| No. 21-1326 | |
| Title: | United States, et al., ex rel. Tracy Schutte, et al., Petitioners v. SuperValu Inc., et al. |
| Docketed: | April 5, 2022 |
| Linked with 21A439, 22A702 | |
| Lower Ct: | United States Court of Appeals for the Seventh Circuit |
| Case Numbers: | (20-2241) |
| Decision Date: | August 12, 2021 |
| Rehearing Denied: | December 3, 2021 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Feb 18 2022 | Application (21A439) to extend the time to file a petition for a writ of certiorari from March 3, 2022 to April 1, 2022, submitted to Justice Barrett. |
| Main DocumentProof of Service | |
| Feb 24 2022 | Application (21A439) granted by Justice Barrett extending the time to file until April 1, 2022. |
| Apr 01 2022 | Petition for a writ of certiorari filed. (Response due May 5, 2022) |
| PetitionCertificate of Word CountProof of Service | |
| Apr 11 2022 | Waiver of right of respondent SuperValu, Inc., et al. to respond filed. |
| Main Document | |
| Apr 13 2022 | DISTRIBUTED for Conference of 4/29/2022. |
| Apr 19 2022 | Response Requested. (Due May 19, 2022) |
| May 09 2022 | Motion to extend the time to file a response from May 19, 2022 to June 20, 2022, submitted to The Clerk. |
| Main Document | |
| May 10 2022 | Motion to extend the time to file a response is granted and the time is extended to and including June 21, 2022. See Rule 30.1. |
| May 19 2022 | Brief amicus curiae of Senator Charles E. Grassley filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| May 19 2022 | Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 21 2022 | Brief of respondents SuperValu, Inc., et al. in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 06 2022 | DISTRIBUTED for Conference of 9/28/2022. |
| Jul 06 2022 | Reply of petitioners United States ex rel. Tracy Schutte, et al. filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 22 2022 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Dec 06 2022 | Brief amicus curiae of United States filed. |
| Main DocumentProof of Service | |
| Dec 20 2022 | Supplemental brief of respondents SuperValu, Inc., et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 21 2022 | DISTRIBUTED for Conference of 1/6/2023. |
| Jan 09 2023 | DISTRIBUTED for Conference of 1/13/2023. |
| Jan 13 2023 | Petition GRANTED. The petition for a writ of certiorari in No. 22-111 is GRANTED. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Jan 13 2023 | 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. 21-1326. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-1326. 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.” |
| Jan 31 2023 | SET FOR ARGUMENT on Tuesday, April 18, 2023. VIDED. |
| Feb 01 2023 | Joint briefing proposal of the parties filed. VIDED. |
| Main Document | |
| Feb 01 2023 | Pursuant to the briefing proposal of the parties, the joint appendix and petitioners' brief on the merits are to be filed on or before February 17, 2023; respondents' brief on the merits is to be filed on or before March 21, 2023; and the reply brief is to be filed pursuant to Rule 25.3. VIDED. |
| Feb 01 2023 | Application (22A702) of the parties to file consolidated briefs on the merits in excess of the word limits, submitted to Justice Barrett. VIDED. |
| Main DocumentProof of Service | |
| Feb 08 2023 | Record requested from the U.S.C.A.-7th Circuit. VIDED. |
| Feb 08 2023 | Application (22A702) granted by Justice Barrett expanding the word limits to file consolidated briefs on the merits provided that petitioners' brief does not exceed 15,000 words, respondents' brief does not exceed 15,000 words, and the reply brief does not exceed 7,000 words. VIDED. |
| Feb 09 2023 | All records from the USCA-7th Circuit are available on PACER. Record request forwarded to the USDC-Central District of Illinois. VIDED. |
| Feb 10 2023 | Notice of Substitution of Counsel of Record filed. VIDED. |
| Main Document | |
| Feb 15 2023 | Letter requesting permission to file the joint appendix using the deferred method pursuant to Rule 26.4 filed. VIDED. |
| Main Document | |
