No. 08-103
Title:
Reed Elsevier, Inc., et al., Petitioners
v.
Irvin Muchnick, et al.
Docketed:July 24, 2008
Linked with 07A967
Lower Ct:United States Court of Appeals for the Second Circuit
  Case Nos.:(05-5943, 06-0223)
  Decision Date:November 29, 2007
  Rehearing Denied:April 15, 2008
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Jun 4 2008 Application (07A967) to extend the time to file a petition for a writ of certiorari from July 14, 2008 to August 13, 2008, submitted to Justice Ginsburg.
Jun 9 2008 Application (07A967) granted by Justice Ginsburg extending the time to file until August 13, 2008.
Jul 22 2008 Petition for a writ of certiorari filed. (Response due August 25, 2008)
Aug 8 2008 Brief of respondents Letty Cottin Pogrebin, et al. in support filed.
Aug 19 2008 Waiver of right of respondents Irvin Muchnick, et al. to respond filed.
Sep 10 2008 DISTRIBUTED for Conference of September 29, 2008.
Sep 18 2008 Response Requested . (Due October 20, 2008)
Oct 16 2008 Response to petition from respondents Irvin Muchnick, et al. filed.
Oct 28 2008 Reply of petitioners Reed Elsevier, Inc., et al. filed. (Distributed)
Oct 29 2008 DISTRIBUTED for Conference of November 14, 2008.
Nov 20 2008 DISTRIBUTED for Conference of November 25, 2008.
Dec 1 2008 DISTRIBUTED for Conference of December 5, 2008.
Dec 8 2008 DISTRIBUTED for Conference of December 12, 2008.
Jan 5 2009 DISTRIBUTED for Conference of January 9, 2009.
Jan 12 2009 DISTRIBUTED for Conference of January 16, 2009.
Jan 21 2009 DISTRIBUTED for Conference of January 23, 2009.
Feb 17 2009 DISTRIBUTED for Conference of February 20, 2009.
Feb 23 2009 DISTRIBUTED for Conference of February 27, 2009.
Mar 2 2009 Petition GRANTED limited to the following Question: Does 17 U. S. C. Sec. 411(a) restrict the subject matter jurisdiction of the federal courts over copyright infringement actions?.
Mar 12 2009 The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including May 18, 2009.
Apr 2 2009 Deborah Jones Merritt, Esq., of Columbus, Ohio, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
Apr 6 2009 The time for respondent Muchnick, et al. within which to file their brief on the merits in support of reversal is extended to and including June 1, 2009.
Apr 6 2009 The time within which to file brief of amicus curiae in support of the judgment below is extended to and including July 31, 2009.
Apr 6 2009 Any amicus curiae briefs in support of reversal are to be filed on or before June 8, 2009.
Apr 6 2009 Any amicus briefs in support of the judgment below are to be filed on or before August 7, 2009.
May 18 2009 Brief of respondents Letty Cottin Pogrebin, et al. in support filed.
May 18 2009 Joint appendix filed (statement of costs received).
May 18 2009 Brief of petitioners Reed Elsevier, Inc., et al. filed.
Jun 1 2009 Brief of Muchnick respondents filed.
Jun 2 2009 Letter dated June 2, 2009 received from counsel for Amicus Curiae in support of Judgment Below. (Distributed).
Jun 8 2009 Brief amicus curiae of United States in support of vacatur and remand filed.
Jun 8 2009 Brief amicus curiae of American Intellectual Property Law Association filed.
Jun 8 2009 Brief amici curiae of Media Publishers and Organizations filed.
Jul 10 2009 The time within which to file brief of amicus curiae in support of the judgment below is further extended to and including August 19, 2009.
Jul 10 2009 Any amicus briefs in support of the judgment below are now to be filed on or before August 26, 2009.
Jul 16 2009 SET FOR ARGUMENT ON Wednesday, October 7, 2009.
Jul 30 2009 CIRCULATED.
Aug 7 2009 Record received from U.S.C.A. for Second Circuit. (1 box)
Aug 11 2009 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 19 2009 Brief of Court Appointed amicus curiae in support of the judgment below filed. (Distributed)
Aug 26 2009 Brief amici curiae of Computer & Communications Industry Association, and NetCoalition filed. (Distributed)
Sep 4 2009 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion.
Sep 11 2009 Supplemental brief of respondents Irvin Muchnick, et al. filed. (Distributed)
Sep 18 2009 Reply of respondents Letty Cottin Pogrebin, et al. in support filed. (Distributed)
Sep 18 2009 Reply of petitioners Reed Elsevier, Inc., et al. filed. (Distributed)
Oct 7 2009 Argued. For petitioners: Charles S. Sims, New York, N.Y.; and Ginger Anders, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For amicus curiae in support of the judgment below: Deborah Jones Merritt, Columbus, Ohio (Appointed by this Court.)
Mar 2 2010 Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Alito, JJ., joined. Ginsburg, J., filed an opinion concurring in part and concurring in the judgment, in which Stevens and Breyer, JJ., joined. Sotomayor, J., took no part in the consideration or decision of the case.
Apr 5 2010 JUDGMENT ISSUED.
Jul 27 2010 Record returned to the U.S.C.A. Second Ciruit.
Aug 2 2010 Record returned to U.S.D.C. of Southern District Court of New York.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioners:
Charles S. Sims Proskauer Rose LLP(212) 969-3950
    Counsel of RecordEleven Times Square
New York, NY  10036-8299
csims@proskauer.com
Party name: Reed Elsevier, Inc., et al.
Attorneys for Respondents:
Michael J. Boni 15 St. Asaphs Road (610)-822-0201
    Counsel of RecordBala Cynwyd, PA  19004
mboni@bonizack.com
Party name: Letty Cottin Pogrebin, et al.
 
Charles D. Chalmers 769 Center Blvd., # 148(415) 860-8134
    Counsel of RecordFairfax, CA  94930
cchalmers@allegiancelit.com
Party name: Irvin Muchnick, et al.
 
Deborah Jones Merritt 55 West 12th Avenue (614) 688-4039
    Counsel of RecordColumbus, OH  43210
merritt.52@osu.edu
Party name: Amicus Curiae In Support of the Judgment Below
 
George W. Croner Kohn Swift & Graf PC(215) 238-1700
One South Broad Street
Suite 2100
Philadelphia, PA  19107
Party name: Letty Cottin Pogrebin, et al.
Other:
Jonathan Band Jonathan Band PLLC(202) 296-5675
Jonathan Band PLLC
21 Dupont Circle NW
8th Floor
Washington, DC  20036
jband@policybandwidth.com
Party name: Computer & Communications Industry Association and NetCoalition
 
Elena Kagan Solicitor General(202) 514-2217
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ.gov
Party name: United States
 
Clifford M. Sloan Skadden Arps Slate Meagher & Flom LLP(202) 371-7000
1440 New York Avenue, N.W.
Washington, DC  20005
cliff.sloan@skadden.com
Party name: Media Publishers and Organizations
 
Amy Sullivan Cahill Stites & Harbison PLLC(502) 587-3400
400 West Market Street
Suite 1800
Louisville, KY  40202
Party name: American Intellectual Property Law Association