Assoc. of American Railroads v. Department of Transportation, et al
| Association of Independent Passenger Rail Operators, Resolute Forest Products Inc., Judicial Education Project, Alexander Volokh, Professor and Chamber of Commerce of the United States of America |
| Federal Railroad Administration, Anthony Foxx, In his official capacity as Secretary of Transportation, United States Department of Transportation, Joseph C. Szabo, In his official capacity as Administrator, Federal Railroad Administratioin and Raymond L. LaHood, In his official capacity as Secretary of Transportation |
| Association of American Railroads |
| 12-5204 |
| June 26, 2012 |
| U.S. Court of Appeals, D.C. Circuit |
| Other Statutory Actions |
Docket Report
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| LETTER [1655816] received from the Clerk of the Supreme Court of the United States notifying this court that the time for filing a petition for writ of certiorari has been extended to: 02/06/2017. [12-5204] [Entered: 01/13/2017 02:23 PM] |
| LETTER [1650830] received from the Clerk of the Supreme Court of the United States notifying this court that the time for filing a petition for writ of certiorari has been extended to: 01/06/2017. [12-5204] [Entered: 12/13/2016 12:57 PM] |
| MANDATE ISSUED to Clerk, U.S. District Court. [12-5204] [Entered: 09/19/2016 10:37 AM] |
| PER CURIAM ORDER, En Banc, [1635079] filed denying petition for rehearing en banc [ # 1621838-3 ] Before Judges: Garland,* Henderson, Rogers, Tatel, Brown, Griffith, Kavanaugh, Srinivasan, Millett, Pillard, Wilkins, Williams, and Sentelle. * Chief Judge Garland did not participate in this matter. [12-5204] [Entered: 09/09/2016 06:03 PM] |
| PER CURIAM ORDER [1635078] filed denying appellees' petition for rehearing [ # 1621838-2 ]. Before Judges: Brown, Williams, and Sentelle. [12-5204] [Entered: 09/09/2016 06:01 PM] |
| RESPONSE [1625066] filed by Association of American Railroads to petition for rehearing [ # 1621838-2 ], petition for rehearing en banc [ # 1621838-3 ] [Service Date: 07/15/2016 by CM/ECF NDA] Pages: 11-15. [12-5204] (Dupree, Thomas) [Entered: 07/15/2016 05:45 PM] |
| CLERK'S ORDER [1622598] filed directing appellant to file a response to petition for rehearing en banc [ # 1621838-3 ] within 15 days of the date of this order. The response may not exceed 15 pages. Absent further order of the court, the court will not accept a reply to the response. [12-5204] [Entered: 06/30/2016 04:04 PM] |
| PETITION [1621838] filed by Appellees FRA, Anthony Foxx, Joseph C. Szabo and DOT for rehearing, for rehearing en banc. [Service Date: 06/27/2016 by CM/ECF NDA] Pages: 11-15. [12-5204] (Nemeroff, Patrick) [Entered: 06/27/2016 01:29 PM] |
| PER CURIAM ORDER [1618314] filed granting appellees' unopposed motion to extend time to file a petition for rehearing and rehearing en banc [ # 1616339-2 ]. Any petition is now due on or before June 27, 2016. Before Judges: Brown, Williams and Sentelle. [12-5204] [Entered: 06/09/2016 11:54 AM] |
| UNOPPOSED MOTION [1616339] filed by FRA, Anthony Foxx, Joseph C. Szabo and DOT to extend time to file petition to 06/27/2016. [Service Date: 06/02/2016 ] Pages: 1-10. [12-5204] (Nemeroff, Patrick) [Entered: 06/02/2016 03:00 PM] |
| ENTRY OF APPEARANCE [1614647] filed by Patrick G. Nemeroff on behalf of Appellees FRA, Anthony Foxx, Joseph C. Szabo and DOT. [12-5204] (Nemeroff, Patrick) [Entered: 05/23/2016 05:03 PM] |
