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CVS Pharmacy Inc. v. Doe

Case removed from the December calendar under Rule 46.

Docket No. Op. Below Argument Opinion Vote Author Term
20-1374 9th Cir. TBD TBD TBD TBD OT 2021

Issue: Whether Section 504 of the Rehabilitation Act of 1973 " and by extension Section 1557 of the Patient Protection and Affordable Care Act, which incorporates the "enforcement mechanisms" of other federal antidiscrimination statutes " provides a disparate-impact cause of action for plaintiffs alleging disability discrimination.

DateProceedings and Orders (key to color coding)
03/26/2021Petition for a writ of certiorari filed. (Response due April 30, 2021)
04/05/2021Motion to extend the time to file a response from April 30, 2021 to June 1, 2021, submitted to The Clerk.
04/05/2021Motion to extend the time to file a response is granted and the time is extended to and including June 1, 2021.
04/30/2021Brief amicus curiae of America's Health Insurance Plans filed.
04/30/2021Brief amici curiae of Washington Legal Foundation and Independent Women's Law Center filed.
04/30/2021Brief amicus curiae of Pharmaceutical Care Management Association filed.
04/30/2021Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
06/01/2021Brief of respondents John Doe One, et al. in opposition filed.
06/02/2021Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
06/08/2021DISTRIBUTED for Conference of 6/24/2021.
06/08/2021Reply of petitioners CVS Pharmacy, Inc., et al. filed. (Distributed)
07/01/2021DISTRIBUTED for Conference of 7/1/2021.
07/02/2021Petition GRANTED limited to Question 1 presented by the petition.
07/14/2021Motion for an extension of time to file the briefs on the merits filed.
07/20/2021Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. The time to file respondents' brief on the merits is extended to and including October 22, 2021.
07/22/2021Suggestion of death and motion to substitute Richard Roe, authorized representative, as a respondent in place of John Doe Two, Deceased filed by respondents.
08/23/2021Motion to substitute Richard Roe, authorized representative, as a respondent in place of John Doe Two, Deceased GRANTED.
08/30/2021Suggestion of death and motion to substitute John Doe Four, authorized representative, as a respondent in place of John Doe Three, Deceased filed by respondents.
09/03/2021Brief of petitioners CVS Pharmacy, Inc., et al. filed.
09/03/2021Joint appendix filed. (Statement of costs filed)
09/08/2021Brief amici curiae of Washington Legal Foundation and Cato Institute filed.
09/10/2021Brief amicus curiae of America's Health Insurance Plans filed.
09/10/2021Brief amicus curiae of Independent Women's Law Center filed.
09/10/2021Brief amici curiae of National Conference of State Legislatures, et al. filed.
09/10/2021Brief amici curiae of the District of Columbia, et al., in support of neither party.
09/10/2021Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
09/10/2021Brief amicus curiae of Pharmaceutical Care Management Association filed.
09/10/2021Brief amici curiae of Louisiana, et al. filed.
09/20/2021SET FOR ARGUMENT on Tuesday, December 7, 2021.
09/27/2021Record requested from the U.S.C.A. 9th Circuit.
10/04/2021Motion to substitute John Doe Four, authorized representative, as a respondent in place of John Doe Three, Deceased GRANTED.
10/14/2021The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer, also received one sealed document that has been electronically filed.
10/18/2021Record received from the U.S.D.C. California Northern District (San Francisco) has been received and is electronically filed.
10/22/2021Brief of respondents John Doe One, et al. filed.
10/26/2021Brief amicus curiae of AIDS Healthcare Foundation filed.
10/28/2021Brief amicus curiae of United States filed.
10/28/2021Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
10/29/2021CIRCULATED
10/29/2021Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed. (Distributed)
10/29/2021Amicus brief of Paralyzed Veterans of America et al. not accepted for filing. (Corrected version submitted) (November 03, 2021)
10/29/2021Brief amici curiae of Paralyzed Veterans of America, et al. filed. (Distributed)
10/29/2021Amici brief of The Arc of the United States and the American Association of People with Disabilities, et al. not accepted for filing. (Corrected version submitted--November 05, 2021).
10/29/2021Brief amici curiae of The Arc of the United States and the American Association of People with Disabilities, et al. filed. (Distributed)
10/29/2021Brief amici curiae of Center for Health Law & Policy Innovation, et al. filed. (Distributed)
10/29/2021Brief amicus curiae of Council of Parent Attorneys and Advocates filed. (Distributed)
10/29/2021Brief amicus curiae of Emory Environmental Law Society filed. (Distributed)
10/29/2021Brief amici curiae of National Health Law Program and Disability Rights California filed. (Distributed)
10/29/2021Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
11/08/2021Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
11/11/2021Joint stipulation to dismiss the writ of certiorari pursuant to Rule 46.1 filed.
11/12/2021Writ of Certiorari Dismissed - Rule 46.