MONDAY, JUNE 27, 2016 CERTIORARI -- SUMMARY DISPOSITIONS TRIPLE CANOPY, INC. V. UNITED STATES, EX REL. BADR

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1 (ORDER LIST: 579 U.S.) MONDAY, JUNE 27, 2016 CERTIORARI -- SUMMARY DISPOSITIONS TRIPLE CANOPY, INC. V. UNITED STATES, EX REL. BADR The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U. S. (2016) NEVADA V. TORRES, RALPH The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the Supreme Court of Nevada for further consideration in light of Utah v. Strieff, 579 U. S. (2016) WESTON EDUCATIONAL, INC. V. UNITED STATES, EX REL. MILLER The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U. S. (2016) UNITED STATES, EX REL. NELSON V. SANFORD-BROWN, LTD., ET AL. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Universal Health Services, Inc. v. 1

2 United States ex rel. Escobar, 579 U. S. (2016) CLICK-TO-CALL TECHNOLOGIES, LP V. ORACLE CORP., ET AL. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Federal Circuit for further consideration in light of Cuozzo Speed Technologies, LLC v. Lee, 579 U. S. (2016). Justice Alito took no part in the consideration or decision of this petition. ORDERS IN PENDING CASES 15M134 15M135 LOPEZ, ALBERTO R. V. McFADDEN, WARDEN ROBINSON, KATHERINE B. V. DEA, ET AL. The motions to direct the Clerk to file petitions for writs of certiorari out of time are denied PAUL, RONALD I. V. DE HOLCZER, PAUL D., ET AL IN RE PAUL B. GOIST The motions of petitioners for reconsideration of orders denying leave to proceed in forma pauperis are denied ANDERSON, PATRICIA V. HARRISON COUNTY, MS SKRETTAS, GEORGE D. V. DEPT. OF VETERANS AFFAIRS The motions of petitioners for leave to proceed in forma pauperis are denied. Petitioners are allowed until July 18, 2016, within which to pay the docketing fees required by Rule 38(a) and to submit petitions in compliance with Rule 33.1 of the Rules of this Court. APPEAL -- JURISDICTION NOTED McCRORY, GOV. OF NC, ET AL. V. HARRIS, DAVID, ET AL. In this case probable jurisdiction is noted. 2

3 CERTIORARI GRANTED LIFE TECHNOLOGIES CORP., ET AL. V. PROMEGA CORP. The petition for a writ of certiorari is granted limited to Question 2 presented by the petition BECKLES, TRAVIS V. UNITED STATES The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. Justice Kagan took no part in the consideration or decision of this motion and this petition. CERTIORARI DENIED ODHIAMBO, PETER V. KENYA, ET AL AT&T, INC., ET AL. V. UNITED STATES, EX REL. HEATH MIDLAND FUNDING, ET AL. V. MADDEN, SALIHA HOME CARE ASSN. OF AM., ET AL. V. WEIL, DAVID, ET AL INTERVAL LICENSING LLC V. LEE, DIR., PATENT AND TRADEMARK RESOURCE INVESTMENTS, ET AL. V. UNITED STATES THOMAS, JERMAINE A. V. LYNCH, ATT'Y GEN CORDOVA-SOTO, GABRIELA V. UNITED STATES GUAM, ET AL. V. PAESTE, REA O., ET AL LITTLE RIVER BAND OF OTTAWA V. NLRB SOARING EAGLE CASINO AND RESORT V. NLRB HAGGART, DANIEL, ET UX. V. WOODLEY, GORDON A., ET AL UNITED STATES, EX REL. MARSHALL V. WOODWARD, INC FLOWERS, CHARLES V. TROUP COUNTY SCHOOL DISTRICT VERSATA DEVELOPMENT GROUP, INC. V. SAP AMERICA, INC., ET AL FITCH RATINGS, INC. V. FIRST COMMUNITY BANK, ET AL OLIVE, RICHARD V. UNITED STATES SEQUENOM, INC. V. ARIOSA DIAGNOSTICS, INC., ET AL. 3

