Dart Cherokee Basin Operating Company, LLC v. Owens
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-719 | 10th Cir. | Oct 7, 2014 | Dec 15, 2014 | 5-4 | Ginsburg | OT 2014 |
Holding: A defendant’s notice of removal of a case from state to federal court need include only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold; it does not need to contain evidentiary submissions.
Judgment: Reversed, 5-4, in an opinion by Justice Ginsburg on December 15, 2014. Justice Scalia filed a dissenting opinion, in which Justice Kennedy and Justice Kagan joined, and which Justice Thomas joined as to all but the last sentence. Justice Thomas also filed a dissenting opinion.
SCOTUSblog Coverage
- Opinion analysis: Court stretches to correct anachronistic Tenth Circuit pleading rule (Ronald Mann, December 16, 2014)
- Argument analysis: Another one bites the dust, as Justices threaten dismissal of second case from October session (Ronald Mann, October 8, 2014)
- Argument preview: Justices to mull pleading standard for removal (Ronald Mann, September 26, 2014)
- Court denies case on refusal of gay customers (Lyle Denniston, April 7, 2014)
- Petition of the day (Maureen Johnston, April 3, 2014)
| Date | Proceedings and Orders |
|---|---|
| Dec 13 2013 | Petition for a writ of certiorari filed. (Response due January 16, 2014) |
| Dec 19 2013 | Waiver of right of respondent Brandon W. Owens to respond filed. |
| Jan 8 2014 | DISTRIBUTED for Conference of January 24, 2014. |
| Jan 8 2014 | Response Requested . (Due February 7, 2014) |
| Jan 27 2014 | Order extending time to file response to petition to and including February 21, 2014. |
| Feb 7 2014 | Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America. |
| Feb 21 2014 | Brief of respondent Brandon W. Owens in opposition filed. |
| Mar 4 2014 | Reply of petitioners Dart Cherokee Basin Operating Company, LLC, et al. filed. |
| Mar 12 2014 | DISTRIBUTED for Conference of March 28, 2014. |
| Mar 31 2014 | DISTRIBUTED for Conference of April 4, 2014. |
| Apr 7 2014 | Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America GRANTED. |
| Apr 7 2014 | Petition GRANTED. |
| May 15 2014 | Consent to the filing of amicus curiae briefs in support of petitioners received from counsel for petitioners. |
| May 15 2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| May 21 2014 | Motion to dispense with printing the joint appendix filed by Dart Cherokee Basin Operating Company, LLC, et al. v. Brandon W. Owens. |
| May 22 2014 | Brief of petitioners Dart Cherokee Basin Operating Company, LLC, et al. filed. |
| May 29 2014 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| May 29 2014 | Brief amici curiae of Washington Legal Foundation, et al. filed. |
| May 29 2014 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. |
| Jun 2 2014 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| Jun 6 2014 | The time to file respondent's brief on the merits is extended to and including July 23, 2014. |
| Jul 9 2014 | Record requested from U.S.C.A. 10th Circuit. |
| Jul 15 2014 | Record received from U.S.C.A. 10th Circuit is electronic and available on PACER. |
| Jul 16 2014 | SET FOR ARGUMENT ON Tuesday, October 7, 2014 |
| Jul 23 2014 | Brief of respondent Brandon W. Owens filed. |
| Jul 29 2014 | Brief amicus curiae of Public Citizen, Inc. filed. |
| Aug 7 2014 | CIRCULATED. |
| Aug 22 2014 | Reply of petitioners Dart Cherokee Basin Operating Company, LLC, et al. filed. (Distributed) |
| Oct 7 2014 | Argued. For petitioners: Nowell D. Berreth, Atlanta, Ga. For respondent: Rex A. Sharp, Prairie Village, Kan. |
| Dec 15 2014 | Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, and Sotomayor, JJ., joined. Scalia, J., filed a dissenting opinion, in which Kennedy and Kagan, JJ., joined, and in which Thomas, J., joined as to all but the final sentence. Thomas, J., filed a dissenting opinion. |
| Jan 16 2015 | JUDGMENT ISSUED. |