| TRANSCRIPT [1611824] of oral argument [12-5204] [Entered: 05/04/2016 03:08 PM] |
| CLERK'S ORDER [1611063] filed withholding issuance of the mandate. [12-5204] [Entered: 04/29/2016 10:18 AM] |
| OPINION [1611061] filed (Pages: 34) for the Court by Judge Brown. [12-5204] [Entered: 04/29/2016 10:17 AM] |
| PER CURIAM JUDGMENT [1611060] filed that the judgment of the District Court is hereby reversed, for the reasons in the accompanying opinion . Before Judges: Brown, Williams and Sentelle. [12-5204] [Entered: 04/29/2016 10:14 AM] |
| RESPONSE [1593019] filed by Association of American Railroads to letter Rule 28j authorities [ # 1592485-2 ], letter [ # 1592485-3 ] [Service Date: 01/12/2016 by CM/ECF NDA] Pages: 1-10. [12-5204] (Dupree, Thomas) [Entered: 01/12/2016 12:12 PM] |
| LETTER [1592485] filed by FRA, Anthony Foxx, Joseph C. Szabo and DOT pursuant to FRAP 28j advising of additional authorities [Service Date: 01/08/2016 ] [12-5204] (Raab, Michael) [Entered: 01/08/2016 11:48 AM] |
| ORAL ARGUMENT HELD before Judges Brown, Williams and Sentelle. [12-5204] [Entered: 11/10/2015 11:02 AM] |
| FORM 72 submitted by arguing attorney, Michael S. Raab, on behalf of Appellees FRA, Anthony Foxx, Joseph C. Szabo and DOT (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [12-5204] (Raab, Michael) [Entered: 11/02/2015 12:27 PM] |
| FORM 72 submitted by arguing attorney, Thomas H. Dupree, Jr., on behalf of Appellant Association of American Railroads (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [12-5204] (Dupree, Thomas) [Entered: 10/28/2015 09:10 AM] |
| PER CURIAM ORDER [1580308] filed allocating oral argument time as follows: Appellant - 20 Minutes, Appellees - 20 Minutes; directing party to file Form 72 notice of arguing attorney by 11/03/2015 [12-5204] [Entered: 10/27/2015 03:17 PM] |
| NOTICE [1574484] filed by Association of Independent Passenger Rail Operators to withdraw attorney Richard Brian Katskee who represented Association of Independent Passenger Rail Operators in 12-5204 [Service Date: 09/23/2015 ] [12-5204] (Katskee, Richard) [Entered: 09/23/2015 10:22 AM] |
| ENTRY OF APPEARANCE [1573876] filed by Dan Himmelfarb on behalf of Amicus Curiae for Appellant Association of Independent Passenger Rail Operators. [12-5204] (Himmelfarb, Dan) [Entered: 09/18/2015 03:38 PM] |
| CLERK'S ORDER [1573865] filed scheduling oral argument on Tuesday, 11/10/2015. [12-5204] [Entered: 09/18/2015 03:11 PM] |
| LETTER [1572833] filed by Association of American Railroads advising of arguing counsel's availability for oral argument. [Service Date: 09/14/2015 ] [12-5204] (Dupree, Thomas) [Entered: 09/14/2015 11:00 AM] |
| APPELLANT REPLY BRIEF [1571467] filed by Association of American Railroads [Service Date: 09/03/2015 ] Length of Brief: 6,983 words. [12-5204] (Dupree, Thomas) [Entered: 09/03/2015 05:07 PM] |
| APPELLEE BRIEF [1567794] filed by FRA, Anthony Foxx, Joseph C. Szabo and DOT [Service Date: 08/13/2015 ] Length of Brief: 11,379 words. [12-5204] (Tenny, Daniel) [Entered: 08/13/2015 07:01 PM] |
| JOINT APPENDIX [1566978] filed by Association of American Railroads. [Volumes: 1] [Service Date: 08/10/2015 ] [12-5204] (Dupree, Thomas) [Entered: 08/10/2015 01:20 PM] |
| AMICUS FOR APPELLANT BRIEF [1561121] filed by Judicial Education Project, Chamber of Commerce of the US and Resolute Forest Products Inc. [Service Date: 07/06/2015 ] Length of Brief: 6703. [12-5204]--[Edited 07/08/2015 by LMF] (Grossman, Andrew) [Entered: 07/06/2015 04:53 PM] |
