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Docket for 18-1028
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Search documents in this case:
No. 18-1028
Vide 18-1023, 18-1038
Title:Moda Health Plan, Inc., Petitioner
v.
United States
Docketed:February 6, 2019
Lower Ct:United States Court of Appeals for the Federal Circuit
   Case Numbers:(2017-1994)
   Decision Date:June 14, 2018
Rule 12.4
   Rehearing Denied:November 6, 2018
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Feb 04 2019Petition for a writ of certiorari filed. (Response due March 8, 2019)
PetitionAppendixCertificate of Word CountProof of Service
Feb 21 2019Blanket Consent filed by Petitioners, Moda Health Plan, Inc., et al..
Blanket Consent
Feb 25 2019Motion to extend the time to file a response from March 8, 2019 to April 8, 2019, submitted to The Clerk.
Main Document
Feb 27 2019Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2019.
Mar 08 2019Brief amicus curiae of America's Health Insurance Plans filed.
Main DocumentCertificate of Word CountProof of Service
Mar 08 2019Brief amici curiae of 18 States and the District of Columbia filed.
Main DocumentCertificate of Word CountProof of Service
Mar 08 2019Brief amicus curiae of National Association of Insurance Commissioners filed.
Main DocumentCertificate of Word CountProof of Service
Mar 08 2019Brief amici curiae of Highmark Inc., et al. filed.
Main DocumentProof of ServiceCertificate of Word Count
Mar 08 2019Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Main DocumentCertificate of Word CountProof of Service
Mar 08 2019Brief amici curiae of Economists, et al. filed. VIDED
Main DocumentCertificate of Word CountProof of Service
Mar 08 2019Brief amicus curiae of Blue Cross Blue Shield Association filed. VIDED
Main DocumentCertificate of Word CountProof of Service
Mar 08 2019Brief amicus curiae of The Association for Community Affiliated Plans filed.
Main DocumentProof of ServiceCertificate of Word Count
Mar 08 2019Amicus brief of 18 States and the District of Columbia not accepted for filing. (Corrected version submitted)
Mar 29 2019Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk.
Main Document
Apr 01 2019Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2019.
May 08 2019Brief of respondent United States in opposition filed. VIDED.
Main DocumentProof of Service
May 28 2019DISTRIBUTED for Conference of 6/13/2019.
May 28 2019Reply of petitioners Moda Health Plan, Inc., et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jun 17 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 24 2019Petition GRANTED. The petitions for writs of certiorari in No. 18-1023 and No. 18-1038 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jun 24 2019Because 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. 18-1023. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1023. 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.” (July 17, 2019)
Sep 13 2019SET FOR ARGUMENT on Tuesday, December 10, 2019. VIDED.
Oct 23 2019Record requested from the U.S.C.A. Federal Circuit.
Oct 25 2019CIRCULATED
Nov 05 2019Record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
Dec 10 2019Argued. For petitioners: Paul D. Clement, Washington, D. C. For respondent: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
Apr 27 2020Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Kagan, and Kavanaugh, JJ., joined, and in which Thomas and Gorsuch, JJ., joined as to all but Part III–C. Alito, J., filed a dissenting opinion. VIDED.
May 29 2020JUDGMENT ISSUED.

NAMEADDRESSPHONE
Attorneys for Petitioner
Paul D. Clement
    Counsel of Record
Kirkland & Ellis LLP
655 Fifteenth Street, NW
Washington, DC 20005

paul.clement@kirkland.com
(202) 879-5000
Party name: Moda Health Plan, Inc., et al.
Attorneys for Respondent
Noel J. Francisco
    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
Other
K. Lee Blalack II
    Counsel of Record
O'Melveny & Myers, LLP
1625 Eye Street, NW
Washington, DC 20006

lblalack@omm.com
202-383-5374
Party name: Blue Cross Blue Shield Association
Benjamin Noah Gutman
    Counsel of Record
Office of the Attorney General of the State of Oregon
1162 Court Street NE
Salem, OR 97301

benjamin.gutman@doj.state.or.us
503-378-4402
Party name: 18 States and the District of Columbia
William Lewis Roberts
    Counsel of Record
Faegre Baker Daniels LLP
2200 Wells Fargo Center
90 South 7th Street
Minneapolis, MN 55402

william.roberts@faegrebd.com
612-766-7508
Party name: The Association for Community Affiliated Plans
Andrew H. Schapiro
    Counsel of Record
Quinn Emanuel Urquhart & Sullivan, LLP
191 North Wacker Drive, Suite 2700
Chicago, IL 60606

andrewschapiro@quinnemanuel.com
312-705-7400
Party name: Economists M. Kate Bundorf; Scott Harrington; Michael Chernew; Leemore S. Dafny; Thomas G. McGuire; Mark V. Pauly; Kosali Simon
Pratik Arvind Shah
    Counsel of Record
Akin Gump Strauss Hauer & Feld, LLP
1333 New Hampshire Ave., NW
Washington, DC 02109

pshah@akingump.com
202-887-4210
Party name: America's Health Insurance Plans
Lawrence S. Sher
    Counsel of Record
Reed Smith LLP
1301 K Street, NW, Suite 100 - East Tower
Washington, DC 20005

lsher@reedsmith.com
202-414-9200
Party name: Highmark Inc., Blue Cross and Blue Shield of Kansas City, Blue Cross and Blue Shield of Vermont, Blue Cross of Idaho Health Service, Inc., Molina Healthcare of California, Inc., and L.A. Care Health Plan
Derek T. Teeter
    Counsel of Record
Husch Blackwell LLP
4801 Main Street, Suite 1000
Kansas City, MO 64112

derek.teeter@huschblackwell.com
816-983-8000
Party name: National Association of Insurance Commissioners
Paul J. Zidlicky
    Counsel of Record
Sidley Austin LLP
1501 K Street, N.W.
Washington, DC 20005

pzidlicky@sidley.com
202-736-8000
Party name: Chamber of Commerce of the United States of America

 

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