Supreme Court Report

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South Carolina, Plaintiff v. North Carolina

Original jurisdiction

Decided · January 20, 2010

Counsel of record

For petitioner
—

For respondent
Roy A. Cooper III.
Attorney General

Case

Conference history
Distributed for 6 conferences

Amicus briefs
1 merits
(1 supporting pet./neither)

Argument & decision

Argued October 13, 2009 — David C. Frederick · H. Christopher Bartolomucci · Christopher G. B.... Audio and transcript

Decided January 20, 2010. Opinion by Alito.

Proceedings

  1. Jan 10 2011
    Kristin Linsley Myles, Esq., of San Francisco, California, the Special Master in this case, is hereby discharged with the thanks of the Court.
  2. Dec 14 2010
    Stipulation to dismiss the Bill of Complaint pursuant to Rule 46 received.
  3. Dec 14 2010
    Petition Dismissed - Rule 46.
  4. Jan 20 2010
    Exceptions to Special Master's First Interim Report overruled in part and sustained in part. Alito, J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, and Breyer, JJ., joined. Roberts, C. J., filed an opinion concurring in the judgment in part and dissenting in part, in which Thomas, Ginsburg, and Sotomayor, JJ., joined.
  5. Oct 13 2009
    Argued. On Exceptions to the Report of the Special Master. For plaintiff: David C. Frederick, Washington, D.C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For interveners: H. Christopher Bartolomucci, Washington, D.C. For defendant: Christopher G. Browning, Jr., Solicitor General, Raleigh, N.C.
  6. Oct 06 2009
    SET FOR ARGUMENT ON Tuesday, October 13, 2009.
  7. Sep 21 2009
    All Record Materials are available on the Special Master's website at www.mto.com/sm/
  8. Jul 17 2009
    CIRCULATED.
  9. Apr 20 2009
    Motion for divided argument filed by defendant and intervenors DENIED and the time is divided as follows: 10 minutes to defendant, and 20 minutes to intervenors.
  10. Apr 20 2009
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  11. Mar 30 2009
    The Exceptions to the Report of the Special Master are set for oral argument in due course.
  12. Mar 23 2009
    DISTRIBUTED for Conference of March 27, 2009.
  13. Mar 23 2009
    Sur-Reply Brief of the State of South Carollina in support of Exceptions to First Interim Report of the Special Master filed. (Distributed)
  14. Mar 23 2009
    Motion for divided argument filed by defendant North Carolina and intervenors Duke energy Carolinas, LLC, Catawba River Water Supply Project and City of Charlotter, NC. (Distributed)
  15. Mar 17 2009
    Application (08A817) for leave to file sur-reply in support of exceptions to first interim report of the special master in excess of word limitation, submitted to The Chief Justice.
  16. Mar 17 2009
    Application (08A817) denied by The Chief Justice.
  17. Mar 10 2009
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  18. Mar 09 2009
    Reply of respondent North Carolina in opposition to Plaintiff's exceptions filed.
  19. Mar 09 2009
    Reply of Catawba River Water Supply Project to Exceptions of South Carolina filed.
  20. Mar 09 2009
    Reply of the City of Charlotte, North Carolina in response to Exceptions of South Carolina filed.
  21. Mar 09 2009
    Reply of Duke Energy Carolinas, LLC to South Carolina's Exceptions filed.
  22. Feb 23 2009
    Brief amicus curiae in support of Plaintiff's exceptions filed by the United States.
  23. Feb 13 2009
    Exceptions of the State of South Carolina to First Interim Report of the Special Master filed.
  24. Feb 13 2009
    Letter filed by Duke Energy Carolinas, LLC.
  25. Feb 13 2009
    Letter filed by Catawba River Water Supply Project.
  26. Jan 09 2009
    The Report of the Special Master is received and ordered filed. The motion for leave to file exceptions to First Interim Report of the Special Master is GRANTED. Parties and intervenors may file exceptions to the Report, with supporting briefs, on or before 2 p.m. Friday, February 13, 2009. Reply briefs, if any, are to be filed on or before 2 p.m. Monday, March 9, 2009. Sur-reply briefs, if any, are to be filed on or before 2 p.m. Monday, March 23, 2009.
  27. Dec 22 2008
    Reply of plaintiff South Carolina in Support of its Motion to File Exceptions to First Interim Report of the Special Master, filed. (Distributed)
  28. Dec 19 2008
