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Facebook Inc. v. Duguid

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Docket No. Op. Below Argument Opinion Vote Author Term
19-511 9th Cir. Dec 8, 2020 Apr 1, 2021 9-0 Sotomayor OT 2020

Holding: To qualify as an “automatic telephone dialing system” under the Telephone Consumer Protection Act of 1991, a device must have the capacity either to store, or to produce, a telephone number using a random or sequential number generator.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Sotomayor on April 1, 2021. Justice Alito filed an opinion concurring in the judgment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 17 2019Petition for a writ of certiorari filed. (Response due November 20, 2019)
Nov 07 2019Blanket Consent filed by Petitioner, Facebook, Inc.
Nov 18 2019Waiver of right of respondent Noah Duguid to respond filed.
Nov 20 2019Brief amicus curiae of Credit Union National Association, Inc. filed.
Nov 20 2019Brief of respondent United States filed.
Nov 20 2019Brief amici curiae of Midland Credit Management, Inc. and Encore Capital Group, Inc. filed.
Nov 20 2019Brief amici curiae of Chamber of Commerce of the United States of America and Business Roundtable filed.
Nov 20 2019Brief amicus curiae of ACA International, Inc. filed.
Nov 20 2019Brief amicus curiae of Retail Litigation Center, Inc. filed.
Nov 25 2019Waiver of the 14-day waiting period under Rule 15.5 filed.
Nov 26 2019DISTRIBUTED for Conference of 12/13/2019.
Dec 02 2019Reply of petitioner Facebook, Inc. filed. (Distributed)
Dec 04 2019Response Requested. (Due January 3, 2020)
Jan 03 2020Brief of respondent Noah Duguid in opposition filed.
Jan 06 2020Letter waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed.
Jan 08 2020DISTRIBUTED for Conference of 1/24/2020.
Jan 10 2020Reply of petitioner Facebook, Inc. filed. (Distributed)
Jul 07 2020Supplemental brief of petitioner Facebook, Inc. filed. (Distributed)
Jul 08 2020DISTRIBUTED for Conference of 7/8/2020.
Jul 08 2020Supplemental brief of respondent Noah Duguid filed.
Jul 09 2020Petition GRANTED limited to Question 2 presented by the petition.
Jul 24 2020Motion for an extension of time filed.
Jul 24 2020Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 4, 2020. The time to file respondents' brief on the merits is extended to and including October 16, 2020.
Sep 04 2020Brief of respondent United States in support filed.
Sep 04 2020Joint appendix filed.
Sep 04 2020Brief of petitioner Facebook, Inc. filed.
Sep 10 2020Brief amicus curiae of Washington Legal Foundation filed.
Sep 10 2020Brief amici curiae of Professional Association for Customer Engagement and Noble Systems Corporation filed.
Sep 11 2020Brief amicus curiae of Home Depot, Inc. filed.
Sep 11 2020Brief amicus curiae of Salesforce.com, Inc. filed.
Sep 11 2020Brief amicus curiae of Midland Credit Management, Inc. filed.
Sep 11 2020Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Sep 11 2020Brief amicus curiae of Credit Union National Association, Inc. filed.
Sep 11 2020Brief amicus curiae of Portfolio Recovery Associates, LLC filed.
Sep 11 2020Brief amicus curiae of Quicken Loans, LLC filed.
Sep 11 2020Brief amici curiae of “On-Demand” Technology Platforms filed.
Sep 11 2020Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
Sep 11 2020Brief amici curiae of Life Insurance Direct Marketing Association, American Property Casualty Insurance Association and Consumer Credit Industry Association filed.
Sep 11 2020Brief amici curiae of Healthcare Companies filed.
Sep 16 2020SET FOR ARGUMENT on Tuesday, December 8, 2020.
Oct 08 2020Record requested from the U.S.C.A. 9th Circuit.
Oct 08 2020Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Oct 16 2020Brief of respondent Noah Duguid filed.
Oct 23 2020Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)
Oct 23 2020Brief amici curiae of 21 Members of Congress filed. (Distributed)
Oct 23 2020Brief amici curiae of State of North Carolina, et al. filed. (Distributed)
Oct 23 2020Brief amicus curiae of Main Street Alliance filed. (Distributed)
Oct 23 2020Brief amici curiae of John McCurley and Dan Deforest filed. (Distributed)
Oct 23 2020Motion for divided argument filed by petitioner Facebook, Inc.
Oct 23 2020Brief amicus curiae of Dr. Henning Schulzrinne filed. (Distributed)
Oct 23 2020Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed)
Oct 27 2020CIRCULATED
Nov 09 2020Motion for divided argument filed by petitioner GRANTED.
Nov 16 2020Reply of petitioner Facebook, Inc. filed. (Distributed)
Nov 16 2020Reply of respondent United States in support of petitioner filed. (Distributed)
Dec 08 2020Argued. For petitioner: Paul D. Clement, Washington, D. C. For respondent United States in support of petitioner: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent Noah Duguid: Bryan A. Garner, Dallas, Tex.
Apr 01 2021Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed an opinion concurring in the judgment.
May 03 2021JUDGMENT ISSUED.