| AMICUS FOR APPELLANT BRIEF [1561118] filed by Association of Independent Passenger Rail Operators [Service Date: 07/06/2015 ] Length of Brief: 6,099 Words. [12-5204]--[Edited 07/08/2015 by LMF] (Katskee, Richard) [Entered: 07/06/2015 04:50 PM] |
| AMICUS FOR APPELLANT BRIEF [1561095] filed by Alexander Volokh [Service Date: 07/06/2015 ] Length of Brief: 6,769 words. [12-5204] (Paolella, Christopher) [Entered: 07/06/2015 03:56 PM] |
| NOTICE filed [1560641] by Chamber of Commerce of the United States of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 07/02/2015 ] [12-5204] (Coffin, Shannen) [Entered: 07/02/2015 09:30 AM] |
| NOTICE filed [1560617] by Association of Independent Passenger Rail Operators of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 07/01/2015 ] [12-5204] (Katskee, Richard) [Entered: 07/01/2015 06:22 PM] |
| LETTER FILED [1560053] by Association of American Railroads Regarding Joint Appendix. [Service Date: 06/29/2015 ] [12-5204] (Dupree, Thomas) [Entered: 06/29/2015 05:22 PM] |
| INCORRECT PDF WAS ATTACHED-- JOINT APPENDIX [1560051] filed by Association of American Railroads and FRA, Anthony Foxx and DOT. [Volumes: 1] [Service Date: 06/29/2015 ] [12-5204] APPENDIX [1560051] filed by. [Volumes: 1] [Service Date: 06/29/2015 ] [12-5204]--[Edited 08/18/2015 by LMF] (Dupree, Thomas) [Entered: 06/29/2015 05:18 PM] |
| APPELLANT BRIEF [1560050] filed by Association of American Railroads [Service Date: 06/29/2015 ] Length of Brief: 10,793 words. [12-5204] (Dupree, Thomas) [Entered: 06/29/2015 05:13 PM] |
| NOTICE filed [1559405] by Professor Alexander Volokh of intention to participate as amicus curiae. [Disclosure Listing: Not Applicable to this Party] [Service Date: 06/24/2015 ] [12-5204] (Paolella, Christopher) [Entered: 06/24/2015 03:36 PM] |
| NOTICE filed [1559216] by Resolute Forest Products Inc. of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 06/23/2015 ] [12-5204] (Grossman, Andrew) [Entered: 06/23/2015 05:36 PM] |
| NOTICE filed [1559205] by Judicial Education Project of intention to participate as amicus curiae. [Disclosure Listing: Attached] [Service Date: 06/23/2015 ] [12-5204] (Coffin, Shannen) [Entered: 06/23/2015 04:30 PM] |
| PER CURIAM ORDER filed [1553070] granting the joint motion to establish briefing schedule [ # 1552133-3 ], setting briefing schedule: APPELLANT Brief due 06/29/2015. APPELLEE Brief due on 08/13/2015. APPELLANT Reply Brief due 09/03/2015. Before Judges: Brown, Williams and Sentelle. [12-5204] [Entered: 05/18/2015 04:41 PM] |
| JOINT MOTION filed [1552133] by Association of American Railroads and FRA, Anthony Foxx, Joseph C. Szabo and DOT to govern future proceedings. (Response to Motion served by mail due on 05/26/2015), to establish briefing schedule (Response to Motion served by mail due on 05/26/2015) [Service Date: 05/12/2015 by CM/ECF NDA] Pages: 1-10. [12-5204] (Raab, Michael) [Entered: 05/12/2015 03:53 PM] |
| ENTRY OF APPEARANCE [1547713] filed by Thomas H. Dupree, Jr. and co-counsel Amir C. Tayrani and Lucas C. Townsend on behalf of Appellant Association of American Railroads. [12-5204] (Townsend, Lucas) [Entered: 04/16/2015 02:32 PM] |
