USSC order list

(ORDER LIST: 551 U.S.)

TUESDAY, SEPTEMBER 25, 2007

ORDERS IN PENDING CASES
06-43 STONERIDGE INVESTMENT V. SCIENTIFIC-ATLANTA, INC., ET AL.
The motion of the Solicitor General for leave to participate
in oral argument as amicus curiae and for divided argument is
granted. Justice Breyer took no part in the consideration or
decision of this motion.
06-713 ) WASHINGTON STATE GRANGE V. WA REPUBLICAN PARTY, ET AL.
)
06-730 ) WASHINGTON, ET AL. V. WA REPUBLICAN PARTY, ET AL.
The motion of petitioners for divided argument is denied.
06-856 LaRUE, JAMES V. DeWOLFF, BOBERG & ASSOC., INC.
The motion of the Solicitor General for leave to participate
in oral argument as amicus curiae and for divided argument is
granted. The motion of respondents to dismiss the writ of
certiorari is denied.
06-984 MEDELLIN, JOSE E. V. TEXAS
The motion of the Solicitor General for leave to participate
in oral argument as amicus curiae and for divided argument is
granted.
06-7949 GALL, BRIAN M. V. UNITED STATES
The motion of petitioner for appointment of counsel is
granted. Jeffrey T. Green, Esquire, of Washington, D.C., is
appointed to serve as counsel for the petitioner in this case.
06-8273 DANFORTH, STEPHEN V. MINNESOTA
The motion of Kansas for leave to participate in oral

argument as amicus curiae and for divided argument is denied.
06-9130 ALI, ABDUS-SHAHID M. S. V. FED. BUREAU OF PRISONS, ET AL.
The motion of petitioner for appointment of counsel is
granted. Jean-Claude Andre, Esquire, of Los Angeles,
California, is appointed to serve as counsel for the petitioner
in this case.
CERTIORARI GRANTED
06-937 QUANTA COMPUTER, INC., ET AL. V. LG ELECTRONICS, INC.
06-1037 KENTUCKY RETIREMENT SYS., ET AL. V. EEOC
06-1082 VIRGINIA V. MOORE, DAVID L.
The petitions for writs of certiorari are granted. The
briefs of petitioners are to be filed with the Clerk and served
upon opposing counsel on or before 2 p.m., Monday, November 5,
2007. The briefs of respondents are to be filed with the Clerk
and served upon opposing counsel on or before 2 p.m., Monday,
December 3, 2007. Reply briefs, if any, are to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Friday, December 28, 2007. Briefs of amici curiae are to be
filed with the Clerk and served upon counsel for the parties on
or before 2 p.m., 7 days after the brief for the party
supported is filed, or if in support of neither party, within 7
days after the petitioner’s brief is filed.
06-1181 DADA, SAMSON T. V. KEISLER, ACTING ATT'Y GEN.
The petition for a writ of certiorari is granted limited to
the following Question: "Whether the filing of a motion to
reopen removal proceedings automatically tolls the period within
which an alien must depart the United States under an order
granting voluntary departure." The brief of petitioner is to be

filed with the Clerk and served upon opposing counsel on or
before 2 p.m., Monday, November 5, 2007. The brief of
respondent is to be filed with the Clerk and served upon
opposing counsel on or before 2 p.m., Monday, December 3, 2007.
A reply brief, if any, is to be filed with the Clerk and served
upon opposing counsel on or before 2 p.m., Friday, December 28,
2007. Briefs of amici curiae are to be filed with the Clerk and
served upon counsel for the parties on or before 2 p.m., 7 days
after the brief for the party supported is filed, or if in
support of neither party, within 7 days after the petitioner's
brief is filed.
06-1321 GOMEZ-PEREZ, MYRNA V. POTTER, POSTMASTER GEN.
06-1346 ALI, AHMED V. ACHIM, DEBORAH, ET AL.
06-1413 MEADWESTVACO CORP. V. IL DEPT. OF REVENUE, ET AL.
06-1431 CBOCS WEST, INC. V. HUMPHRIES, HEDRICK G.
The petitions for writs of certiorari are granted. The
briefs of petitioners are to be filed with the Clerk and served
upon opposing counsel on or before 2 p.m., Monday, November 5,
2007. The briefs of respondents are to be filed with the Clerk
and served upon opposing counsel on or before 2 p.m., Monday,
December 3, 2007. Reply briefs, if any, are to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Friday, December 28, 2007. Briefs of amici curiae are to be
filed with the Clerk and served upon counsel for the parties on
or before 2 p.m., 7 days after the brief for the party
supported is filed, or if in support of neither party, within 7
days after the petitioner’s brief is filed.

