent-intervenors, COMPTEL (d/b/a INCOMPAS), et al. VIDED |
| Nov 02 2017 | Brief amici curiae of Competitive Enterprise Institute, et al. filed. |
| Nov 02 2017 | Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED. |
| Nov 02 2017 | Brief amici curiae of Judicial Watch, Inc., et al. filed. VIDED. |
| Nov 02 2017 | Brief amicus curiae of International Center for Law & Economics filed. |
| Nov 08 2017 | Blanket Consent filed by Respondent, CTIA - The Wireless Association. |
| Nov 22 2017 | Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk. |
| Main Document | |
| Nov 27 2017 | Order further extending time to file response to petition to and including January 3, 2018, for all respondents. |
| Dec 18 2017 | Motion to extend the time to file a response from January 3, 2018 to February 2, 2018, submitted to The Clerk. |
| Main Document | |
| Dec 19 2017 | Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2018, for all respondents. |
| Jan 19 2018 | Motion to extend the time to file a response from February 2, 2018 to March 5, 2018, submitted to The Clerk. |
| Main Document | |
| Jan 23 2018 | Motion to extend the time to file a response is granted and the time is further extended to and including March 5, 2018, for all respondents. |
| Mar 02 2018 | Motion to extend the time to file a response from March 5, 2018 to April 4, 2018, submitted to The Clerk. |
| Main Document | |
| Mar 05 2018 | Motion to extend the time to file a response is granted and the time is further extended to and including April 4, 2018, for all respondents. |
| Mar 30 2018 | Motion to extend the time to file a response from April 4, 2018 to May 4, 2018, submitted to The Clerk. |
| Main Document | |
| Apr 02 2018 | Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2018, for all respondents. |
| Apr 27 2018 | Motion to extend the time to file a response from May 4, 2018 to June 4, 2018, submitted to The Clerk. |
| Main Document | |
| Apr 30 2018 | Motion to extend the time to file a response is granted and the time is further extended to and including June 4, 2018, for all respondents. |
| May 30 2018 | Motion to extend the time to file a response is granted and the time is further extended to and including August 15, 2018, for all respondents. |
| May 30 2018 | Motion to extend the time to file a response from June 4, 2018 to August 15, 2018, submitted to The Clerk. |
| Main Document | |
| Aug 02 2018 | Brief of Federal Respondents filed. VIDED. |
| Proof of ServiceMain Document | |
| Aug 07 2018 | Motion to extend the time to file a response from August 15, 2018 to September 14, 2018, submitted to The Clerk. |
| Main Document | |
| Aug 09 2018 | Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2018, for all respondents. |
| Sep 14 2018 | Brief of respondent Free Press in opposition filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 14 2018 | Brief of respondents Public Knowledge, et al. in opposition filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 27 2018 | Reply of petitioner Daniel Berninger filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 03 2018 | DISTRIBUTED for Conference of 10/26/2018. |
| Oct 29 2018 | DISTRIBUTED for Conference of 11/2/2018. |
| Nov 05 2018 | Petition DENIED. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the petition, vacate the judgment of the United States Court of Appeals for the District of Columbia Circuit, and remand to that court with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). The Chief Justice and Justice Kavanaugh took no part in the consideration or decision of this petition. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Anthony Thomas Caso Counsel of Record | Center for Constitutional Jurisprudence Fowler School of Law, Chapman University One University Drive Orange, CA 92866 caso@chapman.edu | (877) 855-3330 |
| Party name: Daniel Berninger | ||
| Attorneys for Respondents | ||
| Robert Michael Cooper Counsel of Record | Boies Schiller Flexner 1401 New York Avenue, NW 11th Floor Washington, DC 20005 | 202 237 2727 |
| Party name: Cogent Communications, Inc. | ||
| Markham C. Erickson Counsel of Record | Steptoe & Johnson, LLP 1330 Connections Avenue, N.W. Washington, DC 20036-1795 merickson@steptoe.com | 202 429 3000 |
| Party name: COMPTEL (d/b/a INCOMPAS), et al. | ||
| Miguel A. Estrada Counsel of Record | Gibson, Dunn & Crutcher, LLP 1050 Connecticut Ave., N.W. Washington, DC 20036 mestrada@gibsondunn.com | (202) 955-8500 |
| Party name: NTCA - The Internet and Television Association | ||
| Noel J. Francisco Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Federal Communications Commission | ||
| Lisa Antoinette Hayes Counsel of Record | Center for Democracy & Technology 1401 K Street, Suite 200 Washington, DC 20005 lhayes@cdt.org | 202-637-9800 |
| Party name: Center for Democracy & Technology | ||
| Michael K. Kellogg Counsel of Record | Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. 1615 M Street, NW, Suite 400 Washington, DC 20036 mkellogg@kellogghansen.com | (202) 326-7900 |
| Party name: United States Telecom Association, CenturyLink, Inc. | ||
| Stephen J. Rosen Counsel of Record | Levine Blaszak Block & Boothbu, LLP 2001 L Street, NW Suite 900 Washington, DC 20036 | 202 875 2550 |
| Party name: Ad Hoc Telecommunications Users Committee | ||
| Kevin K. Russell Counsel of Record | Goldstein & Russell, P.C. 5225 Wisconsin Ave., NW Suite 404 Washington, DC 20015 krussell@goldsteinrussell.com | 2023620636 |
| Party name: Free Press, Public Knowledge, et al. | ||
| Helgi C. Walker Counsel of Record | Gibson, Dunn & Crutcher LLP 1050 Connecticut Avenue, NW Washington, DC 20036 hwalker@gibsondunn.com | 202-887-3599 |
| Party name: CTIA - The Wireless Association | ||
| Christopher J. Wright Counsel of Record | Harris, Wiltshire & Grannis, LLP 1919 M Street, NW, Fl. 8 Washignton, DC 20036 cwright@hwglaw.com | 202-333-1300 |
| Party name: Akamai Technologies, Inc. | ||
| Other | ||
| Oliver J. Dunford Counsel of Record | Pacific Legal Foundation 930 G Street Sacramento, CA 95814 odunford@pacificlegal.org | 916-419-7111 |
| Party name: Pacific Legal Foundation, et al. | ||
| Chris Fedeli Counsel of Record | Judicial Watch, Inc., 425 Third Street, SW Washington, DC 20024 cfedeli@judicialwatch.org | (202)-646-5172 |
| Party name: Judicial Watch, Inc., et al. | ||
| Sam Kazman Counsel of Record | Competitive Enterprise Institute, 1310 L Street, N.W. 7th Floor Washington, DC 20005 sam.kazman@cei.org | (202) 331-1010 |
| Party name: Competitive Enterprise Institute, et al. | ||
| Jeffrey A. Mandell Counsel of Record | Stafford Rosenbaum, LLP 222 West Washington Avenue Suite 900 Madison, WI 53703 jmandell@staffordlaw.com | 608-256-0226 |
| Party name: International Center for Law & Economics | ||