| Feb 16 2023 | The Clerk has approved the filing of the joint appendix using the deferred method pursuant to Rule 26.4. VIDED. |
| Feb 16 2023 | Motion for leave to file a supplemental volume of the joint appendix under seal filed by respondents. VIDED. |
| Feb 17 2023 | Brief of petitioners United States ex rel. Tracy Schutte, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 22 2023 | Brief amici curiae of State of Connecticut, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 24 2023 | Brief amicus curiae of United States filed. VIDED |
| Main DocumentProof of Service | |
| Feb 24 2023 | Brief amicus curiae of National Whistleblower Center filed. VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 24 2023 | Brief amicus curiae of Senator Charles E. Grassley filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 24 2023 | Amicus brief of Taxpayers Against Fraud Education Fund not accepted for filing. (Corrected version to be submitted--March 03, 2023). |
| Feb 24 2023 | Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. (Mar. 7, 2023) VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 02 2023 | Sealed records transmitted electronically from the U.S.D.C.-Central District of Illinois. The remaining record is available on PACER. VIDED. |
| Mar 03 2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. VIDED. |
| Main DocumentProof of Service | |
| Mar 06 2023 | Motion of respondents for leave to file a supplemental volume of the joint appendix under seal GRANTED. VIDED. |
| Mar 20 2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument is GRANTED in part, and the time is divided as follows: 20 minutes for petitioners, 10 minutes for the Solicitor General, and 30 minutes for respondents. VIDED. |
| Mar 21 2023 | Brief of respondents SuperValu, Inc., et al. and Safeway, Inc. filed. VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 24 2023 | CIRCULATED |
| Mar 27 2023 | Brief amicus curiae of Washington Legal Foundation filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2023 | Brief amicus curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2023 | Brief amicus curiae of National Defense Industrial Association, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2023 | Brief amicus curiae of CTIA - The Wireless Association, et al. filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 28 2023 | Amicus brief of American Hospital Association and America’s Health Insurance Plans not accepted for filing. (March 30, 2023) |
| Mar 28 2023 | Brief amici curiae of American Hospital Association, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2023 | Brief amici curiae of Advanced Medical Technology Association, Biotechnology Innovation Organization, and Members of The Medical Information Working Group filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2023 | Brief amicus curiae of National Association of Chain Drug Stores filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 28 2023 | Brief amici curiae of Professional Services Council and International Stability Operations Association filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 28 2023 | Brief amici curiae of Taxpayers' Federation of Illinois; et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 04 2023 | Joint appendix filed (statement of cost filed). (Distributed) |
| Main DocumentProof of Service | |
| Apr 04 2023 | Supplemental Joint appendix (under seal ) filed. (Distributed) |
| Apr 07 2023 | Reply of petitioners United States ex rel. Tracy Schutte, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 18 2023 | Argued. For petitioners: Tejinder Singh, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Carter G. Phillips, Washington, D. C. VIDED. |
| Jun 01 2023 | Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. VIDED. |
| Jul 03 2023 | Judgment issued. |
| Main Document |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Tejinder Singh Counsel of Record | Sparacino PLLC 1920 L Street, NW Suite 835 Washington, DC 20036 tejinder@sparacinopllc.com | 2026293530 |
| Party name: United States ex rel. Tracy Schutte, et al. | ||
| John Timothy Keller | Aschemann Keller LLC 300 N. Monroe Street Marion, IL 62959 TKELLER@QUITAMLAW.ORG | (618) 998-9988 |