06-1457 ) MORGAN STANLEY CAPITAL GROUP V. PUBLIC UTILITY DIST. 1, ET AL.
)
06-1462 ) CALPINE ENERGY SVCS., ET AL. V. PUBLIC UTILITY DIST. 1, ET AL.
The motion of Golden State Water Company for disqualification
of counsel in No. 06-1457 is denied. The petitions for writs of
certiorari are granted. The cases are consolidated and a total
of one hour is allotted for oral argument. The brief of
petitioners is to be filed with the Clerk and served upon
opposing counsel on or before 2 p.m., Monday, November 5, 2007.
The brief of respondents is to be filed with the Clerk and
served upon opposing counsel on or before 2 p.m., Monday,
December 3, 2007. A reply brief, if any, is to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Friday, December 28, 2007. Briefs of amici curiae are to be
filed with the Clerk and served upon counsel for the parties on
or before 2 p.m., 7 days after the brief for the party supported
is filed, or if in support of neither party, within 7 days after
the petitioners’ brief is filed. The Chief Justice and Justice
Breyer took no part in the consideration or decision of this
motion and these petitions.
06-1463 PRESTON, ARNOLD M. V. FERRER, ALEX E.
The petition for a writ of certiorari is granted. The brief
of petitioner is to be filed with the Clerk and served upon
opposing counsel on or before 2 p.m., Monday, November 5, 2007.
The brief of respondent is to be filed with the Clerk and
served upon opposing counsel on or before 2 p.m., Monday,
December 3, 2007. A reply brief, if any, is to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Friday, December 28, 2007. Briefs of amici curiae are to be

filed with the Clerk and served upon counsel for the parties on
or before 2 p.m., 7 days after the brief for the party
supported is filed, or if in support of neither party, within 7
days after the petitioner’s brief is filed.

06-1498 WARNER-LAMBERT CO., ET AL. V. KENT, KIMBERLY, ET AL.
The petition for a writ of certiorari is granted. The brief
of petitioners is to be filed with the Clerk and served upon
opposing counsel on or before 2 p.m., Monday, November 5, 2007.
The brief of respondents is to be filed with the Clerk and
served upon opposing counsel on or before 2 p.m., Monday,
December 3, 2007. A reply brief, if any, is to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Friday, December 28, 2007. Briefs of amici curiae are to be
filed with the Clerk and served upon counsel for the parties on
or before 2 p.m., 7 days after the brief for the party
supported is filed, or if in support of neither party, within 7
days after the petitioners’ brief is filed. The Chief Justice
took no part in the consideration or decision of this petition.

06-1509 BOULWARE, MICHAEL H. V. UNITED STATES
The petition for a writ of certiorari is granted limited to
the following Question: "Whether the diversion of corporate
funds to a shareholder of a corporation without earnings and
profits automatically qualifies as a non-taxable return of
capital up to the shareholder's stock basis, see 26 U.S.C.
§301(c)(2), even if the diversion was not intended as a return
of capital." The brief of petitioner is to be filed with the
Clerk and served upon opposing counsel on or before 2 p.m.,
Monday, November 5, 2007. The brief of respondent is to be

filed with the Clerk and served upon opposing counsel on or
before 2 p.m., Monday, December 3, 2007. A reply brief, if any,
is to be filed with the Clerk and served upon opposing counsel
on or before 2 p.m., Friday, December 28, 2007. Briefs of amici
curiae are to be filed with the Clerk and served upon counsel
for the parties on or before 2 p.m., 7 days after the brief for
the party supported is filed, or if in support of neither party,
within 7 days after the petitioner's brief is filed.

