ORDER LIST 06/25/12 (2012)

MONDAY, JUNE 25, 2012

APPEAL -- SUMMARY DISPOSITION

11-1178 FLETCHER, PATRICIA, ET AL. V. LAMONE, LINDA H., ET AL.

The judgment is affirmed.

CERTIORARI -- SUMMARY DISPOSITION

11-83 ARCTIC SLOPE NATIVE ASSN. V. SEBELIUS, SEC. OF H&HS

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 Salazar v. Ramah Navajo Chapter, 567

U.S. ___ (2012).

ORDERS IN PENDING CASES

11M116 GIUNTA, JOSEPH J. V. ASTRUE, COMM'R, SOCIAL SEC.

The motion to direct the Clerk to file a petition for a writ

of certiorari out of time is denied.

11M117 EMMETT, BARRY V. THALER, DIR., TX DCJ

The motion to direct the Clerk to file a petition for a writ

of certiorari out of time under Rule 14.5 is denied.

11M118 DAVIS, HENRY V. CAIN, WARDEN

11M119 BLACKARD, JUDITH A. V. TEXAS

11M120 LOMAX, MATTIE V. NUNEZ, OFFICER, ET AL.

The motions to direct the Clerk to file petitions for

writs of certiorari out of time are denied.

11M121 UNDER SEAL V. UNDER SEAL, ET AL.

The motion for leave to file a petition for a writ of

certiorari under seal with redacted copies for the public

record is granted.

11M122 ROE, RICHARD, ET AL. V. UNITED STATES, ET AL.

The motion for leave to file a petition for a writ of

certiorari under seal with redacted copies for the public

record is granted on condition that petitioners provide a

redacted motion and petition that remove any appended item

containing a party's true name and any reference to such item

within 30 days.

11-1078 GLAXOSMITHKLINE V. CLASSEN IMMUNOTHERAPIES, INC.

The Solicitor General is invited to a file brief in this

case expressing the views of the United States.

11-9281 IN RE MICHAEL DOYLE

The motion of petitioner for reconsideration of order

denying leave to proceed in forma pauperis is denied.

11-9925 THOMAS, TROY C. V. CALIFORNIA

11-10026 POSTOLACHE, IONEL V. POSTOLACHE, DOINITA

11-10480 TRIVEDI, RAMNIK V. IRS

The motions of petitioners for leave to proceed in forma

pauperis are denied. Petitioners are allowed until July 16,

2012, 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.

CERTIORARI GRANTED

11-338 ) DECKER, DOUG, ET AL. V. NORTHWEST ENVTL. DEFENSE CENTER

)

11-347 ) GEORGIA-PACIFIC WEST, ET AL. V. NORTHWEST ENVTL. DEFENSE CENTER

The petitions for writs of certiorari are granted. The

cases are consolidated and a total of one hour is allotted for

oral argument. Justice Breyer took no part in the consideration

or decision of these petitions.

11-460 LOS ANGELES CTY. FLOOD CONTROL V. NATURAL RESOURCES, ET AL.

The petition for a writ of certiorari is granted limited

to Question 2 presented by the petition.

11-556 VANCE, MAETTA V. BALL STATE UNIVERSITY, ET AL.

The petition for a writ of certiorari is granted.

11-864 COMCAST CORP., ET AL. V. BEHREND, CAROLINE, ET AL.

The petition for a writ of certiorari is granted limited

to the following question: "Whether a district court may

certify a class action without resolving whether the

plaintiff class has introduced admissible evidence,

including expert testimony, to show that the case is

susceptible to awarding damages on a class-wide basis."

11-982 ALREADY, LLC V. NIKE, INC.

The petition for a writ of certiorari is granted.

11-1059 GENESIS HEALTHCARE CORP., ET AL. V. SYMCZYK, LAURA

The motion of Chamber of Commerce of the United States of

America, et al. for leave to file a brief as amici curiae is

granted. The motion of DRI - The Voice of the Defense Bar for

leave to file a brief as amicus curiae is granted. The petition

for a writ of certiorari is granted.

11-1160 FTC V. PHOEBE PUTNEY HEALTH, ET AL.

11-1231 SEBELIUS, SEC. OF H&HS V. AUBURN REGIONAL MEDICAL, ET AL.

11-1285 US AIRWAYS, INC. V. McCUTCHEN, JAMES E., ET AL.

