| No. 19-416 Vide 19-453 | |
| Title: | Nestlé USA, Inc., Petitioner v. John Doe I, et al. |
| Docketed: | September 27, 2019 |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (17-55435) |
| Decision Date: | July 5, 2019 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Sep 25 2019 | Petition for a writ of certiorari filed. (Response due October 28, 2019) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Oct 23 2019 | Blanket Consent filed by Respondents, John Doe I, et al. VIDED |
| Blanket Consent | |
| Oct 25 2019 | Waiver of right of respondents John Doe I, et al. to respond filed. |
| Main Document | |
| Oct 28 2019 | Brief amicus curiae of The Coca-Cola Company filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 28 2019 | Brief amicus curiae of Washington Legal Foundation filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 28 2019 | Brief amicus curiae of Chevron Corporation filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 28 2019 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 28 2019 | Brief amici curiae of The National Confectioners Association, the World Cocoa Foundation, and the European Cocoa Association filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 28 2019 | Brief amicus curiae of CATO INSTITUTE filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 30 2019 | DISTRIBUTED for Conference of 11/15/2019. |
| Nov 04 2019 | Response Requested. (Due December 4, 2019) |
| Nov 14 2019 | Motion to extend the time to file a response from December 4, 2019 to December 12, 2019, submitted to The Clerk. |
| Main Document | |
| Nov 19 2019 | Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2019. |
| Dec 12 2019 | Brief of respondents John Doe I, et al. in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 13 2019 | Letter waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed. |
| Main Document | |
| Dec 23 2019 | DISTRIBUTED for Conference of 1/10/2020. |
| Dec 23 2019 | Reply of petitioner Nestlé USA, Inc. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 13 2020 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| May 26 2020 | Brief amicus curiae of United States filed. VIDED. |
| Main DocumentProof of Service | |
| Jun 04 2020 | Supplemental brief of petitioner Nestlé USA, Inc. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 09 2020 | DISTRIBUTED for Conference of 6/25/2020. |
| Jun 29 2020 | DISTRIBUTED for Conference of 7/1/2020. |
| Jul 02 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-453 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Jul 02 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-416. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-416. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Jul 22 2020 | Motion for an extension of time to file the briefs on the merits filed. VIDED. |
| Main Document | |
| Jul 22 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 31, 2020. The time to file respondents' brief on the merits is extended to and including October 14, 2020. VIDED. |
| Aug 26 2020 | Blanket Consent filed by Respondent, John Doe I, et al. VIDED. |
| Blanket Consent | |
| Aug 27 2020 | Blanket Consent filed by Petitioner, Nestlé USA, Inc. |
| Blanket Consent | |
| Aug 31 2020 | Joint appendix filed. (Statement of costs filed.) VIDED. |
| Main DocumentProof of Service | |
| Aug 31 2020 | Brief of petitioner Nestlé USA, Inc. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 31 2020 | Brief of petitioner Cargill, Inc. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 08 2020 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 08 2020 | Brief amicus curiae of The Coca-Cola Company filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 08 2020 | Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 08 2020 | Brief amicus curiae of Cato Institute filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 08 2020 | Brief amici curiae of The World Cocoa Foundation, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 08 2020 | Brief amicus curiae of United States filed. VIDED. |
| Proof of ServiceMain Document | |
| Sep 08 2020 | Brief amici curiae of Professors of International Law, Foreign Relations Law and Federal Jurisdiction filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 16 2020 | SET FOR ARGUMENT on Tuesday, December 1, 2020. VIDED. |
| Sep 29 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. |
| Proof of ServiceMain Document | |
| Oct 08 2020 | Record requested from the U.S.C.A. 9th Circuit. |
| Oct 08 2020 | Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER. |
