Shell Oil Company v. US
| AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS and EXXON MOBIL CORPORATION |
| ATLANTIC RICHFIELD COMPANY, UNION OIL COMPANY OF CALIFORNIA, SHELL OIL COMPANY and TEXACO, INC. |
| UNITED STATES |
| 17-1695 |
| February 28, 2017 |
| U.S. Court of Appeals, Federal Circuit |
| Contract - Other |
Docket Report
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| Filing 77 Mandate issued to the United States Court of Federal Claims. Service as of this date by the Clerk of Court. [548674] [JAB] [Entered: 09/11/2018 10:14 AM] |
| Filing 76 OPINION and JUDGMENT filed. The judgment or decision is: Affirmed. (Precedential Opinion). (For the Court: Prost, Chief Judge; Wallach, Circuit Judge and Chen, Circuit Judge). [536688] [JAB] [Entered: 07/18/2018 09:16 AM] |
| Filing 75 Submitted after ORAL ARGUMENT by Franklin E. White, Jr. for US and Michael W. Kirk for Atlantic Richfield Company, Texaco, Inc., Shell Oil Company and Union Oil Company of California. Panel: Judge: Prost , Judge: Wallach , Judge: Chen. [526599] [JAB] [Entered: 06/04/2018 01:04 PM] |
| Filing 74 Response to oral argument order from the Appellant US. Designating Franklin E. White, Jr. to argue.. Designating 12 minutes for argument. Reserving 3 minutes for rebuttal. [17-1695] [Franklin White] [Entered: 05/02/2018 10:40 AM] |
| Filing 73 Response to oral argument order from the Appellees Atlantic Richfield Company, Shell Oil Company, Texaco, Inc. and Union Oil Company of California. Designating Michael W. Kirk to argue.. Designating 15 minutes for argument. [17-1695] [Michael Kirk] [Entered: 04/30/2018 03:25 PM] |
| Filing 72 NOTICE OF CALENDARING. Panel: 1806C. Case scheduled Jun 04, 2018 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, NW Washington, DC 20439), Courtroom 203. Response to oral argument order due: 05/15/2018. Arguing counsel is required to check-in with the Clerk's Office, 4th Floor, Room 401, between 8:30 a.m. and 9:30 a.m. on the day of argument. Please review the # Oral Argument Order. [515652] [JAB] [Entered: 04/20/2018 01:36 PM] |
| Filing 71 Notice from Appellees Atlantic Richfield Company, Shell Oil Company, Texaco, Inc. and Union Oil Company of California regarding conflicts with oral argument (None). Service: 11/21/2017 by email. [477384] [Michael Kirk] [Entered: 11/21/2017 12:19 PM] |
| Filing 70 Entry of appearance for J. Joel Alicea as of counsel for Appellees Atlantic Richfield Company, Shell Oil Company, Texaco, Inc. and Union Oil Company of California. Service: 11/21/2017 by email. [477382] [Jose Alicea] [Entered: 11/21/2017 12:11 PM] |
| Filing 69 6 paper copies of the Corrected Confidential Joint Appendix (Vols. I-II) [64] received from Appellant US. [477122] [CW] [Entered: 11/20/2017 04:18 PM] |
| Filing 68 6 paper copies of the Corrected Joint Appendix (Vols. I-II) [ # 65 ] received from Appellant US. [477115] [CW] [Entered: 11/20/2017 04:11 PM] |
| Filing 67 Entry of appearance for Franklin E. White, Jr. as of counsel for Appellant US. Service: 11/17/2017 by email. [476773] [Franklin White] [Entered: 11/17/2017 05:15 PM] |
| Filing 66 Pursuant to Practice Note 34, counsel should advise the clerk of court of scheduling conflicts for the next three court weeks, or thereafter. When filing the notice of conflicts, counsel should docket the Notice Regarding Conflicts with Argument Dates event, which is found in the Calendar event category. The notice of conflict with oral argument is due on or before 11/27/2017. [476714] [CAB] [Entered: 11/17/2017 03:44 PM] |
| Filing 65 CORRECTED JOINT APPENDIX, VOLS. I - II FILED for US [ # 63 ]. Number of Pages: 774. Service: 11/15/2017 by email. [476326] [CAB] [Entered: 11/16/2017 04:23 PM] |
| Filing 64 CORRECTED CONFIDENTIAL JOINT APPENDIX, VOLS. I - II FILED for US [62]. Number of Pages: 834. Service: 11/15/2017 by email. The paper copies of the brief should be received by the court on or before 11/27/2017. [476309] [CAB] [Entered: 11/16/2017 04:05 PM] |
