Comcast Corporation v. FCC
| Comcast Corporation |
| Federal Communications Commission and United States of America |
| NBC Universal, National Cable & Telecommunications Association and Qwest Communications International Inc. |
| Consumer Federation of America, Consumers Union, Free Press and Public Knowledge, Open Internet Coalition and Vuze, Inc. |
| The Progress & Freedom Foundation, James B. Speta, Professor and Glen O. Robinson |
| Barbara van Schewick, Professor, Lawrence Lessig, Jack M. Balkin, Jim Chen and Timothy Wu |
| 08-1291 |
| September 4, 2008 |
| U.S. Court of Appeals, D.C. Circuit |
| Other |
Docket Report
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| Document Text |
|---|
| MANDATE ISSUED to FCC [08-1291] |
| Filing 96 CLERK'S ORDER filed [1238303] withholding issuance of the mandate. [08-1291] |
Filing 95
OPINION filed [1238302] (Pages: 36) for the Court by Judge Tatel [08-1291]
|
| Filing 94 PER CURIAM JUDGMENT filed [1238300] that the petition for review is granted and the challenged order is vacated for the reasons in the accompanying opinion . Judge Sentelle, Tatel and Randolph [08-1291] |
| TRANSCRIPT [1225986] of oral argument [08-1291] |
| Filing 92 ORAL ARGUMENT HELD before Judge Sentelle, Tatel and Randolph [08-1291] |
| Filing 91 NOTICE FILED [1223623] by FCC to withdraw attorney Matthew Bradley Berry who represented FCC in 08-1291 [Service Date: 01/05/2010 ] [08-1291] |
| FORM 72 submitted by arguing attorney, Howard J. Symons, on behalf of Intervenors for Petitioner NBC Universal and National Cable & Telecommunications Association. [08-1291] |
| FORM 72 submitted by on behalf of Respondent FCC. Arguing Person Information Updated for: Austin C. Schlick [08-1291] |
| FORM 72 submitted by arguing attorney, Marvin Ammori, on behalf of Intervenors for Respondent Free Press and Public Knowledge and Open Internet Coalition. [08-1291] |
| Filing 86 PER CURIAM ORDER filed [1222587] allocating oral argument time as follows: Petitioner -- 25 Minutes, Respondent -- 25 Minutes; Each party is at liberty to cede any portion of its time it wishes to intervenor on its behalf; Directing parties to file Form 72 notice of arguing attorney - due 01/05/2010. [08-1291] |
| FORM 72 submitted by arguing attorney, Helgi C. Walker, on behalf of Petitioner Comcast Corporation. [08-1291] |
| Filing 85 INTERVENOR FOR RESPONDENT FINAL BRIEF [1217234] filed by Consumer Federation of America, Consumers Union, Free Press and Public Knowledge, Open Internet Coalition and Vuze, Inc. [Service Date: 11/23/2009 ] Length of Brief: 8743 words. [08-1291] |
| Filing 84 PETITIONER FINAL REPLY BRIEF [1217178] filed by Comcast Corporation [Service Date: 11/23/2009 ] Length of Brief: 6,999 Words. [08-1291] |
| Filing 83 PETITIONER FINAL BRIEF [1217177] filed by Comcast Corporation [Service Date: 11/23/2009 ] Length of Brief: 13,899 Words. [08-1291] |
| Filing 82 INTERVENOR FOR PETITIONER FINAL REPLY BRIEF [1217125] filed by NBC Universal and National Cable & Telecommunications Association [Service Date: 11/23/2009 ] Length of Brief: 4369. [08-1291] |
| Filing 81 INTERVENOR FOR PETITIONER FINAL BRIEF [1217121] filed by NBC Universal and National Cable & Telecommunications Association [Service Date: 11/23/2009 ] Length of Brief: 8543. [08-1291] |
| Filing 80 RESPONDENT FINAL BRIEF [1217072] filed by FCC and USA [Service Date: 11/23/2009 ] Length of Brief: 13867 words. [08-1291] |
| Filing 79 AMICUS FOR RESPONDENT FINAL BRIEF [1217026] filed by Jack M. Balkin, Jim Chen, Mr. Lawrence Lessig, Timothy Wu and Barbara van Schewick [Service Date: 11/23/2009 ] Length of Brief: 6,997 Words. [08-1291] |
| Filing 78 AMICUS FOR PETITIONER FINAL BRIEF [1216788] filed by Mr. Glen O. Robinson, James B. Speta and The Progress & Freedom Foundation [Service Date: 11/20/2009 ] Length of Brief: 7,000 Words. [08-1291] |