    Response to South Carolina's Motion to File Exceptions to the Special Master's First Interim Report filed by respondent North Carolina. (Distributed)
  29. Dec 18 2008
    Intervenors' Response to the Motion of the State of South Carolina for Leave to File Exceptions to the First Interim Report of the Special Master. (Distributed)
  30. Dec 09 2008
    Motion for leave to file exceptions to First Interim Report of the Special Master and Brief in Support of its Motion for Leave to File Exceptions filed by petitioner South Carolina, Plaintiff. (Distributed)
  31. Dec 09 2008
    Letter filed by Catawba River Water Supply Project. (Distributed)
  32. Dec 03 2008
    DISTRIBUTED for Conference of January 9, 2009.
  33. Nov 28 2008
    First Interim Report of the Special Master filed.
  34. Mar 17 2008
    The motion of City of Charlotte, North Carolina for leave to intervene is referred to the Special Master.
  35. Mar 11 2008
    Reply Brief in Support of the Motion of the City of Charlotte, North Carolina for leave to intervene filed. (Distributed)
  36. Feb 27 2008
    Motion DISTRIBUTED for Conference of March 14, 2008.
  37. Feb 25 2008
    Response to City of Charlotte's motion for leave to intervene and file answer filed by respondent North Carolina.
  38. Feb 25 2008
    Opposition to City of Charlotte's motion for leave to intervene by South Carolina, Plaintiff filed.
  39. Feb 13 2008
    Motion for leave to intervene filed by City of Charlotte, North Carolina.
  40. Jan 15 2008
    Kristin Linsley Myles, Esq., of San Francisco, 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 she may deem it necessary to call for. The Special Master is directed to submit Reports as she may deem appropriate. The compensation of the Special Master, the allowances to her, the compensation paid to her legal, technical, stenographic and clerical assistants, the cost of printing her 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. .
  41. Jan 15 2008
    Motion for leave to intervene filed by Catawba River Water Supply Project is referred to the Special Master.
  42. Jan 15 2008
    Motion for leave to intervene filed by Duke Energy Carolinas, LLC is referred to the Special Master.
  43. Jan 07 2008
    Motion DISTRIBUTED for Conference of January 11, 2008.
  44. Dec 19 2007
    Reply Brief in Support of the Motion of Duke Energy Carolinas, LLC for leave to intervene filed. (Distributed)
  45. Dec 14 2007
    Reply Brief in Support of the Motion of the Catawba River Water Supply Project for leave to intervene filed. (Distributed)
  46. Dec 13 2007
    Opposition to The Catawba River Water Supply Project's motion to intervene filed by South Carolina, Plaintiff. (Distributed)
  47. Dec 12 2007
    DISTRIBUTED for Conference of January 4, 2008.
  48. Dec 11 2007
    Opposition to Duke Energy Carolinas, LLC's motion to intervene filed by South Carolina, Plaintiff . (Distributed)
  49. Nov 30 2007
    Motion for leave to intervene filed by Duke Energy Carolinas, LLC.
  50. Nov 30 2007
    Answer to Bill of Complaint filed by North Carolina
  51. Nov 30 2007
    Motion for leave to intervene filed by Catawba River Water Supply Project.
  52. Oct 24 2007
    Order extending time to file an answer to and including November 30, 2007.
  53. Oct 01 2007
    Motion for leave to file a bill of complaint GRANTED. Defendant is allowed thirty days within which to file an answer.
  54. Oct 01 2007
    Application (06A1150) denied by the Court
  55. Aug 22 2007
    Application (06A1150) referred to the Court by The Chief Justice.
  56. Aug 22 2007
    DISTRIBUTED for Conference of September 24, 2007.
  57. Aug 22 2007
    Reply to response to application for preliminary injunction from South Carolina filed. (Distributed)
  58. Aug 22 2007
    Reply of petitioner South Carolina, Plaintiff filed. (Distributed)
  59. Aug 07 2007
    Brief of respondent North Carolina in opposition filed.
  60. Aug 07 2007
    Response to application from respondent North Carolina filed.
  61. Jun 12 2007
    Response to Application requested by the Chief Justice due on or before August 7, 2007.
  62. Jun 08 2007
    Motion for leave to file a bill of complaint filed. (Response due August 7, 2007)
  63. Jun 08 2007
    Application (06A1150) preliminary injunction, submitted to The Chief Justice.
  64. Jun 07 2007
    Documents filed with the Special Master are available at https://www.supremecourt.gov/SpecMastRpt/Orig138.aspx