| Filing 63 TENDERED from Appellant US. Title: CORRECTED JOINT APPENDIX. Service: 11/15/2017 by email. [475751] [Stephen Tosini] [Entered: 11/15/2017 12:25 PM] |
| Filing 62 TENDERED from Appellant US. Title: CORRECTED CONFIDENTIAL JOINT APPENDIX Service: 11/15/2017 by email. [475749] [Stephen Tosini] [Entered: 11/15/2017 12:21 PM] |
| Filing 61 Notice of Correction to the Brief Doc No. [ # 60 ], confidential Brief Doc No. [59] for Appellant US. Service: 11/15/2017 by email. [475745] [Stephen Tosini] [Entered: 11/15/2017 12:17 PM] |
| Filing 60 TENDERED from Appellant US. Title: CORRECTED JOINT APPENDIX. Service: 11/09/2017 by email. [474207] [Stephen Tosini] [Entered: 11/09/2017 09:55 AM] |
| Filing 59 TENDERED from Appellant US. Title: CORRECTED CONFIDENTIAL JOINT APPENDIX Service: 11/09/2017 by email. [474204] [Stephen Tosini] [Entered: 11/09/2017 09:50 AM] |
| Filing 58 NOTICE OF REJECTION: The brief of Appellant US, Corrected Confidential and Non-confidential Joint Appendix [56], [ # 57 ], are not in compliance with the rules of this court and is therefore rejected for filing. Corrected appendix due 11/21/2017. Service as of this date by Clerk of Court. [473549] [CAB] [Entered: 11/07/2017 09:29 AM] |
| Filing 57 TENDERED from Appellant US. Title: CORRECTED JOINT APPENDIX. Service: 11/02/2017 by email. [472405] This appendix has been rejected. See Doc No. [ # 58 ] [Stephen Tosini] [Entered: 11/02/2017 11:13 AM] |
| Filing 56 TENDERED from Appellant US. Title: CORRECTED CONFIDENTIAL JOINT APPENDIX Service: 11/02/2017 by email. [472403] This appendix has been rejected. See Doc No. [ # 58 ] [Stephen Tosini] [Entered: 11/02/2017 11:06 AM] |
| Filing 55 6 paper copies of the Corrected Reply Brief [ # 51 ] received from Appellant US. [472349] [CW] [Entered: 11/01/2017 03:53 PM] |
| Filing 54 NOTICE OF REJECTION: The brief of Appellant US, Confidential and Non-confidential Joint Appendix [52], [ # 53 ], are not in compliance with the rules of this court and is therefore rejected for filing (see Notice for further details). Confidential and Nonconfidential Corrected Appendix due 11/15/2017. Service as of this date by Clerk of Court. [472238] [CAB] [Entered: 11/01/2017 12:24 PM] |
| Filing 53 TENDERED Title: JOINT APPENDIX. Service: 10/27/2017 by email. [471194] This appendix has been rejected. See Doc No. [ # 54 ] [Stephen Tosini] [Entered: 10/27/2017 04:24 PM] |
| Filing 52 TENDERED from Appellant US. Title: CONFIDENTIAL JOINT APPENDIX Service: 10/27/2017 by email. [471193] This appendix has been rejected. See Doc No. [ # 54 ] [Stephen Tosini] [Entered: 10/27/2017 04:21 PM] |
| Filing 51 CORRECTED REPLY BRIEF FILED for Appellant US [ # 50 ]. Number of Pages: 31. Service: 10/24/2017 by email. The paper copies of the brief should be received by the court on or before 11/01/2017. Appendix is due 10/30/2017. [470371] [CAB] [Entered: 10/25/2017 10:11 AM] |
| Filing 50 TENDERED from Appellant US. Title: CORRECTED REPLY BRIEF. Service: 10/24/2017 by email. [470051] [Stephen Tosini] [Entered: 10/24/2017 10:21 AM] |
| Filing 49 NOTICE OF REJECTION: The brief of Appellant US, Reply Brief of Defendant-Appellant [ # 48 ], is not in compliance with the rules of this court and is therefore rejected for filing (see Notice for further details). Corrected Reply brief is due 11/07/2017. Appendix is due 10/30/2017. Service as of this date by Clerk of Court. [470039] [CAB] [Entered: 10/24/2017 09:56 AM] |
| Filing 48 TENDERED from Appellant US. Title: REPLY BRIEF. Service: 10/23/2017 by email. [469862] This brief has been rejected. See Doc No. [ # 49 ] [Stephen Tosini] [Entered: 10/23/2017 03:31 PM] |
| Filing 47 Certificate of Interest for the Amicus Curiae Exxon Mobil Corporation. Service: 10/19/2017 by email. [469199] [Daniel Steinway] [Entered: 10/19/2017 03:06 PM] |
