Supreme Court of the United States · Official docket →

Montana, Plaintiff v. Wyoming and North Dakota

Original jurisdiction

Decree entered · February 20, 2018

Counsel of record

For petitioner
—

For respondent
Peter K. Michael

Case

Conference history
Distributed for 22 conferences

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

Argument & decision

Argued January 11, 2011 — Steve Bullock · Peter Kenneth Michael. Audio and transcript

Decided May 2, 2011. Opinion by Thomas.

Proceedings

Mar 26 2018
Final Motion of Special Master for Allowance of Fees and Disbursements GRANTED and the Special Master is awarded a total of $51,984.57 for the period January 1, 2017 through January10, 2018, to be paid equally by Montana and Wyoming. Barton H. Thompson, of Stanford, California, the Special Master in this case, is hereby discharged with the thanks of the Court. Justice Kagan took no part in the consideration or decision of this motion.
Mar 07 2018
DISTRIBUTED for Conference of 3/23/2018.
Feb 20 2018
The Report of the Special Master is received and ordered filed. The proposed Judgment and Decree are entered. Justice Kagan took no part in the consideration or decision of this case.
Feb 20 2018
Final Motion of Special Master for Allowance of Fees and Disbursements filed by Special Master.
Main Document
Jan 31 2018
DISTRIBUTED for Conference of 2/16/2018.
Jan 19 2018
Joint Letter to the Court filed.
Main Document
Jan 10 2018
Final Report of the Special Master filed.
Main Document Proof of Service
Feb 27 2017
The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $162,815.08 for the period May 1, 2014, through December 31, 2016, to be paid equally by Montana and Wyoming. Justice Kagan took no part in the consideration or decision of this motion.
Feb 08 2017
DISTRIBUTED for Conference of February 24.
Jan 27 2017
Fifth Interim Motion of the Special Master for Allowance of Fees and Expenses
Mar 21 2016
Order and Judgment issued on the Special Master's Second Interim Report. (Detached Opinion)
Mar 14 2016
DISTRIBUTED for Conference of March 18, 2016.
Feb 29 2016
DISTRIBUTED for Conference of March 4, 2016.
Feb 08 2016
DISTRIBUTED for Conference of February 19, 2016.
Jan 06 2016
DISTRIBUTED for Conference of January 22, 2016.
Dec 23 2015
Joint Status Report Filed
Oct 05 2015
The motion of Montana, to defer consideration of this case and the exceptions to the Special Master’s Second Interim Report filed December 29, 2014 for a period of three months is granted. The parties are ordered to submit a joint status report to the Court no later than December 31, 2015.
Sep 16 2015
Reply of petitioner Montana, Plaintiff filed. (Distributed)
Sep 14 2015
Opposition to motion of respondent Wyoming filed.(Distributed)
Sep 02 2015
Motion to defer consideration filed by Montana, Plaintiff. (Distributed)
Jul 08 2015
DISTRIBUTED for Conference of September 28, 2015.
Jun 10 2015
Sur-Reply of plaintiff Montana, in support of its exception filed.
Jun 03 2015
Sur-Reply in support of exception of respondent Wyoming filed.
May 11 2015
Montana's Reply Opposing the Exception of Wyoming.
May 07 2015
Reply to Montana's exception of respondent Wyoming filed.
Apr 09 2015
Montana's Exception and Brief filed.
Apr 09 2015
Wyoming's Exception to the Second Interim Report of the Special Master and Brief in Support filed.
Feb 23 2015
The Fourth Interim Motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $201,104.90 for the period July 2, 2013, through April 30, 2014, to be paid equally by Montana and Wyoming.
Feb 23 2015
Report of the Special Master received and ordered filed. The Court notes that the Master has twice directed the parties to address whether the amount of damages at stake justifies further proceedings. The Master’s Report and the submissions of the parties indicate that fees and expenses could well exceed any recovery. The parties are therefore directed to consider carefully whether it is appropriate for them to continue invoking the jurisdiction of this Court. See Arizona v. California, 373 U. S. 546, 564 (1963) (“[W]e are mindful of this Court’s often expressed preference that, where possible, States settle their controversies by mutual accommodation and agreement.” (internal quotation marks omitted)). The Special Master is encouraged to facilitate efforts to resolve the parties’ dispute without the need for a damages proceeding, including by revisiting the arrangement for division of fees and expenses. Cf. Fed. Rule Civ. Proc. 68. If the parties elect to continue, exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days
Feb 09 2015
DISTRIBUTED for Conference of February 20, 2015.
Jan 07 2015
Motion DISTRIBUTED for Conference of January 23, 2015.
Dec 29 2014
Second Interim Report of the Special Master filed
Dec 19 2014
Fourth Interim Motion for Allowance of Fees and Disbursements filed by Special Master.
Oct 21 2013
The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $72,322.76 for the period May 19, 2011, through July 1, 2013, to be paid equally by Montana and Wyoming.
Oct 02 2013
Motion DISTRIBUTED for Conference of October 18, 2013.
Sep 06 2013
Motion for allowance of fees and disbursements filed by Special Master.
May 02 2011
Exception overruled. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Alito, and Sotomayor, JJ., joined. Scalia, J., filed a dissenting opinion. Kagan, J., took no part in the consideration or decision of the case.