| Filing 77 JOINT APPENDIX [1214819] filed [Volumes:2] [Service Date: 11/09/2009 ] [08-1291] |
| Filing 76 INTERVENOR FOR PETITIONER REPLY BRIEF [1213586] filed by NBC Universal and National Cable & Telecommunications Association [Service Date: 11/02/2009 ] Length of Brief: 4368 words. [08-1291] |
| Filing 75 CLERK'S ORDER filed [1212913] scheduling oral argument before Judges SENTELLE, TATEL, RANDOLPH 01/08/2010 AM [08-1291] |
| Filing 74 PETITIONER REPLY BRIEF [1212692] filed by Comcast Corporation [Service Date: 10/26/2009 ] Length of Brief: 6,999 words. [08-1291] |
| Filing 73 INTERVENOR FOR RESPONDENT BRIEF [1209713] filed by Consumer Federation of America, Consumers Union, Free Press and Public Knowledge, Open Internet Coalition and Vuze, Inc. [Service Date: 10/05/2009 ] Length of Brief: 8743 words. [08-1291] |
| Filing 72 MODIFIED PARTY FILER--AMICUS FOR RESPONDENT BRIEF [1209551] filed by Balkin, Chen, Lessig, van Schewick and Wu [Service Date: 10/05/2009 ] Length of Brief: 6,997 words. [08-1291]--[Edited 10/05/2009 by MAL] |
| Filing 71 RESPONDENT BRIEF [1207215] filed by FCC and USA [Service Date: 09/21/2009 ] Length of Brief: 13880 words. [08-1291] |
| Filing 70 ENTRY OF APPEARANCE filed [1206524] by Harold Feld and co-counsel Jef Pearlman on behalf of Intervenor for Respondent Free Press and Public Knowledge. [08-1291] |
| Filing 69 CLERK'S ORDER filed [1201171] granting motion to add party and to substitute attorney5-2]. Clerk directed to amend docket to reflect substitution of John Blevins, Esq. as counsel for amici and to add Prfessor Jack M. Balkin, Dean Jim Chen and Professor Timothy Wu as amici curiae in 08-1291 [08-1291] |
| Filing 68 ENTRY OF APPEARANCE filed [1200901] by and co-counsel Richard Kiser Welch on behalf of Respondent FCC. [08-1291] |
| Filing 66 AMICUS FOR PETITIONER BRIEF [1200481] filed by Mr. Glen O. Robinson, James B. Speta and The Progress & Freedom Foundation [Service Date: 08/10/2009 ] Length of Brief: 7,000 Words. [08-1291] |
| Filing 65 INCORRECT DOCKET ENTRY-DISREGARD--AMICUS FOR RESPONDENT BRIEF [1200410] filed by [Service Date: 08/10/2009 ] Length of Brief: Brief Amicus Curiae of Professors J. Speta, G. Robinson and Progress and Freedom Foundation in Support of Petitioner Comcast Corporation. [08-1291]--[Edited 08/10/2009 by MAL] |
| INTERVENOR FOR PETITIONER BRIEF [1200566] filed by NBC Universal and National Cable & Telecommunications Association [Mail Service Date: 08/10/2009]. Length of Brief: Pages: 38; Word Count: 8,528. [08-1291] |
| Filing 63 PETITIONER BRIEF [1198204] filed by Comcast Corporation [Service Date: 07/27/2009 ] Length of Brief: 13,895 Words. [08-1291] |
| ENTRY OF APPEARANCE filed [1198571] by Mr. Elbert Lin for Comcast Corporation. [08-1291] |
| MOTION filed [1197065] by Mr. Lawrence Lessig and Barbara van Schewick to substitute attorney John Blevins for Marvin Ammori to add additional amici curiae (Response to Motion served by mail due on 07/31/2009) [Service Date: 07/16/2009 by US mail] [08-1291] |
| Filing 61 CLERK'S ORDER filed [1194292] granting motion to participate as amicus curiae [1194172-2] [08-1291] |
| MOTION filed [1194172] by Mr. Glen O. Robinson to participate as amicus curiae. [Disclosure Listing: Not Applicable to this Party] [Mail Service Date: 06/25/2009] [08-1291] |
| ENTRY OF APPEARANCE filed [1186696] by Mr. Howard Jeffrey Symons for National Cable & Telecommunications Association. [08-1291] |
| NOTICE FILED [1186694] by National Cable & Telecommunications Association to substitute attorney Daniel Leslie Brenner in 08-1291 substituted by Neal Morse Goldberg in 08-1291 [Service Date: 06/18/2009 ] [08-1291] |