| Filing 46 6 paper copies of the Amicus Brief [ # 44 ] received from Amicus Curiae Exxon Mobil Corporation. [467094] [CW] [Entered: 10/11/2017 04:04 PM] |
| Filing 45 Clerk's Note to the File: Certificate of Interest for Amicus Curiae Exxon Mobil Corporation is due on 10/24/2017. [466364] [CAB] [Entered: 10/10/2017 09:37 AM] |
| Filing 43 Corrected Certificate of Interest for the Amicus Curiae American Fuel & Petrochemical Manufacturers. Service: 10/06/2017 by email. [466229] [Christopher Marraro] [Entered: 10/06/2017 04:13 PM] |
| Filing 42 NOTICE OF DEFICIENCY: The certificate of interest Document No. [41] filed by Amicus Curiae American Fuel & Petrochemical Manufacturers in 17-1695 is incomplete and therefore cannot be accepted for filing at this time. [CLERK'S NOTE: The Certificate of Interest form has been updated, as of 10/02/2017, to include Question #5 regarding related cases. Please re-file using the updated Certificate of Interest form available on the court's website.] You are being afforded the opportunity to correct the deficiency. At the discretion of the court, the corrected document may be accepted for filing if received before midnight (EST) on the date of this notice. [466031] [CAB] [Entered: 10/06/2017 10:01 AM] |
| Filing 41 Certificate of Interest for the Amicus Curiae American Fuel & Petrochemical Manufacturers. Service: 10/06/2017 by email. [465998] [Christopher Marraro] [Entered: 10/06/2017 09:12 AM] |
| Filing 40 6 paper copies of the Amicus Brief [ # 38 ] received from Amicus Curiae American Fuel & Petrochemical Manufacturers. [465283] [JCP] [Entered: 10/03/2017 03:59 PM] |
| Filing 44 AMICUS BRIEF FILED for Exxon Mobil Corporation [ # 37 ]. Number of Pages: 31. Service: 09/29/2017 by email. The paper copies of the brief should be received by the court on or before 10/17/2017. [466363] [CAB] [Entered: 10/10/2017 09:35 AM] |
| Filing 39 Clerk's Note to the File: Certificate of Interest for Amicus Curiae American Fuel & Petrochemical Manufacturers is due on 10/13/2017. [464421] [CAB] [Entered: 09/29/2017 02:48 PM] |
| Filing 38 AMICUS BRIEF FILED for American Fuel & Petrochemical Manufacturers [ # 33 ]. Number of Pages: 30. Service: 09/29/2017 by email. The paper copies of the brief should be received by the court on or before 10/06/2017. [464419] [CAB] [Entered: 09/29/2017 02:46 PM] |
| Filing 37 TENDERED from Exxon Mobil Corporation Title: AMICUS CURIAE BRIEF. Service: 09/29/2017 by email. [464297] [Daniel Steinway] [Entered: 09/29/2017 10:23 AM] |
| Filing 36 Entry of appearance for Michael P. McGovern as of counsel for Exxon Mobil Corporation. Service: 09/29/2017 by email. [464292] [Daniel Steinway] [Entered: 09/29/2017 10:11 AM] |
| Filing 35 Entry of appearance for Daniel M. Steinway as principal counsel for Exxon Mobil Corporation. Service: 09/29/2017 by email. [464289] [Daniel Steinway] [Entered: 09/29/2017 10:05 AM] |
| Filing 34 Entry of appearance for Richard B. Raile as of counsel for American Fuel & Petrochemical Manufacturers. Service: 09/29/2017 by email. [464278] [Richard Raile] [Entered: 09/29/2017 09:48 AM] |
| Filing 33 TENDERED from American Fuel & Petrochemical Manufacturers Title: AMICUS CURIAE BRIEF. Service: 09/29/2017 by email. [464259] [Christopher Marraro] [Entered: 09/29/2017 09:29 AM] |
| Filing 32 Entry of appearance for Christopher H. Marraro as principal counsel for American Fuel & Petrochemical Manufacturers. Service: 09/29/2017 by email. [464257] [Christopher Marraro] [Entered: 09/29/2017 09:27 AM] |
| Filing 31 **TEXT ONLY** ORDER granting motion to extend time to file reply brief [ # 30 ] filed by Appellant US. Reply brief is due 10/23/2017. Service as of this date by Clerk of Court. This order has been issued without an attached document and is official and binding. [463560] [CAB] [Entered: 09/26/2017 01:14 PM] |
