| No. 18-328 | |
| Title: | Kevin C. Rotkiske, Petitioner v. Paul Klemm, et al. |
| Docketed: | September 13, 2018 |
| Linked with 18A161 | |
| Lower Ct: | United States Court of Appeals for the Third Circuit |
| Case Numbers: | (16-1668) |
| Decision Date: | May 15, 2018 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Aug 09 2018 | Application (18A161) to extend the time to file a petition for a writ of certiorari from August 13, 2018 to October 12, 2018, submitted to Justice Alito. |
| Main DocumentProof of ServiceLower Court Orders/Opinions | |
| Aug 15 2018 | Application (18A161) granted by Justice Alito extending the time to file until September 12, 2018. |
| Sep 11 2018 | Petition for a writ of certiorari filed. (Response due October 15, 2018) |
| PetitionAppendixProof of ServiceCertificate of Word Count | |
| Oct 31 2018 | DISTRIBUTED for Conference of 11/16/2018. |
| Nov 05 2018 | Response Requested. (Due December 5, 2018) |
| Nov 21 2018 | Motion to extend the time to file a response from December 5, 2018 to January 4, 2019, submitted to The Clerk. |
| Main Document | |
| Nov 23 2018 | Motion to extend the time to file a response is granted and the time is extended to and including January 4, 2019. |
| Jan 04 2019 | Brief of respondents Paul Klemm, et al. in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 23 2019 | DISTRIBUTED for Conference of 2/15/2019. |
| Feb 19 2019 | DISTRIBUTED for Conference of 2/22/2019. |
| Feb 25 2019 | Petition GRANTED. |
| Mar 08 2019 | Joint motion of the parties for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Mar 19 2019 | Joint motion of the parties to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 13, 2019. The time to file respondents' brief on the merits is extended to and including July 12, 2019. |
| Apr 03 2019 | Motion to dispense with printing the joint appendix filed by petitioner Kevin Rotkiske. |
| Main DocumentProof of Service | |
| Apr 22 2019 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| May 13 2019 | Brief of petitioner Kevin Rotkiske filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 20 2019 | Brief amici curiae of Samuel L. Bray, David Marcus, and Stephen C. Yeazell in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 20 2019 | Amicus brief of National Consumer Law Center not accepted for filing. (May 29, 2019)(Corrected version Submitted) |
| May 20 2019 | Brief amicus curiae of National Consumer Law Center filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 01 2019 | SET FOR ARGUMENT on Wednesday, October 16, 2019. |
| Jul 12 2019 | Brief of respondents Paul Klemm, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 18 2019 | Brief amicus curiae of United States filed. |
| Main DocumentCertificate of Word Count | |
| Jul 18 2019 | Brief amicus curiae of Receivables Management Association International, Inc. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 19 2019 | Motion of United States for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Main DocumentProof of Service | |
| Jul 19 2019 | Brief amici curiae of Mortgage Bankers Association and the Chamber of Commerce of the United States of America filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 19 2019 | Brief amicus curiae of ACA International filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 19 2019 | Brief amicus curiae of The National Creditors Bar Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 01 2019 | CIRCULATED |
| Aug 12 2019 | Reply of petitioner Kevin Rotkiske filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 16 2019 | Record requested from the U.S.C.A. 3rd Circuit. |
| Aug 23 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Sep 12 2019 | Complete record received in electronic format (U.S.C.A. 3rd Circuit and DIstrict Court filings). |
| Oct 16 2019 | Argued. For petitioner: Scott E. Gant, Washington, D. C. For respondents: Shay Dvoretzky, Washington, D. C.; and Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Dec 10 2019 | Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Sotomayor, J., filed a concurring opinion. Ginsburg, J., filed an opinion dissenting in part and dissenting from the judgment. |
| Jan 13 2020 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Scott E. Gant Counsel of Record | Boies Schiller Flexner LLP 1401 New York Ave., NW Washington, DC 20005 sgant@bsfllp.com | 202-237-2727 |
| Party name: Kevin C. Rotkiske | ||
| Attorneys for Respondents | ||
| Shay Dvoretzky Counsel of Record | Jones Day 51 Louisiana Avenue NW Washington, DC 20001-2113 sdvoretzky@jonesday.com | 202-879-3939 |
| Party name: Paul Klemm, et al. | ||
| Other | ||
| Stuart Banner Counsel of Record | UCLA School of Law Supreme Court Clinic 405 Hilgard Ave. Los Angeles, CA 90095 banner@law.ucla.edu | 3102068506 |
| Party name: Samuel L. Bray, David Marcus, and Stephen C. Yeazell | ||
| Megan Starace Ben'Ary Counsel of Record | LeClairRyan 2318 Mill Road, Suite 1100 Alexandria, VA 22314 megan.benary@leclairryan.com | 7036475933 |
| Party name: ACA International | ||
| Noel J. Francisco | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Elaine Janet Goldenberg Counsel of Record | Munger, Tolles & Olson LLP 1155 F Street, NW 7th Floor Washington, DC 20004 elaine.goldenberg@mto.com | 202-220-1114 |
| Party name: Mortgage Bankers Association and the Chamber of Commerce of the United States of America | ||
| Donald S. Maurice Jr. Counsel of Record | Maurice Wutscher, LLP 5 Walter E. Foran Boulevard Suite 2007 Flemington, NJ 08822 dmaurice@mauricewutscher.com | 9082374570 |
| Party name: Receivables Management Association International, Inc. | ||
| Stuart Todd Rossman Counsel of Record | 7 Winthrop Square, Fourth Floor Boston, MA 02110 srossman@nclc.org | 617-542-8010 |
| Party name: National Consumer Law Center | ||
| Misha Tseytlin Counsel of Record | Troutman Sanders LLP One North Wacker Drive Suite 2905 Chicago, IL 60606 misha.tseytlin@troutman.com | 312-759-5947 |
| Party name: The National Creditors Bar Association | ||