06-1646 UNITED STATES V. RODRIQUEZ, GINO G.
The petition for a writ of certiorari is granted. The brief
of petitioner is to be filed with the Clerk and served upon
opposing counsel on or before 2 p.m., Monday, November 5, 2007.
The brief of respondent is to be filed with the Clerk and
served upon opposing counsel on or before 2 p.m., Monday,
December 3, 2007. A reply brief, if any, is to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Friday, December 28, 2007. Briefs of amici curiae are to be
filed with the Clerk and served upon counsel for the parties on
or before 2 p.m., 7 days after the brief for the party
supported is filed, or if in support of neither party, within 7
days after the petitioner’s brief is filed.

06-11543 BEGAY, LARRY V. UNITED STATES
The motion of petitioner for leave to proceed in forma
pauperis and the petition for a writ of certiorari are granted.
The brief of petitioner is to be filed with the Clerk and served
upon opposing counsel on or before 2 p.m., Monday, November 5,
2007. The brief of respondent is to be filed with the Clerk
and served upon opposing counsel on or before 2 p.m., Monday,

December 3, 2007. A reply brief, if any, is to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Friday, December 28, 2007. Briefs of amici curiae are to be
filed with the Clerk and served upon counsel for the parties on
or before 2 p.m., 7 days after the brief for the party
supported is filed, or if in support of neither party, within 7
days after the petitioner’s brief is filed.

06-11612 GONZALEZ, HOMERO V. UNITED STATES
The motion of petitioner for leave to proceed in forma
pauperis and the petition for a writ of certiorari are granted
limited to the following Questions: "1) Must a federal criminal
defendant explicitly and personally waive his right to have an
Article III judge preside over voir dire? 2) Did the court of
appeals err when it reviewed petitioner's objection for plain
error?" The brief of petitioner is to be filed with the Clerk
and served upon opposing counsel on or before 2 p.m., Monday,
November 5, 2007. The brief of respondent is to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Monday, December 3, 2007. A reply brief, if any, is to be filed
with the Clerk and served upon opposing counsel on or before 2
p.m., Friday, December 28, 2007. Briefs of amici curiae are to
be filed with the Clerk and served upon counsel for the parties
on or before 2 p.m., 7 days after the brief for the party
supported is filed, or if in support of neither party, within 7
days after the petitioner's brief is filed.

07-21 ) CRAWFORD, WILLIAM, ET AL. V. MARION CTY. ELECTION BD., ET AL.
)
07-25 ) IN DEMOCRATIC PARTY, ET AL. V. ROKITA, IN SEC. OF STATE, ET AL.
The petitions for writs of certiorari are granted. The
cases are consolidated and a total of one hour is allotted
for oral argument. The brief of petitioners is to be filed
with the Clerk and served upon opposing counsel on or before 2
p.m., Monday, November 5, 2007. The brief of respondents is
to be filed with the Clerk and served upon opposing counsel on
or before 2 p.m., Monday, December 3, 2007. A reply brief, if
any, is to be filed with the Clerk and served upon opposing
counsel on or before 2 p.m., Friday, December 28, 2007. Briefs
of amici curiae are to be filed with the Clerk and served upon
counsel for the parties on or before 2 p.m., 7 days after the
brief for the party supported is filed, or if in support of
neither party, within 7 days after the petitioners’ brief is
filed.
07-5439 BAZE, RALPH, ET AL. V. REES, COMM'R, KY DOC, ET AL.
The motion of petitioners for leave to proceed in forma
pauperis and the petition for a writ of certiorari are granted.
The brief of petitioners is to be filed with the Clerk and
served upon opposing counsel on or before 2 p.m., Monday,
November 5, 2007. The brief of respondents is to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Monday, December 3, 2007. A reply brief, if any, is to be
filed with the Clerk and served upon opposing counsel on or
before 2 p.m., Friday, December 28, 2007. Briefs of amici
curiae are to be filed with the Clerk and served upon counsel
for the parties on or before 2 p.m., 7 days after the brief for

the party supported is filed, or if in support of neither party,
within 7 days after the petitioners’ brief is filed.
CERTIORARI DENIED
07-5058 CHI, HELIBERTO V. QUARTERMAN, DIR., TX DCJ
07-5425 TURNER, CARLTON A. V. QUARTERMAN, DIR., TX DCJ
The petitions for writs of certiorari are denied.