| Filing 30 MOTION of Appellant US to extend the time to 10/23/2017 to file the reply brief. Any response is due within 10 days of service [Consent: unopposed]. Service: 09/26/2017 by email. [463555] [Stephen Tosini] [Entered: 09/26/2017 01:06 PM] |
| Filing 29 6 paper copies of the Opening Response Brief [ # 27 ] received from Appellees Atlantic Richfield Company, Shell Oil Company, Texaco, Inc. and Union Oil Company of California. [463487] [CW] [Entered: 09/26/2017 10:58 AM] |
| Filing 28 **TEXT ONLY** ORDER granting motion to extend time to file reply brief [ # 26 ] filed by Appellant US. Reply brief is due 10/13/2017. Service as of this date by Clerk of Court. This order has been issued without an attached document and is official and binding. [463191] [CAB] [Entered: 09/25/2017 10:59 AM] |
| Filing 26 MOTION of Appellant US to extend the time to 10/13/2017 to file the reply brief. Any response is due within 10 days of service [Consent: unopposed]. Service: 09/23/2017 by email. [463096] [Stephen Tosini] [Entered: 09/23/2017 01:33 PM] |
| Filing 27 BRIEF FILED for Appellees Atlantic Richfield Company, Shell Oil Company, Texaco, Inc., and Union Oil Company of California [ # 25 ]. Number of Pages: 60. Service: 09/22/2017 by email. The paper copies of the brief should be received by the court on or before 10/02/2017. Appellant United States' reply brief is due 10/06/2017. [463184] [CAB] [Entered: 09/25/2017 10:56 AM] |
| Filing 25 TENDERED from Appellees Atlantic Richfield Company, Shell Oil Company, Texaco, Inc. and Union Oil Company of California. Title: RESPONSE BRIEF. Service: 09/22/2017 by email. [463090] [Michael Kirk] [Entered: 09/22/2017 06:51 PM] |
| Filing 24 6 paper copies of the Corrected Opening Brief [ # 23 ] received from Appellant US. [454375] [CW] [Entered: 08/16/2017 01:02 PM] |
| Filing 23 CORRECTED BRIEF FILED for Appellant US [ # 21 ]. Number of Pages: 51. Service: 08/11/2017 by email. The paper copies of the brief should be received by the court on or before 08/18/2017. [453491] [CAB] [Entered: 08/11/2017 04:12 PM] |
| Filing 22 CORRECTED certificate of service for Appellant US for Brief , Doc No. [ # 21 ]. Service: 08/11/2017 by email. [453485] [Stephen Tosini] [Entered: 08/11/2017 04:04 PM] |
| Filing 21 TENDERED from Appellant US. Title: CORRECTED OPENING BRIEF. Service: 08/11/2017 by email. [453227] [Stephen Tosini] [Entered: 08/11/2017 09:35 AM] |
Filing 20
ORDER granting motion to file a corrected brief [ # 19 ] filed by Appellant US. Appellant is directed to file the corrected brief through CM/ECF. Service as of this date by Clerk of Court. [453222] [CAB] [Entered: 08/11/2017 09:31 AM]
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| Filing 19 MOTION of Appellant US to file a corrected Appellant's Initial Brief brief. Any response is due within 10 days of service [Consent: unopposed]. Service: 08/09/2017 by email. [452687] [Stephen Tosini] [Entered: 08/09/2017 02:06 PM] |
| Filing 18 **TEXT ONLY** ORDER granting motion to extend time to file appellees' principal brief [ # 17 ] filed by Appellees Atlantic Richfield Company, Texaco, Inc., Shell Oil Company, and Union Oil Company of California. Appellees' brief is due 09/22/2017. Service as of this date by Clerk of Court. This order has been issued without an attached document and is official and binding. [441665] [CAB] [Entered: 06/23/2017 12:08 PM] |
| Filing 17 MOTION of Appellees Atlantic Richfield Company, Shell Oil Company, Texaco, Inc. and Union Oil Company of California to extend the time to 09/22/2017 at 11:59 pm to file the appellee/respondent/cross-appellant's principal brief. Any response is due within 10 days of service [Consent: unopposed]. Service: 06/22/2017 by email. [441548] [Michael Kirk] [Entered: 06/22/2017 05:52 PM] |
| Filing 16 6 paper copies of the Opening Brief [15] received from Appellant US. [440033] [JCP] [Entered: 06/16/2017 03:13 PM] |