| Oct 14 2020 | Brief of respondents in 19-416 (response to merits brief of Nestle USA, Inc.) filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 19 2020 | Brief of respondents in 19-453 (response to merits brief of Cargill, Inc.) filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 20 2020 | Brief amicus curiae of EarthRights International filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 20 2020 | Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amicus curiae of Center for Global Justice filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amicus curiae of Tony's Chocolonely filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amici curiae of Access Now, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amici curiae of Foreign Lawyers filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amici curiae of Center for Justice & Accountability and Human Rights First filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amici curiae of Small and Mid-Size Cocoa and Chocolate Companies filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amici curiae of International Law Scholars filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amici curiae of Former Government Officials filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amici curiae of International Law Scholars, Former Diplomats, and Practitioners filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amici curiae of International Human Rights Organizations filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amici curiae of Oxfam America, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amicus curiae of Grant & Eisenhofer ESG Institute filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amici curiae of Professors of Legal History, et al. filed. VIDED. (Distributed) |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amici curiae of Members of Congress Senator Blumenthal, Representative Smith, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 21 2020 | Brief amici curiae of Nuremberg Scholars filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2020 | CIRCULATED |
| Nov 02 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Barrett took no part in the consideration or decision of this motion. |
| Nov 13 2020 | Reply of petitioner Nestlé USA, Inc. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 13 2020 | Reply of petitioner Cargill, Inc. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 01 2020 | Argued. For petitioners: Neal K. Katyal, Washington, D. C.; and Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Paul L. Hoffman, Hermosa Beach, Cal. VIDED. |
| Jun 17 2021 | Judgment REVERSED and case REMANDED. Thomas, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I and II, in which Roberts, C. J., and Breyer, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined, and an opinion with respect to Part III, in which Gorsuch and Kavanaugh, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Alito, J., joined as to Part I, and in which Kavanaugh, J., joined as to Part II. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment, in which Breyer and Kagan, JJ., joined. Alito, J., filed a dissenting opinion. VIDED. |
| Jul 19 2021 | JUDGMENT ISSUED. |
| Aug 12 2021 | Response to motion to tax cost award and waive costs for indigent respondents filed by petitioner Nestlé USA, Inc. |
| Main DocumentProof of Service | |
| Aug 12 2021 | Response to motion to tax cost award and waive costs for indigent respondents filed by petitioner Cargill, Inc. VIDED |
| Main DocumentProof of Service | |
| Aug 18 2021 | Motion to tax cost award and waive costs for indigent respondents filed by respondents. (Electronically submitted on 8/2/21.) VIDED. |
| Main DocumentOtherProof of Service |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Neal Kumar Katyal Counsel of Record | Hogan Lovells US LLP 555 Thirteenth St., N.W. Washington, DC 20004 neal.katyal@hoganlovells.com | 202 637 5528 |
| Party name: Nestlé USA, 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: Cargill, Inc. | ||
| Attorneys for Respondents | ||
| Paul Lindsey Hoffman Counsel of Record | Schonbrun Seplow Harris & Hoffman LLP 200 Pier Ave. STE 226 Hermosa Beach, CA 90254 hoffpaul@aol.com | 3107177373 |
| Party name: John Doe I, et al. | ||
| Other | ||
| Brian H. Fletcher Counsel of Record | Acting 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 | ||
| William Joseph Aceves Counsel of Record | Calif. Western School of Law 225 Cedar Street San Diego, CA 92101-3090 wja@cwsl.edu | 619-515-1589 |
| Party name: Foreign Lawyers | ||
| Cory L. Andrews Counsel of Record | Washington Legal Foundation 2009 Massachusetts Avenue, N.W. Washington, DC 20036 candrews@wlf.org | 2025880302 |
| Party name: Washington Legal Foundation and Allied Educational Foundation | ||
| John Bellinger Bellinger III Counsel of Record | Arnold & Porter Kaye Scholer LLP 601 Massachusetts Avenue, NW Washington, DC 20001 john.bellinger@arnoldporter.com | 202-942-6599 |
| Party name: The Chamber of Commerce of the United States of America, the National Foreign Trade Council, the National Association of Manufacturers, and the Organization for International Investment | ||
| Jeffrey Alan Brauch Counsel of Record | Regent University School of Law 1000 Regent University Drive Virginia Beach, VA 23464 jeffbra@regent.edu | 757-352-4660 |