| Filing 57 CLERK'S ORDER filed [1184155] considering motion concerning briefing format [1183947-2] and setting briefing format and schedule: brief for petitioner, 14,000 wds, due 7/27/09; joint brief for amici curiae supporting petitioner, 7,000 wds, due 8/10/09; joint brief for intervenors supporting petitioner, 8,750 wds, due 8/10/09; brief for respondents, 14,000 wds, due 9/21/09; joint brief for amici curiae supporting respondents, 7,000 wds, due 10/5/09; joint brief for intervenors supporting respondents, 8,750 wds due 10/5/09; reply brief for petitioner, 7,000 wds, due 10/26/09; joint reply brief for intervenors supporting petitioner, 4,375 wds, due 11/2/09; deferred appendix due 11/9/09; final briefs due 11/23/09. Parties will be informed by separate order of date of oral argument and composition of merits panel. [08-1291] |
| MOTION filed [1183947] by Comcast Corporation concerning briefing format (Titled "Comcast's submission on behalf of all parties and amici concerning proposed briefing format.") [Service Date: 06/03/2009 ] [08-1291] |
| STATEMENT FILED [1183737] by Qwest Communications International Inc. with Disclosure Listing [Service Date: 06/02/2009 ] [08-1291] |
| FIRST CLASS MAIL [1178863] RETURNED marked "Return to Sender, Unable to Forward". Mail had been sent to Atty Kyle Dixon. [08-1291] |
| Filing 53 CLERK'S ORDER filed [1178012] directing parties to file briefing format - Proposed formats due 06/03/2009 [08-1291] |
| Filing 52 PER CURIAM ORDER filed [1173606] granting motion to dismiss case for lack of jurisdiction [1162756-2] [08-1302, 08-1318, 08-1320 (Consolidation termed 04/01/2009) with 08-1291]; withholding issuance of the mandate. Judge Ginsburg, Rogers and Tatel [08-1302, 08-1318, 08-1320] |
| REPLY FILED [1168695] by Comcast Corporation in 08-1291, 08-1302 to response to motion to dismiss [1166635-2] [Service Date:03/05/2009 US mail] [08-1291, 08-1302, 08-1318, 08-1320] |
| RESPONSE IN OPPOSITION FILED [1166635] by PennPIRG in 08-1302, Consumers Union of United States, Inc. in 08-1318, Vuze, Inc. in 08-1320 to motion to dismiss case for lack of jurisdiction,[1162756-2] [Service Date:02/23/2009 US mail] Copies: 5 (Response/Reply); Pages: 11-15; Disclosure Statement: Previously Filed; Certificate of Parties: Not Applicable to this Filing [08-1291, 08-1302, 08-1318, 08-1320] |
| Filing 49 CLERK'S ORDER filed [1165265] granting motion to extend time [1165184-2] in 08-1302,08-1318,08-1320; response to motion to dismiss case for lack of jurisdiction [1162756-2] now due on 02/23/2009 in 08-1302,08-1318,08-1320 [08-1302, 08-1291, 08-1318, 08-1320] |
| UNOPPOSED MOTION filed [1165184] by PennPIRG in 08-1302, Consumers Union of United States, Inc. in 08-1318, Vuze, Inc. in 08-1320 to extend time to file response to 02/23/2009. [Mail Service Date:02/13/2009] [08-1302, 08-1318, 08-1320] |
| MOTION (styled "motion to dismiss petitions for review of PennPirg, Consumers Union and Vuze") filed [1162756] by Comcast Corporation in 08-1291 to dismiss cases 08-1302, 08-1318 and 08-1320 for lack of jurisdiction (Response to Motion served by mail due on 02/17/2009) in 08-1302,08-1318,08-1320 [Service Date:01/30/2009 ] Copies: 5 (Motion/Petition); Pages: 16-20; Disclosure Statement: Previously Filed; Certificate of Parties: Not Applicable to this Filing [08-1291, 08-1302, 08-1318, 08-1320] |
| CERTIFICATE as to Parties, Rulings and Related Cases FILED [1159628] by Comcast Corporation [Service Date:01/15/2009 ] [08-1291] |
|
UNDERLYING DECISION IN CASE submitted [1159638] by Comcast Corporation
[Service Date:01/15/2009 ] [08-1291]
|
| DOCKETING STATEMENT FILED [1159627] by Comcast Corporation [Service Date:01/15/2009 ] [08-1291] |
| STATEMENT of intent as to deferring the appendix FILED [1159630] by Comcast Corporation [Service Date:01/15/2009 ] AppxDeferred [08-1291] |
| STATEMENT FILED [1159635] by Comcast Corporation with Disclosure Listing [Service Date:01/15/2009 ] [08-1291] |
