| No. 19-508 | |
| Title: | AMG Capital Management, LLC, et al., Petitioners v. Federal Trade Commission |
| Docketed: | October 21, 2019 |
| Linked with 19A252, 20A103 | |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (16-17197) |
| Decision Date: | December 3, 2018 |
| Rehearing Denied: | June 20, 2019 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Sep 03 2019 | Application (19A252) to extend the time to file a petition for a writ of certiorari from September 18, 2019 to October 18, 2019, submitted to Justice Kagan. |
| Main DocumentLower Court Orders/OpinionsOtherProof of Service | |
| Sep 03 2019 | Application (19A252) granted by Justice Kagan extending the time to file until October 18, 2019. |
| Oct 18 2019 | Petition for a writ of certiorari filed. (Response due November 20, 2019) |
| PetitionCertificate of Word CountProof of Service | |
| Nov 13 2019 | Brief amicus curiae of Cause of Action Institute filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 18 2019 | Brief amicus curiae of Washington Legal Foundation filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 20 2019 | Brief amici curiae of Chamber of Commerce of the United States of America and National Retail Federation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 20 2019 | Motion to extend the time to file a response from November 20, 2019 to December 20, 2019, submitted to The Clerk. |
| Main Document | |
| Nov 21 2019 | Motion to extend the time to file a response is granted and the time is extended to and including December 20, 2019. |
| Dec 13 2019 | Brief of respondent Federal Trade Commission filed. |
| Main DocumentCertificate of Word Count | |
| Dec 18 2019 | Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed. |
| Main Document | |
| Dec 20 2019 | Reply of petitioners AMG Capital Management, LLC, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 23 2019 | DISTRIBUTED for Conference of 1/10/2020. |
| Jan 02 2020 | Rescheduled. |
| Apr 01 2020 | DISTRIBUTED for Conference of 4/17/2020. |
| Apr 02 2020 | Rescheduled. |
| Apr 28 2020 | DISTRIBUTED for Conference of 5/15/2020. |
| Jun 22 2020 | DISTRIBUTED for Conference of 6/25/2020. |
| Jun 23 2020 | Supplemental brief of petitioners AMG Capital Management, LLC, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 29 2020 | DISTRIBUTED for Conference of 7/1/2020. |
| Jul 08 2020 | DISTRIBUTED for Conference of 7/8/2020. |
| Jul 09 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-825 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Jul 09 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. 19-508. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-508. 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.” |
| Aug 10 2020 | Joint motion for alignment and extension of time to file the briefs on the merits filed. |
| Main Document | |
| Aug 11 2020 | Blanket Consent filed by Credit Bureau Center, LLC, et al. VIDED. |
| Blanket Consent | |
| Aug 12 2020 | Joint motion for alignment and an extension of time to file the briefs on the merits granted. Petitioners in No. 19-508 and respondents in No. 19-825 have to and including September 25, 2020, within which to file the joint appendix and their opening briefs on the merits. The Federal Trade Commission has to and including November 30, 2020, within which to file its consolidated response brief on the merits. VIDED. |
| Aug 20 2020 | Blanket Consent filed by Respondent, Federal Trade Commission |
| Blanket Consent | |
| Sep 17 2020 | Joint motion to dispense with printing the joint appendix filed. VIDED. |
| Main DocumentProof of Service | |
| Sep 25 2020 | Brief of respondents Credit Bureau Center, LLC, et al. filed (in 19-825). |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 25 2020 | Blanket Consent filed by Petitioners, AMG Capital Management, LLC, et al. VIDED |
| Blanket Consent | |
| Sep 25 2020 | Brief of petitioners AMG Capital Management, LLC, et al. filed (in 19-508). |
| Certificate of Word CountProof of ServiceMain Document | |
| Oct 01 2020 | Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 02 2020 | Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 02 2020 | Brief amicus curiae of TechFreedom filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 02 2020 | Brief amicus curiae of Surescripts, LLC filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 02 2020 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 02 2020 | Brief amicus curiae of The Pharmaceutical Research and Manufacturers of America filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 02 2020 | Brief amicus curiae of The New Civil Liberties Alliance filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 02 2020 | Brief amicus curiae of SBH A&I filed.(also in 19-825) VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 05 2020 | Joint motion to dispense with printing the joint appendix filed by the parties GRANTED. VIDED. |
| Nov 09 2020 | This case is no longer consolidated with No. 19-825, Federal Trade Commission v. Credit Bureau Center. |
| Nov 12 2020 | Application (20A103) to file respondent's brief on the merits and petitioners' reply brief on the merits in excess of the word limits, submitted to Justice Kagan. |
| Main Document | |
| Nov 19 2020 | Application (20A103) granted by Justice Kagan to file respondent's brief on the merits and petitioners' reply brief on the merits in excess of the word limits. Respondent's brief on the merits shall not exceed 15,500 words, and petitioners' reply brief on the merits shall not exceed 7,150 words. |
| Nov 25 2020 | SET FOR ARGUMENT on Wednesday, January 13, 2021. |
| Nov 30 2020 | Brief of respondent Federal Trade Commission filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 03 2020 | Record requested from the U.S.C.A. 9th Circuit. |