The petitions for writs of certiorari are granted.

11-9307 HENDERSON, ARMARCION D. V. UNITED STATES

The motion of petitioner for leave to proceed in forma

pauperis and the petition for a writ of certiorari are granted.

CERTIORARI DENIED

10-947 BANK MELLI IRAN NY REP. OFFICE V. WEINSTEIN, SUSAN, ET AL.

10-1139 FACULTY SENATE OF FL, ET AL. V. FLORIDA

10-1322 DIRECTV, INC., ET AL. V. TESTA, JOSEPH W.

10-1377 COOK, MERILYN, ET AL. V. ROCKWELL INTERNATIONAL CORP.

10-1555 PACIFIC MERCHANT SHIPPING ASS'N V. GOLDSTENE, JAMES, ET AL.

11-71 COTRONEO, DOMINIC, ET AL. V. SHAW ENVTL. & INFRASTRUCTURE

11-969 ) RYAN, THERESA R., ET AL. V. PICARD, IRVING H., ET AL.

)

11-986 ) VELVEL, LAWRENCE R. V. PICARD, IRVING H., ET AL.

11-1009 PUBLIC CITIZEN, INC., ET AL. V. FERC, ET AL.

11-1026 M. H. V. UNITED STATES

11-1056 TORRES-RENDON, TOMAS B. V. HOLDER, ATT'Y GEN.

11-1062 MICCI, JOSEPH V. ALEMAN, RICK

11-1089 DeFEO, CHRISTOPHER V. CALIFORNIA

11-1153 OGNIBENE, TOM, ET AL. V. PARKES, JOSEPH P., ET AL.

11-1158 HERRING, TED V. FLORIDA

11-1161 CAHILL, PETER S. V. SEC

11-1177 RHODES, DAVID T. V. JUDISCAK, DAN

11-1215 ABDUR'RAHMAN, ABU-ALI V. COLSON, WARDEN

11-1229 MI WORKERS' COMP. AGENCY, ET AL. V. ACE AM. INS. CO., ET AL.

11-1243 DEEP, NORMAN P. V. CLINTON CENTRAL SCHOOL, ET AL.

11-1252 LA CITIZENS PROPERTY INS. CO. V. OUBRE, GERALDINE, ET AL.

11-1257 KIA MOTORS AMERICA, INC. V. SAMUEL-BASSETT, SHAMELL, ET AL.

11-1258 KIVISTO, JUSSI K. V. SOIFER, MICHAEL D., ET AL.

11-1260 WILSON, DAVID B. V. BIRNBERG, GERALD, ET AL.

11-1270 AABDOLLAH, MORTEZA V. AABDOLLAH, FATEMEH

11-1271 TRUSTEE OF NORTEL NETWORKS V. NORTEL NETWORKS, INC., ET AL.

11-1272 JACKSON, REBECCA W. V. MECOSTA CTY. MED. CENTER, ET AL.

11-1273 WIECKIEWICZ, ADAM V. EDUCATIONAL CREDIT MANAGEMENT

11-1276 MIKEL, ANDREW V. SCHOOL BD. OF SPOTSYLVANIA CTY.

11-1279 JOHNSON, BENJAMIN L. V. BARTOS, WARDEN, ET AL.

11-1283 RODRIGUEZ, ISIDORO V. SEA SEARCH ARMADA, ET AL.

11-1294 IRAQ V. WYE OAK TECHNOLOGY, INC.

11-1296 KATZ-PUESCHEL, DEBORAH V. DEPT. OF TRANSPORTATION

11-1297 M. H. R. V. FLORIDA

11-1311 PHAN, DUNG V. HOLDER, ATT'Y GEN.

11-1315 FRANKLIN, CHAD V. ESTATE OF MAX OVERBEY, ET AL.

11-1339 LOVAAS, PATTY V. MONTANA, ET AL.

11-1340 BEY, NTCHWAIDUMELA, ET AL. V. NEW YORK, NY, ET AL.

11-1341 BOSCH, YIGAL V. CERTAIN UNDERWRITERS AT LLOYD'S

11-1357 SHARP, SHAWN C. V. JOHNSON, PHILIP, ET AL.

11-1380 WILLIAMS, STEVEN, ET UX. V. JP MORGAN MORTGAGE, ET AL.

