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Salt River Project Agricultural Improvement and Power District v. Tesla Energy Operations, Inc., fka SolarCity Corporation

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-17302 · judgment June 12, 2017

Set for argument · March 19, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether orders denying state-action immunity to public entities are immediately appealable under the collateral-order doctrine. DISMISSED PURSUANT TO RULE 46.

Counsel of record

For petitioner
Molly S. Boast
Wilmer Cutler Pickering Hale and Dorr, LLP

For respondent
Deanne Elizabeth Maynard
Morrison & Foerster LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage · 9 merits
(3 supporting pet./neither, 6 respondent)

Proceedings

  1. Mar 22 2018
    Petition Dismissed - Rule 46.
  2. Mar 20 2018
    Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46 received.
  3. Mar 12 2018
    RE SET FOR ARUMENT ON Tuesday, April 17, 2018
  4. Mar 09 2018
    This case is removed from the argument calendar for Monday, March 19, 2018, and will be rescheduled for the April 2018 argument session.
  5. Mar 08 2018
    Joint letter of March 8, 2018, from counsel received.
  6. Mar 05 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  7. Mar 02 2018
    Reply of petitioner Salt River Project Agricultural Improvement and Power District filed. (Distributed)
  8. Feb 26 2018
    Record received from the U.S.D.C. Dist. of Arizona - Phoenix. The record is electronic and located on PACER. Part of the record is Sealed and electronic.
  9. Feb 21 2018
    Record requested from the U.S.C.A. 9th Circuit.
  10. Feb 20 2018
    Brief amicus curiae of United States filed. (Distributed)
  11. Feb 20 2018
    Brief amicus curiae of National Federation of Independent Business Small Business Legal Center filed. (Distributed)
  12. Feb 20 2018
    Brief amici curiae of Federal Courts Scholars filed. (Distributed)
  13. Feb 20 2018
    Brief amicus curiae of American Antitrust Institute filed. (Distributed)
  14. Feb 20 2018
    Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
  15. Feb 20 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  16. Feb 19 2018
    Brief amici curiae of Center for Biological Diversity, et al. filed. (Distributed)
  17. Feb 12 2018
    Letter of respondent Tesla Energy Operations, Inc., fka SolarCity Corporation filed.
  18. Feb 12 2018
    Brief of respondent Tesla Energy Operations, Inc. filed. (Distributed)
  19. Feb 07 2018
    CIRCULATED
  20. Jan 24 2018
    SET FOR ARGUMENT ON Monday, March 19, 2018
  21. Jan 22 2018
    Brief amici curiae of National Governors Association, et al. filed.
  22. Jan 22 2018
    Brief amici curiae of American Public Power Association, et al. filed.
  23. Jan 22 2018
    Brief amici curiae of States of Tennessee, Arizona Arkansas Colorado Georgia Idaho Indiana Louisiana Kansas Mississippi Missouri Montana Nebraska New Hampshire Ohio Rhode Island South Carolina South Dakota Texas Utah Vermont West Virginia Wisconsin Wyoming filed.
  24. Jan 13 2018
    Brief of petitioner Salt River Project Agricultural Improvement and Power District filed.
  25. Jan 13 2018
    Joint appendix filed. (Statement of cost filed.)
  26. Dec 07 2017
    Blanket Consent filed by Petitioner, Salt River Project Agricultural District
  27. Dec 01 2017
    Petition GRANTED.
  28. Nov 27 2017
    DISTRIBUTED for Conference of 12/1/2017.
  29. Nov 01 2017
    DISTRIBUTED for Conference of 11/21/2017.
  30. Oct 31 2017
    Reply of petitioner Salt River Project Agricultural Improvement and Power District filed.
  31. Oct 11 2017
    Brief of respondent SolarCity Corporation in opposition filed.
  32. Oct 11 2017
    Brief amici curiae of American Public Power Association, et al. filed.
  33. Sep 07 2017
    Petition for a writ of certiorari filed. (Response due October 11, 2017)