No. 05-593
Title:
Pat Osborn, Petitioner
v.
Barry Haley, et al.
Docketed:November 10, 2005
Lower Ct:United States Court of Appeals for the Sixth Circuit
  Case Nos.:(04-5716, 04-5820)
  Decision Date:September 8, 2005
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Nov 7 2005 Petition for a writ of certiorari filed. (Response due December 12, 2005)
Nov 30 2005 Waiver of right of respondents Gaye Verdi, et al. to respond filed.
Dec 8 2005 Order extending time to file response to petition to and including January 11, 2006.
Jan 6 2006 Order further extending time to file response to petition to and including February 10, 2006.
Feb 9 2006 Order further extending time to file response to petition to and including February 17, 2006.
Feb 17 2006 Brief of respondent Barry Haley in opposition filed.
Feb 27 2006 Reply of petitioner Pat Osborn filed. (Distributed)
Mar 1 2006 DISTRIBUTED for Conference of March 17, 2006.
Mar 6 2006 Response Requested . (Due April 5, 2006)
Mar 31 2006 Brief of respondents Gaye Verdi f/k/a Gaye Luber and Land Between the Lakes Association , inc.in opposition filed.
Apr 6 2006 Reply of petitioner to brief in opposition of Non-Federal respondents filed. (Distributed)
Apr 12 2006 DISTRIBUTED for Conference of April 28, 2006.
May 8 2006 DISTRIBUTED for Conference of May 11, 2006.
May 15 2006 Petition GRANTED In addition to the Questions presented the parties are directed to brief and argue the following Question: Whether the court of appeals had jurisdiction to review the district court's remand order, notwithstanding 28 U.S.C. Sec. 1447(d).
Jun 1 2006 Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including July 14, 2006.
Jul 14 2006 Brief amici curiae of Califorina, et al. filed.
Jul 14 2006 Joint appendix filed.
Jul 14 2006 Brief of petitioner Pat Osborn filed.
Aug 2 2006 Extension of time within which to file respondents' briefs on the merits to and including September 1, 2006.
Aug 14 2006 SET FOR ARGUMENT on Monday, October 30, 2006.
Aug 14 2006 CIRCULATED.
Sep 1 2006 Brief of respondent Barry Haley filed. (Distributed)
Sep 1 2006 Brief of respondents Gaye Verdi f/k/a Gaye Luber, and Land Between the Lakes Association, Inc. filed. (Distributed)
Sep 21 2006 Record received from U.S.C.A. for th 6th Circuit. (1 binder)
Sep 29 2006 Record received from U.S.D.C. for Western District of Kentucky. (1 envelope)
Oct 6 2006 Reply of petitioner Pat Osborn filed. (Distributed)
Oct 30 2006 Argued. For petitioner: Eric Grant, Sacramento, Cal. For respondents: Douglas Hallward-Driemeier, Assistant to the Solicitor General, Department of Justice, Washington, D.C.
Jan 22 2007 Adjudged to be AFFIRMED Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Kennedy, and Alito, JJ., joined, in which Souter, J., joined except for Parts II-B and II-C, and in which Breyer, J., joined as to Parts I and II. Souter, J., and Breyer, J., filed opinions concurring in part and dissenting in part. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined.
Feb 23 2007 JUDGMENT ISSUED.
Mar 6 2007 Acknowledgement of receipt (02/28/07) of judgment from Clerk, United States Court of Appeals for the Sixth Circuit received.
Jul 16 2007 Record returned to U.S.C.A for the Sixth Circuit.
Jul 16 2007 Record returned to the U.S.D.C. for the Western District of Kentucky.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Eric Grant Suite 100(916) 388-0833
    Counsel of Record8001 Folsom Blvd.
Sacramento, CA  95826
Party name: Pat Osborn
Attorneys for Respondents:
Paul D. Clement Solicitor General(202) 514-2217
    Counsel of Record United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ.gov
Party name: Barry Haley
 
C. Thomas Miller Whitlow, Roberts, Houston & Straub, PLLC
    Counsel of RecordPost Office Box 995
300 Broadway
Paducah, KY  42002
Party name: Gaye Verdi, et al
 
Douglas Hallward-Driemeier Assistant to the Solicitor General(202) 514-2201
Department of Justice
Washington, DC  20530
Party name: Barry Haley, et al.
 
Jonathan Duncan Pitchford 300 Broadway, P.O. Box 995(270) 443-4516
Paducah, KY  42002-0995
Party name: Barry Haley, et al.
Other:
Marc A. Le Forestier Deputy Attorney General(916) 322-5452
State of California, Department of Justice
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA  94244-2550
Party name: Califorina, et al.