| PER CURIAM ORDER filed [1547214], on the courts own motion, that in light of the Supreme Courts decision in Dept of Transportation v. Assn of American Railroads, 135 S. Ct. 1225 (2015), the parties file motions to govern future proceedings on or before May 14, 2015. Before Judges: Brown, Williams and Sentelle. [12-5204] [Entered: 04/14/2015 12:46 PM] |
| CLERK'S ORDER filed [1546863] recalling mandate. The Clerk of the United States District Court for the District of Columbia is requested to return the mandate forthwith. [12-5204] [Entered: 04/10/2015 03:35 PM] |
| JUDGMENT received [1546768] from the Clerk of the Supreme Court of the United States. [12-5204] [Entered: 04/10/2015 01:00 PM] |
| OPINION filed [1542283] by the Clerk of the Supreme Court of the United States notifying this court of the following disposition of case No. 13-1080 argued on 12/08/2014: the judgment was vacated and the case remanded for further proceedings on 03/09/2015. [12-5204] [Entered: 03/13/2015 03:06 PM] |
| RECEIPT [1514385] RECEIVED from WL Badge #418 to Clerk of the Supreme Court of the United States transmitting the record on appeal for documents sent to Scott S. Harris, Clerk [signed for on 09/26/2014] [12-5204] [Entered: 09/29/2014 12:13 PM] |
| LETTER filed [1514234] by the Clerk of the Supreme Court of the United States requesting transmittal of the record on appeal. [12-5204] [Entered: 09/26/2014 02:21 PM] |
| LETTER filed [1499238] by the Clerk of the Supreme Court of the United States notifying this court of the following activity in case No. 13-1080: The petition for writ of certiorari was granted on 06/23/2014. [12-5204] [Entered: 06/24/2014 07:39 PM] |
| LETTER filed [1484688] by the Clerk of the Supreme Court of the United States notifying this court of the following activity in the case before it: A petition for writ of certiorari was filed and placed on the docket on 03/11/2014 as No. 13-1080. [12-5204] [Entered: 03/20/2014 05:32 PM] |
| LETTER filed [1477894] by the Clerk of the Supreme Court of the United States notifying this court that the time for filing a petition for writ of certiorari has been extended to: 03/10/2014. [12-5204] [Entered: 02/03/2014 08:06 AM] |
| LETTER filed [1473483] by the Clerk of the Supreme Court of the United States notifying this court that the time for filing a petition for writ of certiorari has been extended to: 02/07/2014. [12-5204] [Entered: 01/03/2014 03:11 PM] |
| MANDATE ISSUED to Clerk, District Court [12-5204] [Entered: 10/22/2013 12:42 PM] |
| PER CURIAM ORDER filed [1460815] denying petition for rehearing [ # 1452077-2 ] Before Judges: Brown, Williams and Sentelle. [12-5204] [Entered: 10/11/2013 01:36 PM] |
| PER CURIAM ORDER, En Banc, filed [1460816] denying petition for rehearing en banc [ # 1452077-3 ] Before Judges: Garland, Henderson, Rogers, Tatel, Brown, Griffith, Kavanaugh and Srinivasan. [12-5204] [Entered: 10/11/2013 01:38 PM] |
| RESPONSE FILED [1455112] by Association of American Railroads to petition for rehearing [ # 1452077-2 ], petition for rehearing en banc [ # 1452077-3 ] [Service Date: 09/05/2013 by CM/ECF NDA] Pages: 11-15. [12-5204] (Dupree, Thomas) [Entered: 09/05/2013 07:03 PM] |
| TRANSCRIPT [1453749] of oral argument [12-5204] [Entered: 08/27/2013 02:35 PM] |
| CLERK'S ORDER filed [1452639] Upon consideration of the petition for rehearing en banc, it is ORDERED, on the courts own motion, that within 15 days of the date of this order, appellant file a response to the petition for rehearing en banc, not to exceed 15 pages. Absent further order of the court, the court will not accept a reply to the response. [ # 1452077-3 ] [12-5204] [Entered: 08/21/2013 09:39 AM] |