| Dec 04 2020 | Brief amici curiae of Former Federal Trade Commission Officials filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 07 2020 | Brief amici curiae of Remedies, Restitution, Antitrust, and Intellectual Property Law Scholars filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 07 2020 | Brief amicus curiae of American Antitrust Institute filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 07 2020 | Brief amicus curiae of Open Markets Institute filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 07 2020 | Brief amicus curiae of Public Citizen filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 07 2020 | Brief amici curiae of States of Illinois, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 07 2020 | Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 07 2020 | Brief amicus curiae of Truth in Advertising, Inc. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 08 2020 | CIRCULATED |
| Dec 09 2020 | The record from the U.S.C.A. 9th Circuit is electronic and located on PACER. |
| Dec 30 2020 | Reply of petitioners AMG Capital Management, LLC, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 13 2021 | Argued. For petitioners: Michael Pattillo, Fernandina Beach, Fla. For respondent: Joel R. Marcus, Washington, D. C. |
| Apr 22 2021 | Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court. |
| May 24 2021 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| 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: Credit Bureau Center, LLC, et al. | ||
| Jeffrey Alan Lamken Counsel of Record | MoloLamken LLP The Watergate, Suite 660 600 New Hampshire Ave., N.W. Washington, DC 20037 jlamken@mololamken.com | 2025562010 |
| Party name: AMG Capital Management, LLC, et al. | ||
| Michael G. Pattillo Jr. | MoloLamken LLP 600 New Hampshire Ave., NW Washington, DC 20037 mpattillo@mololamken.com | (202)-556-2000 |
| Party name: AMG Capital Management, LLC, et al. | ||
| Attorneys for Respondent | ||
| Joel Robert Marcus Counsel of Record | Federal Trade Commission 600 Pensylvania Avenue, N.W. Washington, DC 20580 jmarcus@ftc.gov | 202 326 3350 |
| Party name: Federal Trade Commission | ||
| Elizabeth B. Prelogar | Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Federal Trade Commission | ||
| Other | ||
| Asheesh Agarwal Counsel of Record | TechFreedom 110 Maryland Ave NE, Suite #205 Washington, DC 20002 aagarwal@techfreedom.org | 7033383913 |
| Party name: TechFreedom | ||
| 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 | ||
| Jennifer Dale Bennett Counsel of Record | Gupta Wessler, PLLC 100 Pine Street, Suite 1250 San Francisco, CA 94111 jennifer@guptawessler.com | (415) 569-6979 |
| Party name: American Antitrust Institute | ||
| Cynthia Fleming Crawford Counsel of Record | Cause of Action Institute 1310 N. Courthouse Road 7th Floor Arlington, VA 22201 cynthia.crawford@causeofaction.org | 2024992421 |
| Party name: Cause of Action Institute | ||
| Cynthia Fleming Crawford Counsel of Record | Americans for Prosperity Foundation 1310 N. Courthouse Road 7th Floor Arlington, VA 22201 ccrawford@afphq.org | 5713292227 |
| Party name: Americans for Prosperity Foundation | ||
| Ilana Hope Eisenstein Counsel of Record | DLA Piper LLP (US) 1650 Market Street Suite 5000 Philadelphia, PA 19109-7300 ilana.eisenstein@dlapiper.com | 215-656-3300 |
| Party name: Chamber of Commerce of the United States of America and National Retail Federation | ||
| David Thomas Goldberg Counsel of Record | Donahue, Goldberg, Weaver & Littleton 1008 Pennsylvania Avenue, SE Washington, DC 20003 david@donahuegoldberg.com | 2123348813 |
| Party name: Truth in Advertising, Inc. | ||
| John David Graubert Counsel of Record | Covington & Burling LLP One CityCenter 850 Tenth St. NW Washington, DC 20001-4956 jgraubert@cov.com | 2026625938 |
| Party name: The Pharmaceutical Research and Manufacturers of America | ||
| Jay L. Himes Counsel of Record | Labaton Sucharow, LLP 140 Broadway New York, NY 10005 jhimes@labaton.com | 212-907-0834 |
| Party name: Open Markets Institute | ||
| Nandan Maheshchandra Joshi Counsel of Record | Public Citizen Litigation Group 1600 20th Street, NW Washington, DC 20009 njoshi@citizen.org | 2025887733 |
| Party name: Public Citizen | ||
| Phillip Robert Malone Counsel of Record | Juelsgaard Intellectual Property and Innovation Clinic Mills Legal Clinic at Stanford Law School 559 Nathan Abbott Way Stanford, CA 94305 pmalone@law.stanford.edu | 650-725-6369 |
| Party name: 43 Remedies, Restitution, Antitrust, and Intellectual Property Scholars | ||
| Roman Martinez V Counsel of Record | Latham & Watkins, LLP 555 Eleventh Street, NW Washington, DC 20004 roman.martinez@lw.com | 202-637-3377 |
| Party name: Surescripts, LLC | ||
| Jane Elinor Notz Counsel of Record | Office of the Attorney General, State of Illinois 100 West Randolph Street, 12th Floor Chicago, IL 60601 jnotz@atg.state.il.us | 312-814-5376 |
| Party name: States of Illinois et al. | ||
| Stuart Todd Rossman Counsel of Record | National Consumer Law Center 7 Winthrop Square Boston, MA 02110 srossman@nclc.org | 617-542-8010 |
| Party name: National Consumer Law Center, et al. | ||
| John Julian Vecchione Counsel of Record | The New Civil Liberties Alliance 1225 19th St. NW Suite 450 Washington, DC 20036-2411 john.vecchione@ncla.onmicrosoft.com | 2029186902 |
| Party name: The New Civil Liberties Alliance | ||
| David Charney Vladeck Counsel of Record | Georgetown Law 600 New Jersey Avenue, NW Washington, DC 20001 vladeckd@georgetown.edu | 202-661-6614 |
| Party name: Former Federal Trade Commission Officials | ||
| Daryl M. Williams Counsel of Record | Williams|Mestaz, LLP 6225 N. 24th St. Suite 125 Phoenix, AZ 85028 dwilliams@williamsmestaz.com | 6024457735 |
| Party name: SBH A&I | ||