| Filing 15 CORRECTED BRIEF FILED for Appellant US [14]. Number of Pages: 51. Service: 06/15/2017 by email. The paper copies of the brief should be received by the court on or before 06/22/2017. Appellees' brief is due 07/24/2017. [439703] This brief has been corrected. See Doc No. [ # 23 ] [CAB] [Entered: 06/15/2017 03:24 PM] |
| Filing 14 TENDERED from Appellant US. Title: CORRECTED OPENING BRIEF. Service: 06/15/2017 by email. [439400] This brief has been corrected. See Doc No. [ # 23 ] [Stephen Tosini] [Entered: 06/15/2017 09:06 AM] |
| Filing 13 NOTICE OF REJECTION: The brief of Appellant US, Brief of Defendant-Appellant [ # 12 ], is not in compliance with the rules of this court and is therefore rejected for filing (see Notice for further details). Corrected brief is due 06/28/2017. Appellees' brief is due 07/24/2017. Service as of this date by Clerk of Court. [439247] [CAB] [Entered: 06/14/2017 03:16 PM] |
| Filing 12 TENDERED from Appellant US. Title: OPENING BRIEF. Service: 06/12/2017 by email. [438487] This brief has been rejrected. See Doc No. [Stephen Tosini] [Entered: 06/12/2017 03:52 PM] |
| Filing 11 **TEXT ONLY** ORDER granting motion to extend time to file appellant/petitioner principal brief [ # 10 ] filed by Appellant US. Brief due 06/12/2017. Service as of this date by Clerk of Court. This order has been issued without an attached document and is official and binding. [423168] [JCA] [Entered: 04/11/2017 01:59 PM] |
| Filing 10 MOTION of Appellant US to extend the time to 06/12/2017 to file the appellant/petitioner's principal brief. Any response is due within 10 days of service [Consent: unopposed]. Service: 04/11/2017 by email. [423163] [Stephen Tosini] [Entered: 04/11/2017 01:51 PM] |
| Filing 9 REMINDER : All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a)and Fed. Cir. R. 47.3 to promptly submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [422606] [JCA] [Entered: 04/10/2017 08:37 AM] |
| Filing 8 Docketing Statement for the Appellees Atlantic Richfield Company, Shell Oil Company, Texaco, Inc. and Union Oil Company of California. Service: 03/30/2017 by email. [420403] [Michael Kirk] [Entered: 03/30/2017 03:48 PM] |
| Filing 7 Entry of appearance for Wiliam C. Marra as of counsel for Appellees Atlantic Richfield Company, Shell Oil Company, Texaco, Inc. and Union Oil Company of California. Service: 03/14/2017 by email. [415232] [William Marra] [Entered: 03/14/2017 11:31 AM] |
| Filing 6 Entry of appearance for Vincent J. Colatriano as of counsel for Appellees Atlantic Richfield Company, Shell Oil Company, Texaco, Inc. and Union Oil Company of California. Service: 03/14/2017 by email. [415224] [Vincent Colatriano] [Entered: 03/14/2017 11:22 AM] |
| Filing 5 Certificate of Interest for the Appellees Atlantic Richfield Company, Shell Oil Company, Texaco, Inc. and Union Oil Company of California. Service: 03/14/2017 by email. [415222] [Michael Kirk] [Entered: 03/14/2017 11:17 AM] |
| Filing 4 Entry of appearance for Michael W. Kirk as principal counsel for Appellees Atlantic Richfield Company, Shell Oil Company, Texaco, Inc. and Union Oil Company of California. Service: 03/14/2017 by email. [415221] [Michael Kirk] [Entered: 03/14/2017 11:15 AM] |
| Filing 3 Docketing Statement for the Appellant US. Service: 03/10/2017 by email. [414457] [Stephen Tosini] [Entered: 03/10/2017 02:13 PM] |
| Filing 2 Entry of appearance for Stephen C. Tosini as principal counsel for Appellant US. Service: 03/10/2017 by email. [414456] [Stephen Tosini] [Entered: 03/10/2017 02:12 PM] |
| Filing 1 Appeal docketed. Received: 02/27/2017. [411131] Entry of Appearance due 03/14/2017. Certificate of Interest is due on 03/14/2017. Docketing Statement due 03/30/2017. Appellant/Petitioner's brief is due 05/01/2017. [JCA] [Entered: 02/28/2017 11:10 AM] |
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