Campbell-Ewald Company v. Gomez

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-857	9th Cir.	Oct 14, 2015	Apr 23, 2025	6-3	Ginsburg	OT 2015

Holding: 1) An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, so the district court retains jurisdiction to adjudicate the plaintiff"s complaint. 2) A federal contractor is not entitled to immunity from suit for its violation of the Telephone Consumer Protection Act when it violated both federal law and the government's explicit instructions.

Judgment: Affirmed and remanded, 6-3, in an opinion by Justice Ginsburg on April 23, 2025. Justice Thomas filed an opinion concurring in the judgment. Chief Justice Roberts filed a dissenting opinion, in which Justices Scalia and Alito joined. Justice Alito filed a dissenting opinion.

SCOTUSblog Coverage

Opinion analysis: Justices deal twin blows to class-action defendants (Ronald Mann, January 21, 2016)
Argument analysis: Justices struggle over procedures for forcing settlement of class actions (Ronald Mann, October 15, 2015)
Argument preview: Court returns to dispute over forced settlement of class actions (Ronald Mann, October 1, 2015)
Court bypasses Wisconsin political fray (Lyle Denniston, May 18, 2015)
Petition of the day (Maureen Johnston, March 25, 2015)

Date	Proceedings and Orders (key to color coding)
12/05/2014	Application (14A598) to extend the time to file a petition for a writ of certiorari from December 18, 2014 to January 19, 2015, submitted to Justice Kennedy.
12/08/2014	Application (14A598) granted by Justice Kennedy extending the time to file until January 19, 2015.
01/16/2015	Petition for a writ of certiorari filed. (Response due February 19, 2015)
02/10/2015	Order extending time to file response to petition to and including March 23, 2015.
02/19/2015	Brief amici curiae of Chamber of Commerce of the United States of America, and Business Roundtable filed.
03/23/2015	Brief of respondent Jose Gomez in opposition filed.
04/07/2015	Reply of petitioner Campbell-Ewald Company filed.
04/08/2015	DISTRIBUTED for Conference of April 24, 2015.
04/13/2015	Supplemental brief of respondent Jose Gomez filed. (Distributed)
04/14/2015	Response to supplemental brief of respondent from petitioner filed. (Distributed)
04/23/2015	Rescheduled.
04/27/2015	DISTRIBUTED for Conference of May 1, 2015.
05/04/2015	DISTRIBUTED for Conference of May 14, 2015.
05/18/2015	Petition GRANTED.
06/10/2015	Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondent.
06/23/2015	The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 16, 2015.
06/23/2015	The time to file respondent's brief on the merits is extended to and including August 24, 2015.
06/30/2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
07/16/2015	Joint appendix filed. (Statement of costs filed)
07/16/2015	Brief of petitioner Campbell-Ewald Company filed.
07/21/2015	Brief amici curiae of DRI - The Voice of the Defense Bar & PSC - The Voice of the Government Services Industry filed.
07/23/2015	Brief amicus curiae of Washington Legal Foundation filed.
07/23/2015	Brief amicus curiae of Consumer Data Industry Association filed.
07/23/2015	Brief amicus curiae of The National Black Chamber of Commerce filed.
07/23/2015	Brief amicus curiae of National Defense Industrial Association filed.
07/23/2015	Brief amicus curiae of KBR, Inc. filed.
07/23/2015	Brief amici curiae of The Chamber of Commerce of the United States of America and Business Roundtable filed.
07/23/2015	Brief amicus curiae of Lawyers for Civil Justice filed.
07/23/2015	Brief amicus curiae of Trans Union LLC filed.
07/29/2015	SET FOR ARGUMENT on Wednesday, October 14, 2015.
08/12/2015	Record requested from U.S.C.A. 9th Circuit.
08/12/2015	The record from U.S.C.A. 9th Circuit is electronic and located on PACER. Part of the record received is SEALED.
08/12/2015	The record from U.S.D.C. Central Dist. of CA. Western Div.- Los Angeles is electronic and located on PACER. Part of the record received is SEALED.
08/24/2015	Brief of respondent Jose Gomez filed. (Distributed)
08/27/2015	Brief amicus curiae of Constitutional Accountability Center filed.
08/31/2015	Brief amicus curiae of the United States filed. (Distributed)
08/31/2015	Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed. (Distributed)
08/31/2015	Brief amici curiae of Legal Aid Society of the District of Columbia, et al. filed. (Distributed)
08/31/2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
08/31/2015	CIRCULATED
08/31/2015	Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
08/31/2015	Brief amici curiae of Public Justice, P.C. and AARP Foundation Litigation filed. (Distributed)
08/31/2015	Brief amicus curiae of NECA-IBEW Welfare Trust Fund filed. (Distributed)
08/31/2015	Brief amici curiae of National Employment Lawyers Association, et al. filed. (Distributed)
09/22/2015	Reply of petitioner Campbell-Ewald Company filed. (Distributed)
09/28/2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/14/2015	Argued. For petitioner: Gregory G. Garre, Bethesda, Md. For respondent: Jonathan F. Mitchell, Stanford, Cal.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
01/20/2016	Judgment is affirmed and case remanded. Ginsburg, J., delivered the opinion of the Court, in which Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Roberts, C. J., filed a dissenting opinion, in which Scalia and Alito, JJ., joined. Alito, J., filed a dissenting opinion.
02/23/2016	Judgment Issued