4 ) CALIFORNIA, ET AL. V. PAUMA BAND OF LUISENO INDIANS ) ) PAUMA BAND OF LUISENO MISSION V. CALIFORNIA, ET AL STEPHENSON, JOHN H. V. GAME SHOW NETWORK, LLC, ET AL PFEIL, RAYMOND M., ET AL. V. STATE STREET BANK AND TRUST CO BARR PHARMACEUTICALS, ET AL. V. SUPERIOR COURT OF CA, ET AL MANTIPLY, MARY B. V. HORNE, PATRICIA N SHUKH, ALEXANDER V. SEAGATE TECHNOLOGY, ET AL ) CARONI, DENNIS M. V. UNITED STATES ) ) DiLEO, GERARD M. V. UNITED STATES AYISSI-ETOH, MAGLOIRE K. V. FANNIE MAE, ET AL BENT, MICHAEL S. V. FOSTER, TERESA L MITRANO, PETER P. V. ORLANS MORAN, PLLC RADBIL, NOAH V. REGIONAL ADJUSTMENT BUREAU SNYDER, ROBERT S. V. COLLURA, SERAFINA, ET AL AUTOMOTIVE BODY PARTS ASSN. V. USDC ED MI, ET AL WASHINGTON, ALIX, ET UX. V. BANK OF AMERICA, N.A OYAMA, MARK L. V. UNIVERSITY OF HAWAII, ET AL TAYLOR, LLOYD I. V. UNITED STATES RODRIGUEZ, ANGELA V. FOX NEWS NETWORK STONER, MARTIN V. YOUNG CONCERT ARTISTS, INC ARBUCKLE MOUNTAIN RANCH OF TX V. CHESAPEAKE ENERGY CORP., ET AL SAMSUNG ELECTRONICS CO., LTD. V. APPLE INC MT CANNABIS INDUSTRY, ET AL. V. MONTANA SANDOVAL, LUIS V. COUNTY OF LOS ANGELES, CA, ET AL PRIME HEALTHCARE SERVICES V. SERVICE EMPLOYEES INT'L, ET AL LANIER, COREY L. V. UNITED STATES KILPATRICK, KWAME M. V. UNITED STATES ESCALANTI, EUGENE J. V. UNITED STATES 4

5 OSSANA, TIMOTHY G. V. UNITED STATES HASKINS, SABASTIAN V. VIRGINIA HOLDEN, JARRETT D. V. CLARKE, DIR., VA DOC JOHNSON, MATTHEW L. V. TEXAS JAMES, DARIN L. V. UNITED STATES SANCHEZ-VASQUEZ, PEDRO E. V. UNITED STATES MAHON, DENNIS V. UNITED STATES RODRIGUEZ, VICTOR M. V. SALUS, JUDGE, ETC., ET AL COMEAUX, MICHAEL W. V. STEPHENS, DIR., TX DCJ ELLIOTT, JAMIE V. GRACE, WARDEN, ET AL CARROLL, MICHAEL J. V. MICHIGAN KIRBY, ELBERT, ET UX. V. MORRISSEY, LINDA G., ET AL CHRISTMANN, LORI A. V. SCHUTTE, ATT'Y GEN. OF MI TRUJILLO, FERNANDO V. MONTGOMERY, WARDEN HERNANDEZ, ALEXIZ V. MUNIZ, WARDEN FENTON, EDDIE V. ILLINOIS PALMER, CONNIE R. V. STEPHENS, DIR., TX DCJ NUCCIO, JOSEPH H. V. McDONALD, WARDEN BLACK, JAMES V. JOHNSON, ADM'R, NJ, ET AL BROWN, VERNON C. V. MACOMBER, WARDEN BASS, RONNIE D. V. TEXAS ALBARADO, JUAN M. V. TEXAS COSBY, PATRICIA A. V. SAFECO INS. CO. OF AMERICA BREWER, MICHAEL V. V. GEORGIA COOK, DEMOND F. V. LAMOTTE, WADE T., ET AL CANNON, JEMAINE M. V. DUCKWORTH, INTERIM WARDEN TWO BULLS, LOREN C. V. RIES, BRIANA, ET AL ABYLA, DAVID A. V. DALTON, SANDRA K., ET AL. 5

6 HERNANDEZ, MANUEL V. DAVEY, WARDEN SMITH, SHELDON V. JENKINS, WARDEN JOHNSON HOWARD, EMMA V. V. VANCE COUNTY SHERIFF, ET AL VALLI, RUBEN V. MILLER, WARDEN, ET AL DEL VALLE-SANTANA, RAQUEL V. SERVICIOS LEGALES DE PUERTO RICO GOODELL, D. SAMUEL V. BARRETT, WARDEN McCOY, JAMES B. V. WATKINS, CRAIG, ET AL JONES, LYDELL A. V. TEXAS SAVOLT, MITCHELL E. V. LONG, WARDEN BELL, NATHAN V. ILLINOIS FRANQUI, LEONARDO V. FLORIDA HARS, EVE V. KEELING, JAIME TEMPLE, DENNIS V. SINGLETON, JAMES, ET AL SALCIDO, FERNANDO M. V. KNIPP, WARDEN MARTIN, SAMUEL L. V. PENNSYLVANIA SOTELO-AYALA, MARIO V. UNITED STATES BUNTION, CARL W. V. TEXAS TEJEDA, MATEO K. V. GEORGIA MICKENS, SHAWNDALE V. LARKIN, SUPT., EASTERN NY KENNEDY, PATRICK V. VANNOY, WARDEN STOUTAMIRE, DWAYNE V. MORGAN, WARDEN McKYE, BRIAN W. V. UNITED STATES CARON, DAVID P. V. JONES, SEC., FL DOC GUTIERREZ, MACARIO V. UNITED STATES DONE, ANGEL V. UNITED STATES BACKMON, CARLA R. V. BREWER, GLENN M ARAIZA, FRANCISCO J. V. UNITED STATES ORTS, REYNA J. V. UNITED STATES 6