Jan 11 2011
Argued. For plaintiff: Steve Bullock, Attorney General, Helena, Mont. For defendant Wyoming: Peter Kenneth Michael, Senior Assistant Attorney General, Wyo.; and William M. Jay, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Nov 12 2010
CIRCULATED.
Nov 08 2010
SET FOR ARGUMENT ON Monday, January 10, 2011.
Nov 01 2010
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kagan took no part in the condsideration or decision of this motion.
Oct 18 2010
Montana's motion for partial summary judgment is granted in part and denied in part without prejudice in accordance with the Special Master's First Interim Report, and Anadarko Petroleum's motion for leave to intervene is denied. Justice Kagan took no part in the consideration or decision of these motions.
Oct 12 2010
The motion of the Special Master for allowance of fees and reimbursement of expenses is granted, and the Special Master is awarded a total of $72,008.74 for the period June 13, 2009, through July 9, 2010, to be paid equally by the Montana and Wyoming. Justice Kagan took no part in the consideration or decision of this motion.
Oct 12 2010
The first exception to the Special Master’s First Interim Report is set for oral argument in due course. The second exception is recommitted to the Special Master. Wyoming's motion to dismiss is denied. Justice Kagan took no part in the consideration or decision of these exceptions and this motion.
Oct 12 2010
Motion DISTRIBUTED for Conference of October 15, 2010.
Oct 04 2010
DISTRIBUTED for Conference of October 8, 2010.
Jul 28 2010
Motion DISTRIBUTED for Conference of September 27, 2010.
Jul 21 2010
Exceptions DISTRIBUTED for Conference of September 27, 2010.
Jul 14 2010
Sur-Reply filed by Montana
Jul 12 2010
Motion for allowance of fees and expenses filed by Special Master. (CL Page 163)
Jun 22 2010
Brief amicus curiae of United States filed.
Jun 22 2010
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jun 15 2010
Reply to Montana's Exception filed by Wyoming.
May 20 2010
Brief amicus curiae of Northern Cheyenne Tribe filed.
May 13 2010
Montana's Exception and Brief to the First Interim Report of the Special Master Filed.
Apr 15 2010
Order extending time to file Exceptions to and including May 13, 2010. Reply Briefs, if any are now due June 15, 2010 and Sur-replies are due July 15, 2010.
Mar 08 2010
The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days.
Feb 09 2010
First Interim Report of the Special Master filed
Oct 05 2009
The motion of the Special Master for allowance of fees and reimbursement of expenses is granted, and the Special Master is awarded a total of $40,808.96 for the period October 20, 2008, through June 12, 2009, to be paid equally by the parties.
Jul 15 2009
Motion DISTRIBUTED for Conference of September 29, 2009.
Jul 01 2009
Motion for allowance of fees and expenses filed by Special Ma (CL Page 162)
Oct 20 2008
Motion to Dismiss Bill of Complaint referred to the Special Master.
Oct 20 2008
Motion for leave to file amicus brief filed by Anadarko Petroleum Corporation referred to the Special Master.
Oct 20 2008
BARTON H. THOMPSON, Esquire, of Stanford, California, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The compensation of the Special Master, the allowances to him, the compensation paid to his legal, technical, stenographic and clerical assistants, the cost of printing his Reports, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct.
Oct 14 2008
DISTRIBUTED for Conference of October 17, 2008.
Oct 06 2008
DISTRIBUTED for Conference of October 10, 2008.
Jun 11 2008
Motion DISTRIBUTED for Conference of September 29, 2008.
Jun 03 2008
Motion DISTRIBUTED for Conference of June 19, 2008.
May 27 2008
Reply of respondent Wyoming in support of its Motion to Dismiss Bill of Complaint filed.
May 16 2008
Brief amicus curiae of United States filed.
May 16 2008
Brief amicus curiae of Northern Cheyenne Tribe filed.
May 09 2008
Response to Wyoming's Motion to Dismiss Bill of Complaint from Montana, Plaintiff filed.
Apr 25 2008
Motion for leave to file amicus brief filed by Anadarko Petroleum Corporation.
Apr 04 2008
Motion to Dismiss Bill of Complaint filed by respondent Wyoming (CL Page 158)
Apr 02 2008
The briefing schedule is extended to reflect the following due dates: Wyoming's motion to dismiss due April 4, 2008; amici briefs supporting Wyoming due April 25, 2008; Montana's response due May 9, 2008; amici briefs supporting Montana due May 16, 2008; Wyoming's reply due May 27, 2008.
Feb 19 2008
The Motion for leave to file a bill of complaint is GRANTED. Wyoming is allowed 45 days within which to file a motion to dismiss, in the nature of a motion under Rule 12(b)(6), Federal Rules of Civil Procedure. The plaintiff is allowed 30 days to file a response to the motion. A reply, if any, shall be filed within 10 days after the response is filed.
Jan 16 2008
DISTRIBUTED for Conference of February 15, 2008.
Jan 02 2008
Brief amicus curiae of United States filed.
May 14 2007
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Apr 17 2007
DISTRIBUTED for Conference of May 10, 2007.
Apr 16 2007
Reply of Montana, Plaintiff filed. (Distributed)
Apr 03 2007
Brief of respondent Wyoming in opposition filed.
Jan 31 2007
Motion for leave to file a bill of complaint filed.
Jan 30 2007
Documents filed with the Special Master are available at www.stanford.edu/dept/law/mvn/