| PETITION filed [1452077] by Appellees FRA, Anthony Foxx, Joseph C. Szabo and DOT for rehearing, for rehearing en banc. [Service Date: 08/16/2013 by CM/ECF NDA] Pages: 11-15. [12-5204] (Raab, Michael) [Entered: 08/16/2013 02:09 PM] |
| CLERK'S ORDER filed [1444667] withholding issuance of the mandate. [12-5204] [Entered: 07/02/2013 10:18 AM] |
| OPINION filed [1444666] (Pages: 21) for the Court by Judge Brown [12-5204] [Entered: 07/02/2013 10:17 AM] |
| [JUDGMENT VACATED BY JUDGMENT FILED 04/10/2015] PER CURIAM JUDGMENT filed [1444664] that the judgment of the District Court appealed from in this cause is hereby reversed, for the reasons in the accompanying opinion. Before Judges: Brown, Williams and Sentelle. [12-5204] [Entered: 07/02/2013 10:15 AM] |
| ORAL ARGUMENT HELD before Judges Brown, Williams and Sentelle. [12-5204] [Entered: 02/19/2013 10:13 AM] |
| FORM 72 submitted by arguing attorney, Michael S. Raab, on behalf of Appellees FRA, Raymond L. LaHood, Joseph C. Szabo and DOT. [12-5204] (Raab, Michael) [Entered: 02/08/2013 02:17 PM] |
| FORM 72 submitted by arguing attorney, Thomas H. Dupree, Jr., on behalf of Appellant Association of American Railroads. [12-5204] (Dupree, Thomas) [Entered: 02/08/2013 09:46 AM] |
| PER CURIAM ORDER filed [1419086] allocating oral argument time as follows: Appellant -- 15 Minutes, Appellees -- 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney - due 02/12/2013 [12-5204] [Entered: 02/06/2013 11:50 AM] |
| APPELLANT REPLY BRIEF [1407763] filed by Association of American Railroads [Service Date: 11/30/2012 ] Length of Brief: 6,464. [12-5204] (Dupree, Thomas) [Entered: 11/30/2012 07:30 PM] |
| CLERK'S ORDER filed [1405157] scheduling oral argument before Judges SENTELLE, BROWN, WILLIAMS Tuesday, 02/19/2013 AM [12-5204] [Entered: 11/15/2012 09:56 AM] |
| CLERK'S ORDER filed [1404442] granting appellant's unopposed motion to extend time to file the reply brief [ # 1404196-2 ], The following revised briefing schedule will now apply: APPELLANT Reply Brief due 11/30/2012 [12-5204] [Entered: 11/13/2012 10:41 AM] |
| UNOPPOSED MOTION filed [1404196] by Association of American Railroads to extend time to file reply to 11/30/2012. Pages: 1-10. [12-5204] (Dupree, Thomas) [Entered: 11/09/2012 12:19 PM] |
| APPELLEE BRIEF [1404004] filed by FRA, Raymond L. LaHood, Joseph C. Szabo and DOT [Service Date: 11/08/2012 ] Length of Brief: 7902 words. [12-5204] (Raab, Michael) [Entered: 11/08/2012 04:10 PM] |
| ENTRY OF APPEARANCE filed [1403886] by Michael S. Raab and co-counsel Mark B. Stern, Daniel Tenny on behalf of Appellees FRA, Raymond L. LaHood, Joseph C. Szabo and DOT. [12-5204] (Tenny, Daniel) [Entered: 11/08/2012 12:24 PM] |
| CORRECTED APPELLANT BRIEF [1398880] filed by Association of American Railroads [Service Date: 10/10/2012 ] Length of Brief: 11,285 Words. [12-5204] (Dupree, Thomas) [Entered: 10/10/2012 12:37 PM] |
| INCORRECT DOCKET ENTRY-DISREGARD--APPELLANT BRIEF [1398776] filed by Association of American Railroads [Service Date: 10/09/2012 ] Length of Brief: 11,285. [12-5204]--[Edited 10/10/2012 by LMC] (Dupree, Thomas) [Entered: 10/09/2012 07:36 PM] |
| JOINT APPENDIX [1398777] filed [Volumes: 1] [Service Date: 10/09/2012 ] [12-5204] (Dupree, Thomas) [Entered: 10/09/2012 07:38 PM] |