7 MARK, JUSTINE, ET AL. V. UNITED STATES CARTAGENA-MERCED, NELSON V. UNITED STATES CLEM, HOWARD J. V. UNITED STATES ELLIS, PRISCILLA A. V. UNITED STATES LAGI, HENRY J. V. FLORIDA ACEVEDO, JOSE V. MASSACHUSETTS FISHER, NORRIS L. V. UNITED STATES GARCIA, JOSEPH L. V. UNITED STATES HAMMOND, ADAM V. UNITED STATES GUEST, JERRY V. UNITED STATES, ET AL FLEMING, RHONDA V. UNITED STATES UPSHAW, TERRENCE V. EBBERT, WARDEN PEARSON WHITE, ROBERT J. V. UNITED STATES SMITH, JESSIE V. JONES, SEC., FL DOC ) MALACHOWSKI, MARCEL V. UNITED STATES ) ) MALACHOWSKI, MARCEL V. UNITED STATES TARANTINO, CHRISTIAN G. V. UNITED STATES WHITNEY, TERRY V. CARTER, SEC. OF DEFENSE ROGERS, ANDRE V. UNITED STATES COLE, RICKY L. V. UNITED STATES CRAWFORD, CHARLES R. V. MISSISSIPPI BIAS, TRACY V. UNITED STATES GREEN, RODERICK V. UNITED STATES RUIZ, OCARIO V. UNITED STATES McCALL, DATRIST V. UNITED STATES GUTIERREZ-SALINAS, SALVADOR V. UNITED STATES JORDAN, JOHN C. V. UNITED STATES MARTINEZ, EWIN O. V. SHARTLE, WARDEN 7

8 BERRY, RICHARD S. V. UNITED STATES JAMISON, ANDREW V. UNITED STATES BROWN, KELVIN V. UNITED STATES BURCHETTE, DIANE V. McDONALD, SEC. OF VA TAYLOR, CHRISTOPHER J. V. UNITED STATES KIEFFER, HOWARD O. V. UNITED STATES GUEVARA-MIRANDA, GERSON D. V. UNITED STATES JARVIS, MAURICE D. V. UNITED STATES MARTIN, ABRAHAM N. V. UNITED STATES ALFARO, ALFONSO V. UNITED STATES BLACK, ADARUS M. V. UNITED STATES HOPE, ANTHONY V. FLORIDA JOHNSON, DANA V. UNITED STATES COPELAND, MALCOM D. V. UNITED STATES DELGADO, JESUS M. V. UNITED STATES WILSON, WILLIAM I. V. UNITED STATES PADRON, NICOLAS A. V. UNITED STATES MERILIA, JUNIOR J. V. UNITED STATES The petitions for writs of certiorari are denied TIBBS, PHILLIP, ET AL. V. BUNNELL, JUDGE, ETC., ET AL. The motion of American Hospital Association, et al. for leave to file a brief as amici curiae is granted. The motion of The Joint Commission for leave to file a brief as amicus curiae is granted. The motion of Alliance for Quality Improvement and Patient Safety for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied MICHIGAN V. UYEDA, KIMIKO L. The motion of respondent for leave to proceed in forma 8

9 pauperis is granted. The petition for a writ of certiorari is denied EPPINGER, WARDEN V. McCARLEY, WILLARD The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied FUENTES, JACQUELINE V. MARESCA, STEPHEN, ET AL. The motion of New Mexico Department of Public Safety for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied SHINNECOCK INDIAN NATION V. NEW YORK, ET AL. The petition for a writ of certiorari is denied. Justice Sotomayor took no part in the consideration or decision of this petition PHARMERICA CORP. V. UNITED STATES, EX REL. GADBOIS The motion of New England Legal Foundation for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied COMMONWEALTH SCIENTIFIC V. CISCO SYSTEMS, INC. The petition for a writ of certiorari is denied. Justice Breyer took no part in the consideration or decision of this petition JOHNSON, R. WAYNE V. STEPHENS, DIR., TX DCJ The motion of petitioner for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule

10 TURNER, JOHN A. V. HOLLAND, WARDEN The petition for a writ of certiorari before judgment is denied BASCIANO, VINCENT V. UNITED STATES The petition for a writ of certiorari is denied. Justice Sotomayor took no part in the consideration or decision of this petition. MANDAMUS DENIED IN RE GEORGE PIECZENIK IN RE MARCUS L. WILLIAMS The petitions for writs of mandamus are denied IN RE ELIZABETH J. CAMPBELL The motion of petitioner for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus is dismissed. See Rule PROHIBITION DENIED IN RE CHRISTOPHER HEIZMAN The petition for a writ of prohibition is denied. REHEARINGS DENIED HAWKINS, VALERIE J., ET AL. V. COMMUNITY BANK OF RAYMORE IN RE CHRISTIN GRISKIE KNIGHT, RICKY, ET AL. V. THOMPSON, LESLIE, ET AL CAISON, NORMAN E. V. JONES, SEC., FL DOC LESTER, DAVID D. V. MACKIE, WARDEN SMITH, ROBERT L. V. STEPHENS, DIR., TX DCJ BERNARD, PAUL A. V. WOODS, WARDEN LONGORIA, DANIEL F. V. TEXAS The petitions for rehearing are denied. 10

11 ATTORNEY DISCIPLINE D-2863 IN THE MATTER OF DISBARMENT OF JOHN J. KORESKO, V. John J. Koresko, V., of Bridgeport, Pennsylvania, having been suspended from the practice of law in this Court by order of December 7, 2015; and a rule having been issued requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that John J. Koresko, V. is disbarred from the practice of law in this Court. D-2869 IN THE MATTER OF DISBARMENT OF CHRISTOPHER W. O'BRIEN Christopher W. O'Brien, of Wichita, Kansas, having been February 29, 2016; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Christopher W. O'Brien is disbarred from the practice of law in this Court. D-2870 IN THE MATTER OF DISBARMENT OF RONALD JOHN DENICOLA Ronald John Denicola, of Cincinnati, Ohio, having been February 29, 2016; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Ronald John Denicola is disbarred from the practice of law in this Court. D-2871 IN THE MATTER OF DISBARMENT OF KRISTI ANN FREDERICKS Kristi Ann Fredericks, of Downingtown, Pennsylvania, having been suspended from the practice of law in this Court by order 11

12 of February 29, 2016; and a rule having been issued and served upon her requiring her to show cause why she should not be disbarred; and the time to file a response having expired; It is ordered that Kristi Ann Fredericks is disbarred from the practice of law in this Court. D-2872 IN THE MATTER OF DISBARMENT OF RICHARD J. KWASNY Richard J. Kwasny, of Yardley, Pennsylvania, having been February 29, 2016; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Richard J. Kwasny is disbarred from the practice of law in this Court. D-2873 IN THE MATTER OF DISBARMENT OF PAUL MICHAEL KAUFMAN Paul Michael Kaufman, of Pepper Pike, Ohio, having been February 29, 2016; and a rule having been issued requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Paul Michael Kaufman is disbarred from the practice of law in this Court. D-2874 IN THE MATTER OF DISBARMENT OF DAVID M. COHEN David M. Cohen, of Stoughton, Massachusetts, having been February 29, 2016; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that David M. Cohen is disbarred from the 12

13 practice of law in this Court. D-2875 IN THE MATTER OF DISBARMENT OF PAUL JAY KONIGSBERG Paul Jay Konigsberg, of Palm Beach Gardens, Florida, having been suspended from the practice of law in this Court by order of February 29, 2016; and a rule having been issued requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Paul Jay Konigsberg is disbarred from the practice of law in this Court. D-2876 IN THE MATTER OF DISBARMENT OF RAYMOND G. LAVALLEE Raymond G. Lavallee, of Hauppauge, New York, having been February 29, 2016; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Raymond G. Lavallee is disbarred from the practice of law in this Court. D-2877 IN THE MATTER OF DISBARMENT OF STUART A. SCHLESINGER Stuart A. Schlesinger, of New York, New York, having been February 29, 2016; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Stuart A. Schlesinger is disbarred from the practice of law in this Court. D-2878 IN THE MATTER OF DISBARMENT OF JOHN EDWARD FASCIANA John Edward Fasciana, of Bedford Hills, New York, having been suspended from the practice of law in this Court by order 13

14 of February 29, 2016; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that John Edward Fasciana is disbarred from the practice of law in this Court. D-2879 IN THE MATTER OF DISBARMENT OF ALLAN G. GALLIMORE Allan G. Gallimore, of Pittsburgh, Pennsylvania, having been February 29, 2016; and a rule having been issued requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Allan G. Gallimore is disbarred from the practice of law in this Court. D-2880 IN THE MATTER OF DISBARMENT OF EDWIN L. LONDON Edwin L. London, of Langhorne, Pennsylvania, having been February 29, 2016; and a rule having been issued requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Edwin L. London is disbarred from the practice of law in this Court. 14