| STATEMENT of Issues FILED [1159631] by Comcast Corporation [Service Date:01/15/2009 ] [08-1291] |
| DOCKETING STATEMENT FILED [1159642] by PennPIRG in 08-1302, Consumers Union of United States, Inc. in 08-1318, Vuze, Inc. in 08-1320 [Service Date:01/15/2009 ] [08-1302, 08-1318, 08-1320] |
| CERTIFICATE as to Parties, Rulings and Related Cases FILED [1159643] by PennPIRG in 08-1302, Consumers Union of United States, Inc. in 08-1318, Vuze, Inc. in 08-1320 [Service Date:01/15/2009 ] [08-1302, 08-1318, 08-1320] |
| STATEMENT of intent as to deferring the appendix FILED [1159644] by PennPIRG in 08-1302, Consumers Union of United States, Inc. in 08-1318, Vuze, Inc. in 08-1320 [Service Date:01/15/2009 ] AppxDeferred [08-1302, 08-1318, 08-1320] |
| STATEMENT of Issues FILED [1159645] by PennPIRG in 08-1302, Consumers Union of United States, Inc. in 08-1318, Vuze, Inc. in 08-1320 [Service Date:01/15/2009 ] [08-1302, 08-1318, 08-1320] |
|
UNDERLYING DECISION IN CASE submitted [1159646] by PennPIRG in 08-1302, Consumers Union of United States, Inc. in 08-1318, Vuze, Inc. in 08-1320
[Service Date:01/15/2009 ] [08-1302, 08-1318, 08-1320]
|
| Filing 35 CLERK'S ORDER filed [1154462] granting motion for leave to intervene. [1141252-2] [08-1302] |
| Filing 34 CLERK'S ORDER filed [1154457] dismissing as moot motion to extend time in light of initial submissions order filed 12/16/08 in 08-1291 et al. [1142299-2] [08-1291] |
| Filing 33 CLERK'S ORDER filed [1154438] directing party to file initial submissions: PETITIONER docketing statement due 01/15/2009. PETITIONER certificate as to parties, etc. due 01/15/2009. PETITIONER statement of issues due 01/15/2009. PETITIONER underlying decision due 01/15/2009. PETITIONER deferred appendix statement due 01/15/2009. PETITIONER procedural motions due 01/15/2009. PETITIONER dispositive motions due 01/30/2009; directing party to file initial submissions: RESPONDENT entry of appearance due 01/15/2009. RESPONDENT procedural motions due 01/15/2009. RESPONDENT dispositive motions due 01/30/2009 [08-1291, 08-1302, 08-1318, 08-1320] |
| Filing 32 CLERK'S ORDER filed [1154427] consolidating cases 08-1302, 08-1318, 08-1320 (Consolidation started 12/16/2008) with 08-1291 [08-1291, 08-1302, 08-1318, 08-1320] |
| LETTER FILED [1154945] by Comcast Corporation forwarding copies of documents previously submitted to court [Service Date:12/12/2008 ] [08-1291] |
| NOTICE FILED [1150519] filed by NBC Universal advising of their support of petitioner [Service Date:11/20/2008 ] [08-1291] |
| NOTICE FILED [1150431] filed by Qwest Communications International Inc. advising of their support of petitioner , and that Qwest does not plan to join in the intervenors brief. [Service Date:11/19/2008 ] [08-1291] |
| NOTICE FILED [1149699] filed by National Cable & Telecommunications Association advising of their support of petitioner [Service Date:11/17/2008 ] [08-1291] |
| CERTIFIED INDEX TO RECORD [1148617] by FCC [Service Date:10/30/2008 ] [08-1291] (also filed in 08-1302, 08-1318 and 08-1320) |
| Filing 26 CLERK'S ORDER filed [1147803] granting motion for leave to intervene. [1142718-2]; granting motion for leave to intervene. [1142683-2]; granting motion for leave to intervene. [1142386-2]; granting motion for leave to intervene. [1145394-2]; granting motion for leave to intervene. [1142150-2]; granting motion for leave to intervene. [1142140-2]; granting motion for leave to intervene. [1137222-2] [08-1291] |
| NOTICE filed [1147626] by James B. Speta and The Progress & Freedom Foundation of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date:11/03/2008 ] [08-1291] |
| NOTICE filed [1147629] by Professor Lawrence Lessig and Professor Barbara van Schewick of intention to participate as amicus curiae. [Disclosure Listing: Not Applicable to this Party] [Service Date:11/03/2008 ] [08-1291] |