| Party name: Center for Global Justice | ||
| Carmen Ka Man Cheung Counsel of Record | Center for Justice and Accountability One Hallidie Plaza #750 San Francisco, CA 94102 ccheung@cja.org | 415-544-0444 |
| Party name: Center for Justice & Accountability and Human Rights First | ||
| Sophia Sabrina Cope Counsel of Record | Electronic Frontier Foundation 815 Eddy Street San Francisco, CA 94109 sophia@eff.org | 415-436-9333 |
| Party name: Access Now, Article 19, Center for Long-Term Cybersecurity, Electronic Frontier Foundation, Privacy International and Professor Ronald Deibert | ||
| William S. Dodge Counsel of Record | University of California, Davis, School of Law 400 Mrak Hall Drive Davis, CA 95616 wsdodge@ucdavis.edu | 510-421-0494 |
| Party name: International Law Scholars | ||
| Jay W. Eisenhofer Counsel of Record | Grant and Eisenhofer P.A. 485 Lexington Avenue New York, NY 10017 jeisenhofer@gelaw.com | (646) 722-8500 |
| Party name: Grant & Eisenhofer ESG Institute | ||
| John Patrick Elwood Counsel of Record | Arnold & Porter Kaye Scholer LLP 601 Massachusetts Ave., NW Washington, DC 20001 john.elwood@arnoldporter.com | (202) 942-5992 |
| Party name: The Chamber of Commerce of the United States of America, the National Association of Manufacturers, the National Foreign Trade Council, Global Business Alliance, and United States Council for International Business | ||
| Samuel Estreicher Counsel of Record | NYU School of Law 40 Washington Sq. South New York, NY 10012 samuel.estreicher@nyu.edu | 212-998-6226 |
| Party name: Professors of International Law, Foreign Relations Law and Federal Jurisdiction | ||
| Agnieszka M. Fryszman Counsel of Record | Cohen Milstein Sellers & Toll, PLLC 1100 New York Ave. Suite 500 Washington, DC 20005 afryszman@cohenmilstein.com | 202-408-4600 |
| Party name: Members of Congress Senator Blumenthal, Representative Smith, et al. | ||
| Katherine M. Gallagher Counsel of Record | Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012 kgallagher@ccrjustice.org | 2126146455 |
| Party name: International Human Rights Organizations | ||
| Tyler Richard Giannini Counsel of Record | International Human Rights Clinic, Harvard Law School 6 Everett Street, 3rd Floor Cambridge, MA 02138 giannini@law.harvard.edu | (617) 495-9263 |
| Party name: Professors of Legal History, et al. | ||
| Jack L. Goldsmith Counsel of Record | 1563 Massachusetts Ave. Cambridge, MA 02138 goldsmith.jack@gmail.com | (617) 384-8159 |
| Party name: Chevron Corporation | ||
| Brianne Jenna Gorod Counsel of Record | Constitutional Accountability Center 1200 18th Street, NW Suite 501 Washington, DC 20036 brianne@theusconstitution.org | 202 296 6889 |
| Party name: Constitutional Accountability Center | ||
| Jennifer M. Green Counsel of Record | University of Minnesota Law School 229 19th Avenue South Minneapolis, MN 55455 jmgreen@umn.edu | 612-625-7247 |
| Party name: Nuremberg Scholars | ||
| Oona A. Hathaway Counsel of Record | Yale Law School 127 Wall Street New Haven, CT 06511 Oona.hathaway@yale.edu | 203-343-8482 |
| Party name: Yale Law School Center for Global Legal Challenges | ||
| Michael David Hausfeld Counsel of Record | Hausfeld LLP 1700 K Street, NW Suite 650 Washington, DC 20006 mhausfeld@hausfeld.com | 2025407148 |
| Party name: Oxfam America, et al. | ||
| Richard L. Herz Counsel of Record | EarthRights International 1612 K Street N.W. Suite 800 Washington, DC 20006 rick@earthrights.org | 860-233-4938 |
| Party name: EarthRights International | ||
| Harold Hongju Koh Counsel of Record | Peter Gruber Rule of Law Clinic Yale Law School 127 Wall Street New Haven, CT 06520-8215 harold.koh@ylsclinics.org | 2034641801 |
| Party name: Former Government Officials | ||
| Kevin Paul Martin Counsel of Record | Goodwin Procter LLP Exchange Place Boston, MA 02109 kmartin@goodwinlaw.com | 6175701000 |
| Party name: The World Cocoa Foundation, et al. | ||
| Owen C. Pell Counsel of Record | White & Case LLP 1221 Avenue of the Americas New York, NY 10020-1095 opell@whitecase.com | 212-819-8891 |
| Party name: Cato Institute | ||
| Charity Starr Ryerson Counsel of Record | Corporate Accountability Lab 6214 N. Glenwood Ave. Chicago, IL 60660 charity@corpaccountabilitylab.org | 3178507384 |
| Party name: Small and Mid-Size Cocoa and Chocolate Companies | ||
| Charity Starr Ryerson Counsel of Record | Corporate Accountability Lab 6214 N. Glenwood Ave. Chicago, IL 60660 charity@corpaccountabilitylab.org | 3178507384 |
| Party name: Tony's Chocolonely | ||
| Pratik Arvind Shah Counsel of Record | Akin Gump Strauss Hauer & Feld, LLP 2001 K Street N.W. Washington, DC 20006 pshah@akingump.com | 202-887-4210 |
| Party name: The Coca-Cola Company | ||
| Beth Van Schaack Counsel of Record | Stanford Law School 559 Nathan Abbott Way Stanford, CA 94305 bethvs@stanford.edu | 6507255310 |
| Party name: International Law Scholars, Former Diplomats, and Practitioners | ||