| No. 21-1170 | |
| Title: | Louis Ciminelli, Petitioner v. United States, et al. |
| Docketed: | February 24, 2022 |
| Linked with 21A298 | |
| Lower Ct: | United States Court of Appeals for the Second Circuit |
| Case Numbers: | (18-3710, 18-3712, 18-3715, 18-3850) |
| Decision Date: | September 8, 2021 |
| Rehearing Denied: | November 1, 2021 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jan 07 2022 | Application (21A298) granted by Justice Sotomayor extending the time to file until March 1, 2022. |
| Feb 18 2022 | Petition for a writ of certiorari filed. (Response due March 28, 2022) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Mar 23 2022 | Motion to extend the time to file a response from March 28, 2022 to April 27, 2022, submitted to The Clerk. |
| Main Document | |
| Mar 24 2022 | Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2022. |
| Mar 24 2022 | Brief amicus curiae of New York Council of Defense Lawyers filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 05 2022 | Motion to extend the time to file a response from April 27, 2022 to May 24, 2022, submitted to The Clerk. |
| Main Document | |
| Apr 07 2022 | Motion to extend the time to file a response is granted and the time is further extended to and including May 24, 2022. |
| May 24 2022 | Brief of respondent United States in opposition filed. VIDED. |
| Main DocumentCertificate of Word Count | |
| Jun 06 2022 | Reply of petitioner Louis Ciminelli filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 07 2022 | DISTRIBUTED for Conference of 6/23/2022. |
| Jun 29 2022 | DISTRIBUTED for Conference of 6/29/2022. |
| Jun 30 2022 | Petition GRANTED. |
| Jul 12 2022 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jul 22 2022 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2022. The time to file respondent's brief on the merits is extended to and including October 12, 2022. |
| Aug 29 2022 | Brief of petitioner Louis Ciminelli filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 29 2022 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Aug 29 2022 | Brief of respondent Alain Kaloyeros in support of petitioner filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 29 2022 | Brief of respondents Steven Aiello and Joseph Gerardi in support of petitioner filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 06 2022 | Brief amici curiae of Law Professors filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 06 2022 | Amicus brief of New York Council of Defense Lawyers not accepted for filing.(Corrected version submitted) (September 13, 2022) |
| Sep 06 2022 | Brief amicus curiae of New York Council of Defense Lawyers filed.(Sep. 13, 2022) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 06 2022 | Brief amicus curiae of Associated General Contractors of America, Inc filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 06 2022 | Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 06 2022 | Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 07 2022 | Record received from the U.S.D.C. Southern District of New York. The documents are Sealed Impounded. ( One envelope ). Also one CD with Sealed documents has been electronically filed. |
| Oct 12 2022 | Brief of respondent United States filed. |
| Main DocumentCertificate of Word Count | |
| Oct 18 2022 | SET FOR ARGUMENT on Monday, November 28, 2022. |
| Oct 25 2022 | CIRCULATED. |
| Oct 28 2022 | Record requested from the U.S.C.A. 2nd Circuit. |
| Nov 14 2022 | Reply of petitioner Louis Ciminelli filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 14 2022 | Reply of respondents Steven Aiello and Joseph Gerardi in support of petitioner filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Nov 14 2022 | Reply of respondent Alain Kaloyeros in support of petitioner filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 28 2022 | Argued. For petitioner: Michael R. Dreeben, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. |
| May 11 2023 | Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion. |
| Jun 12 2023 | Judgment issued. |
| Main Document |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Michael R. Dreeben Counsel of Record | O’Melveny & Myers LLP 1625 I St. NW Washington, DC 20006 mdreeben@omm.com | 202-383-5400 |
| Party name: Louis Ciminelli | ||
| Attorneys for Respondents | ||
| Michael Campion Miller Counsel of Record | Steptoe & Johnson LLP 1114 Avenue of the Americas New York, NY 10036 mmiller@steptoe.com | +1 (212) 506-3900 |
| Party name: Alain Kaloyeros in support of petitioner | ||
| Elizabeth B. Prelogar 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: United States | ||
| Alexandra Anastasia Ekaterina Shapiro Counsel of Record | Shapiro Arato Bach LLP 500 Fifth Avenue 40th Floor New York, NY 10110 ashapiro@shapiroarato.com | (212) 257-4880 |
| Party name: Steven Aiello and Joseph Gerardi in support of petitioner | ||
| Other | ||
| Adrian L. Bastianelli III | Peckar & Abramson, P.C. 1325 Avenue of the Americas, 10th Floor New York, NY 10019 abastianelli@pecklaw.com | (212) 382-0909 |
| Party name: Associated General Contractors of America, Inc | ||
| Thomas Jerome Curran Counsel of Record | Peckar & Abramson, P.C. 1325 Avenue of the Americas , FL 10 New York, NY 10019 tcurran@pecklaw.com | 2123820909 |
| Party name: Associated General Contractors of America, Inc | ||
| Joshua Lewis Dratel Counsel of Record | Dratel & Lewis 29 Broadway Suite 1412 New York, NY 10006 jdratel@joshuadratel.com | 2127320707 |
| Party name: The National Association of Criminal Defense Lawyers | ||
| Michael Dallas Lieberman Counsel of Record | Kirkland & Ellis LLP 1301 Pennsylvania Ave., NW Washington, DC 20004 michael.lieberman@kirkland.com | (202) 389-5000 |
| Party name: Law Professors | ||
| Harry Sandick Counsel of Record | Patterson Belknap Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 hsandick@pbwt.com | (212)336-2000 |
| Party name: New York Council of Defense Lawyers | ||
| Adam G. Unikowsky Counsel of Record | Jenner & Block LLP 1099 New York Avenue, NW Suite 900 Washington, DC 20001 AUnikowsky@jenner.com | 202-639-6000 |
| Party name: Chamber of Commerce of the United States of America | ||