| CLERK'S ORDER filed [1391428] setting briefing schedule: APPELLANT Brief due 10/09/2012. Appendix due 10/09/2012. APPELLEE Brief due on 11/08/2012. APPELLANT Reply Brief due 11/23/2012 [12-5204] [Entered: 08/27/2012 11:04 AM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES FILED [1385855] by Association of American Railroads [Service Date: 07/26/2012 ] [12-5204] (Dupree, Thomas) [Entered: 07/26/2012 11:52 AM] |
| CERTIFICATE OF SERVICE [1385879] to statement [ # 1385875-2 ], statement [ # 1385873-2 ], statement [ # 1385871-2 ], report status of transcript (final) [ # 1385868-2 ], record [ # 1385865-2 ], notice [ # 1385863-2 ], certificate [ # 1385855-2 ] filed by Association of American Railroads. [12-5204] (Dupree, Thomas) [Entered: 07/26/2012 12:12 PM] |
| STATEMENT OF ISSUES FILED [1385875] by Association of American Railroads [Service Date: 07/26/2012 ] [12-5204] (Dupree, Thomas) [Entered: 07/26/2012 12:08 PM] |
| STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL FILED [1385873] by Association of American Railroads [Service Date: 07/26/2012 ] Intent: AppxNotDeferred [12-5204] (Dupree, Thomas) [Entered: 07/26/2012 12:06 PM] |
| DOCKETING STATEMENT FILED [1385871] by Association of American Railroads [Service Date: 07/26/2012 ] [12-5204] (Dupree, Thomas) [Entered: 07/26/2012 12:05 PM] |
| TRANSCRIPT STATUS REPORT [1385868] by Association of American Railroads [Service Date: 07/26/2012 ]. Status of Transcripts: Final - No transcripts are needed for the appeal. [12-5204] (Dupree, Thomas) [Entered: 07/26/2012 12:03 PM] |
| UNDERLYING DECISION IN CASE submitted [1385865] by Association of American Railroads [12-5204] (Dupree, Thomas) [Entered: 07/26/2012 11:59 AM] |
| ENTRY OF APPEARANCE filed [1385863] by Thomas H. Dupree, Jr. and co-counsel Porter N. Wilkinson on behalf of Appellant Association of American Railroads. [12-5204] (Dupree, Thomas) [Entered: 07/26/2012 11:56 AM] |
| ENTRY OF APPEARANCE filed [1383827] by Michael S. Raab and co-counsel Mark B. Stern on behalf of Appellees FRA, Raymond L. LaHood, Joseph C. Szabo and DOT. [12-5204] (Raab, Michael) [Entered: 07/16/2012 02:27 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES FILED [1383828] by FRA, Raymond L. LaHood, Joseph C. Szabo and DOT [Service Date: 07/16/2012 ] [12-5204] (Raab, Michael) [Entered: 07/16/2012 02:29 PM] |
| NOTICE OF APPEAL filed [1380763] by Association of American Railroads seeking review of a decision by the U.S. District Court in 1:11-cv-01499-JEB. Assigned USCA Case Number [12-5204] [Entered: 06/26/2012 01:51 PM] |
| CLERK'S ORDER filed [1380765] directing party to file initial submissions: APPELLANT docketing statement due 07/26/2012. APPELLANT certificate as to parties, etc. due 07/26/2012. APPELLANT statement of issues due 07/26/2012. APPELLANT underlying decision due 07/26/2012. APPELLANT deferred appendix statement due 07/26/2012. APPELLANT notice of appearance due 07/26/2012. APPELLANT transcript status report due 07/26/2012. APPELLANT procedural motions due 07/26/2012. APPELLANT dispositive motions due 08/10/2012; directing party to file initial submissions: APPELLEE certificate as to parties, etc. due 07/26/2012. APPELLEE entry of appearance due 07/26/2012. APPELLEE procedural motions due 07/26/2012. APPELLEE dispositive motions due 08/10/2012 [12-5204] [Entered: 06/26/2012 01:52 PM] |
| US CIVIL CASE docketed. [12-5204] [Entered: 06/26/2012 01:50 PM] |
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