| Party name: United States ex rel. Tracy Schutte, et al. | ||
| Julie Webster Popham | Helmer, Martins, Tate & Garrett Co., LPA 1745 Madison Road Cincinnati, OH 45206 JPOPHAM@FCALAWFIRM.COM | 5134212400 |
| Party name: United States ex rel. Tracy Schutte, et al. | ||
| James Andrew Tate | Helmer, Martins, Tate & Garrett Co., LPA 1745 Madison Rd. Cincinnati, OH 45206 JTATE@FCALAWFIRM.COM | 5134212400 |
| Party name: United States ex rel. Tracy Schutte, et al. | ||
| Attorneys for Respondents | ||
| Carter G. Phillips Counsel of Record | Sidley Austin LLP 1501 K Street, N.W. Washington, DC 20005 CPHILLIPS@SIDLEY.COM | +1 202 736 8270 |
| Party name: SuperValu, Inc., et al. | ||
| John Caviness O'Quinn | Kirkland & Ellis LLP 1301 Pennsylvania Avenue, NW Washington, DC 20004 john.oquinn@kirkland.com | 202-389-5191 |
| Party name: SuperValu, Inc., et al. | ||
| Other | ||
| Beth Susan Brinkmann Counsel of Record | Covington & Burling 850 Tenth Street, NW Washington, DC 20001-4956 BBRINKMANN@COV.COM | 202-662-5312 |
| Party name: National Defense Industrial Association and Coalition for Government Procurement | ||
| Samuel John Buffone Jr. | Black & Buffone PLLC 1400 Eye St. NW Suite 200 Washington, DC 20005 SAM@BLACKANDBUFFONE.COM | 2029978562 |
| Party name: Taxpayers Against Fraud Education Fund | ||
| Michael R. Dreeben Counsel of Record | O’Melveny & Myers LLP 1625 Eye Street, NW Washington, DC 20006 MDREEBEN@OMM.COM | 202-383-5400 |
| Party name: American Hospital Association and America’s Health Insurance Plans | ||
| 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: Chamber of Commerce of the United States of America, et al. | ||
| Christopher Eric Fader Counsel of Record | Duane Morris LLP 190 South LaSalle Street Suite 3700 Chicago, IL 60603 EFADER@DUANEMORRIS.COM | 3124990144 |
| Party name: Taxpayers' Federation of Illinois; Council On State Taxation | ||
| Douglas Harry Hallward-Driemeier Counsel of Record | Ropes & Gray, LLP 2099 Pennsylvania Avenue, NW Washington, DC 20006-6807 DOUGLAS.HALLWARD-DRIEMEIER@ROPESGRAY.COM | 202-508-4776 |
| Party name: Advanced Medical Technology Association, Biotechnology Innovation Organization, and Members of The Medical Information Working Group | ||
| Eric Ross Havian Counsel of Record | Constantine Cannon LLP 150 California Street, Suite 1600 San Francisco, CA 94111 ehavian@constantinecannon.com | 415-342-4585 |
| Party name: Senator Charles E. Grassley | ||
| Kyle Douglas Hawkins Counsel of Record | Lehotsky Keller LLP 919 Congress Avenue Austin, TX 78701 KYLE@LEHOTSKYKELLER.COM | 512-693-8350 |
| Party name: CTIA - The Wireless Association and USTELECOM - The Broadband Association | ||
| Stephen M. Kohn Counsel of Record | Kohn, Kohn and Colapinto, LLP 1710 N Street NW Washington, DC 20036 KAYLA.CONTI@KKC.COM | 2023426980 |
| Party name: National Whistleblower Center | ||
| Craig Y. Lee Counsel of Record | Hunton Andrews Kurth LLP 2200 Pennsylvania Ave., NW 9th Floor Washington, DC 20037 CRAIGLEE@HUNTONAK.COM | (202) 955-1500 |
| Party name: National Association of Chain Drug Stores | ||
| John Mercer Masslon II Counsel of Record | Washington Legal Foundation 2009 Massachusetts Ave. NW Washington, DC 20036 JMASSLON@WLF.ORG | (202) 588-0302 |
| Party name: Washington Legal Foundation | ||
| David William Ogden Counsel of Record | Wilmer Cutler Pickering 2100 Pennsylvania Ave., NW Washington, DC 20037 DAVID.OGDEN@WILMERHALE.COM | 202-663-6000 |
| Party name: Professional Services Council and International Stability Operations Association | ||
| Elizabeth B. Prelogar | 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 | ||
| Michael Kenneth Skold Counsel of Record | Connecticut Office of the Attorney General 165 Capitol Avenue Hartford, CT 06106 MICHAEL.SKOLD@CT.GOV | (860) 808-5020 |
| Party name: State of Connecticut | ||
| Jennifer Marie Verkamp Counsel of Record | Morgan Verkamp LLC 35 East Seventh Street Suite 600 Cincinnati, OH 45202 jverkamp@morganverkamp.com | 5136514400 |
| Party name: Taxpayers Against Fraud Education Fund | ||