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United States, et al., ex rel. Thomas Proctor v. Safeway, Inc.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 20-3425 · judgment April 5, 2022

Decided · June 1, 2023
Pre-decision estimate: 27% cert probability (95% interval 16%–43%)

Before the decision, about 6.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel with five or more prior petitions here, and a circuit split argued in the petition, and down for a business respondent.

Question presented

Consolidated with 21-1326. This case presents the same question as No. 21-1326, United States ex rel. Schutte v. SuperValu Inc. It also arises from the same court of appeals. The Court may wish to consider the two petitions together. The question presented is: Whether and when a defendant's contemporaneous subjective understanding or beliefs about the lawfulness of its conduct are relevant to whether it "knowingly" violated the False Claims Act.

Counsel of record

For petitioner
Tejinder Singh
Sparacino PLLC

For respondent
John Caviness O'Quinn
Kirkland & Ellis LLP

Case

Conference history
Distributed for 3 conferences

Argument & decision

Argued April 18, 2023 — Tejinder Singh · Carter G. Phillips. Audio and transcript

Decided June 1, 2023. Opinion by Thomas.

Proceedings

  1. Jul 03 2023
    Judgment issued.
    Main Document
  2. Jun 01 2023
    Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. VIDED.
  3. 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.
  4. Mar 24 2023
    CIRCULATED
  5. 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.
  6. 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.
  7. Feb 08 2023
    Record requested from the U.S.C.A.-7th Circuit. VIDED.
  8. Jan 31 2023
    SET FOR ARGUMENT on Tuesday, April 18, 2023. VIDED.
  9. Jan 13 2023
    Petition GRANTED. The petition for a writ of certiorari in No. 21-1326 is GRANTED. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
  10. 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.”
  11. Jan 09 2023
    DISTRIBUTED for Conference of 1/13/2023.
  12. Dec 21 2022
    DISTRIBUTED for Conference of 1/6/2023.
  13. Nov 30 2022
    Rescheduled.
  14. Nov 22 2022
    DISTRIBUTED for Conference of 12/9/2022.
  15. Nov 22 2022
    Reply of petitioner United States, ex rel. Thomas Proctor filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  16. Nov 07 2022
    Brief of respondent Safeway, Inc. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  17. Sep 26 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including November 7, 2022.
  18. Sep 23 2022
    Motion to extend the time to file a response from October 6, 2022 to November 7, 2022, submitted to The Clerk.
    Main Document
  19. Aug 30 2022
    Motion to extend the time to file a response is granted and the time is extended to and including October 6, 2022.
  20. Aug 29 2022
    Motion to extend the time to file a response from September 6, 2022 to October 6, 2022, submitted to The Clerk.
    Main Document
  21. Aug 03 2022
    Petition for a writ of certiorari filed. (Response due September 6, 2022)
    PetitionAppendixCertificate of Word CountProof of Service
  22. Jun 30 2022
    Application (21A861) granted by Justice Barrett extending the time to file until August 3, 2022.
  23. Jun 23 2022
    Application (21A861) to extend the time to file a petition for a writ of certiorari from July 4, 2022 to August 3, 2022, submitted to Justice Barrett.
    Main DocumentLower Court Orders/OpinionsProof of Service