| STATEMENT FILED [1147627] by The Progress & Freedom Foundation with Disclosure Listing (attached to notice) [Service Date:11/03/2008 ] [08-1291] |
| STATEMENT FILED [1142720] by Open Internet Coalition with Disclosure Listing (attached to motion to intervene) [Service Date:10/06/2008 ] [08-1291] |
| MOTION filed [1142718] by Open Internet Coalition for leave to intervene [Disclosure Listing: Attached] [Service Date:10/06/2008 ] [08-1291] |
| STATEMENT FILED [1142684] by NBC Universal with Disclosure Listing [Service Date:10/06/2008 ] [08-1291] |
| MOTION filed [1142683] by NBC Universal for leave to intervene [Disclosure Listing: Attached] [Service Date:10/06/2008 ] [08-1291] |
| MOTION filed [1142386] by Qwest Communications International Inc. for leave to intervene [Disclosure Listing: Attached] [Service Date:10/03/2008 ] [08-1291] |
| STATEMENT FILED [1142151] by Consumer Federation of America and Consumers Union with Disclosure Listing (attached to motion) [Service Date:10/03/2008 ] [08-1291] |
| MOTION filed [1142140] by Vuze, Inc. for leave to intervene [Disclosure Listing: Attached] [Service Date:10/03/2008 ] [08-1291] |
| STATEMENT FILED [1142142] by Vuze, Inc. with Disclosure Listing (attached to motion to intervene)[Service Date:10/03/2008 ] [08-1291] |
| MOTION filed [1142150] by Consumer Federation of America and Consumers Union for leave to intervene [Disclosure Listing: Attached] [Service Date:10/03/2008 ] [08-1291] |
| ENTRY OF APPEARANCE filed [1142229] by Mr. Matthew Bradley Berry for FCC, Mr. Daniel McMullen Armstrong for FCC and Mr. Joel Marcus for FCC [08-1291] |
| "CONSENT" MOTION filed [1142299] by Comcast Corporation to extend time to file procedural and dispositive deadlines. [Service Date:10/03/2008 ] [08-1291] |
| MOTION filed [1145394] by Free Press and Public Knowledge for leave to intervene [Disclosure Listing: Attached] [Service Date:10/03/2008 ] [08-1291] |
| STATEMENT FILED [1145395] by Free Press and Public Knowledge with Disclosure Listing (attached to motion) [Service Date:10/03/2008 ] [08-1291] |
| ENTRY OF APPEARANCE filed [1139381] by Ms. Nancy Caroline Garrison and Ms. Catherine G. O'Sullivan for USA [08-1291] |
| Filing 8 CLERK'S ORDER filed [1138448] directing party to file initial submissions: PETITIONER docketing statement due 10/15/2008. PETITIONER certificate as to parties, etc. due 10/15/2008. PETITIONER statement of issues due 10/15/2008. PETITIONER underlying decision due 10/15/2008. PETITIONER deferred appendix statement due 10/15/2008. PETITIONER procedural motions due 10/15/2008. PETITIONER dispositive motions due 10/30/2008; directing party to file initial submissions: RESPONDENT entry of appearance due 10/15/2008. RESPONDENT procedural motions due 10/15/2008. RESPONDENT certified index to record due 10/30/2008. RESPONDENT dispositive motions due 10/30/2008 [08-1291] |
| NOTICE FILED [1138231] by MDL Panel concerning MultiDistLitigation consolidation order [Service Date:09/08/2008 ] [08-1291] |
| Relief Replaced - NOTICE FILED [1137704] by FCC of MultiCircuit Petitions for Review. [Service Date:09/05/2008 ] [08-1291]--[Edited 09/11/2008 by SMC] |
| MOTION filed [1137222] by National Cable & Telecommunications Association for leave to intervene [Disclosure Listing: Attached] [Service Date:09/05/2008 ] [08-1291] |
| STATEMENT FILED [1137224] by National Cable & Telecommunications Association with Disclosure Listing [Service Date:09/05/2008 ] [08-1291] |
| PETITION FOR REVIEW filed [1137205] by Comcast Corporation of decision of federal agency. Disclosure Statement: Attached; Certificate of Parties: Not Applicable to this Filing [08-1291] |
| STATEMENT FILED [1137206] by Comcast Corporation with Disclosure Listing [Service Date:09/04/2008 ] [08-1291] |
| PETITION FOR REVIEW CASE docketed. [08-1291] |
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