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Cochise Consultancy, Inc., et al. v. United States, ex rel. Billy Joe Hunt

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-12836 · judgment April 11, 2018

Decided · May 13, 2019
Pre-decision estimate: 12% cert probability (95% interval 8%–19%)

Before the decision, about 3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and an Eleventh Circuit decision below.

Question presented

The False Claims Act establishes two distinct statute-of-limitations periods. Under 31 U.S.C. § 3731(b)(1), a False Claims Act civil action "may not be brought more than 6 years after the date" of the alleged violation. Under 31 U.S.C. § 3731(b)(2), a False Claims Act civil action "may not be brought more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date" of the alleged violation. The question presented is whether a relator in a False Claims Act qui tam action may rely on the statute of limitations in 31 U.S.C. § 3731(b)(2) in a suit in which the United States has declined to intervene and, if so, whether the relator constitutes an "official of the United States" for purposes of Section 3731(b)(2).

Counsel of record

For petitioner
Theodore J. Boutrous Jr.
Gibson, Dunn & Crutcher LLP

For respondent
Earl Neville Mayfield III
Juris Day, PLLC

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage · 9 merits
(5 supporting pet./neither, 4 respondent)

Argument & decision

Argued March 19, 2019 — Theodore J. Boutrous · Earl N. Mayfield. Audio and transcript

Decided May 13, 2019. Opinion by Thomas.

Proceedings

  1. Jun 17 2019
    JUDGMENT ISSUED.
  2. May 13 2019
    Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court.
  3. Mar 19 2019
    Argued. For petitioners: Theodore J. Boutrous, Jr., Los Angeles, Cal. For respondent: Earl N. Mayfield, III, Fairfax, Va.; and Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
  4. Mar 04 2019
    Reply of petitioner Cochise Consultancy, Inc. and The Parsons Corporation filed. (Distributed)
  5. Feb 28 2019
    The record from the U.S.C.A. 11th Circuit is electronic and located on PACER. The record is complete.
  6. Feb 25 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  7. Feb 21 2019
    Record requested from the U.S.C.A. 11th Circuit.
  8. Feb 14 2019
    CIRCULATED
  9. Feb 08 2019
    Brief amicus curiae of United States filed.
  10. Feb 08 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  11. Feb 08 2019
    Brief amici curiae of Indiana and 19 Other States filed.
  12. Feb 08 2019
    Brief amicus curiae of Taxpayers Against Fraud Education Fund filed.
  13. Feb 08 2019
    Brief amicus curiae of The National Whistleblower Center filed.
  14. Feb 01 2019
    Brief of respondent United States of America ex rel. Billy Joe Hunt filed.
  15. Jan 25 2019
    SET FOR ARGUMENT on Tuesday, March 19, 2019
  16. Jan 09 2019
    Brief amicus curiae of Coalition for Government Procurement filed.
  17. Jan 09 2019
    Brief amicus curiae of Washington Legal Foundation filed.
  18. Jan 09 2019
    Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
  19. Jan 09 2019
    Brief amici curiae of DRI-The Voice of the Defense Bar, and the Professional Services Counsel-The Voice of the Government Services Industry filed.
  20. Jan 07 2019
    Brief amicus curiae of Joel D. Hesch filed.
  21. Jan 03 2019
    Blanket Consent filed by Petitioners, Cochise Consultancy, Inc. and The Parsons Corporation.
  22. Jan 02 2019
    Joint appendix filed. (Statement of costs filed)
  23. Jan 02 2019
    Brief of petitioner Cochise Consultancy, Inc. and The Parsons Corporation filed.
  24. Jan 02 2019
    Blanket Consent filed by Respondent, United States of America ex rel. Billy Joe Hunt
  25. Nov 16 2018
    Petition GRANTED.
  26. Nov 13 2018
    DISTRIBUTED for Conference of 11/16/2018.
  27. Oct 24 2018
    DISTRIBUTED for Conference of 11/9/2018.
  28. Oct 23 2018
    Reply of petitioners Cochise Consultancy, Inc. and The Parsons Corporation filed.
  29. Oct 11 2018
    Response to petition from respondent United States of America ex rel. Billy Joe Hunt filed.
  30. Oct 11 2018
    Brief amicus curiae of Chamber of Commerce of the United States of America filed.
  31. Oct 04 2018
    Blanket Consent filed by Respondents, United States of America ex rel. Billy Joe Hunt.
  32. Oct 03 2018
    Blanket Consent filed by Petitioners, Cochise Consultancy, Inc. and The Parsons Corporation.
  33. Sep 07 2018
    Petition for a writ of certiorari filed. (Response due October 11, 2018)
  34. Jun 28 2018
    Application (17A1390) granted by Justice Thomas extending the time to file until September 8, 2018.
  35. Jun 19 2018
    Application (17A1390) to extend the time to file a petition for a writ of certiorari from July 10, 2018 to September 8, 2018, submitted to Justice Thomas.
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