11-1387 MR. S. V. UNITED STATES

11-1394 BALLAN, ANTHONY P. V. UNITED STATES

11-7501 SMITH, JAMES M. V. PENNSYLVANIA

11-8101 CARTER, CHRISTOPHER V. UNITED STATES

11-8733 TRUJILLO, ADELAIDO V. TALLY, SERGEANT, ET AL.

11-8966 REBOLLO-ANDINO, DANNY V. UNITED STATES

11-9013 BROWN, ARTHUR V. ILLINOIS

11-9023 SAGHIR, UZMAH V. GRIEVANCE COMMITTEE

11-9125 HUTCHISON, OLEN E. V. COLSON, WARDEN

11-9452 FLORES, JOAQUIN B. V. UNITED STATES

11-9453 GIANNINI, GLORIA V. UNITED STATES

11-9492 SANDOVAL, ANNETTE N. V. UNITED STATES

11-9672 PADILLA, JOSE V. UNITED STATES

11-9830 DOZIER, SCOTT V. NEVADA

11-9861 SAMPSON, KIMANI A. V. FLORIDA

11-9862 RIVERA, MICHAEL A. V. HORNE, ATT'Y GEN. OF AZ, ET AL.

11-9863 SMITH, ZACHARY T. V. THALER, DIR., TX DCJ

11-9874 BAILEY, RICARDO V. TUCKER, SEC., FL DOC, ET AL.

11-9876 LOMAX, MATTIE V. REGALADO, MAYOR, ET AL.

11-9877 SMITH, DANIEL L. V. SANDOR, WARDEN

11-9889 McMORRIS, JOSEPH V. SHERFIELD, JON, ET AL.

11-9892 NUNN, MYRON R. V. COOPER, ATT'Y GEN. OF NC

11-9895 BROWN, ERIC V. MITCHELL, SUPT., OLD COLONY

11-9902 ROJAS, PAUL D. V. ADAMS, WARDEN

11-9906 CARAVEO, OMAR V. TEXAS

11-9914 PENA, JORGE V. ILLINOIS

11-9921 MAYES, NORMAN L. V. ROWLEY, WARDEN, ET AL.

11-9924 WALKER, JOHNNY V. SMITH, WARDEN

11-9928 BRUCE, DeSEAN A. V. RYAN, DIR., AZ DOC, ET AL.

11-9933 COLEMAN, DONALD V. COX, DIR., NV DOC, ET AL.

11-9934 LAVENDER, JAMES R. V. THALER, DIR., TX DCJ

11-9935 NOWILL, RANDALL W. V. FRAZIER, WARDEN

11-9940 KIDD, CARLOS R. V. LIVINGSTON, EXEC. DIR., ET AL.

11-9949 MOXLEY, JOHN T. V. NEVEN, WARDEN

11-9952 BRIST, AMY L. V. MINNESOTA

11-9957 AMAKER, JOEL L. V. NEW YORK, ET AL.

11-9959 MAYES, DEBRA V. GRAPHIC PACKAGING INT'L

11-9963 MENDIOLA, RICHARD V. THALER, DIR., TX DCJ

11-9964 MORRIS, TARAY T. V. MALFI, WARDEN, ET AL.

11-9965 TURNER, CHARLES R. V. HERRICK, STEPHEN M., ET AL.

11-9968 CABA, ROBERTO V. UNITED STATES

11-9973 LAZAROV, MALINA V. V. KIMMEL, JAMES, ET AL.

11-9976 McCARTHY, PATRICK V. SOSNICK, EDWARD, ET AL.

11-9978 APPLEWHITE, SAMUEL D. V. OUTLAW, SUPT., EASTERN, ET AL.

11-9979 BRANCO, ALLEN P. V. ESPINDA, WARDEN

11-9995 STURDIVANT, RAMELL V. ILLINOIS

11-10032 BAILEY, BATASKI V. EMS VENTURES, INC.

11-10055 KULA, FRANK S. V. WV DEPT. OF TRANSPORTATION

11-10127 MALAM, MAHAMAN L., ET AL. V. UNITED STATES

11-10132 LIZOTTE, BRANDON V. LeBLANC, JAMES, ET AL.

11-10164 DILWORTH, WARREN J. V. MISSISSIPPI

11-10183 LEONARD, GREGORY N. V. NEVADA

11-10187 SMITH, TONY M. V. McDANIEL, WARDEN, ET AL.

11-10230 THOMAS, PAUL A. V. CATE, SEC., CA DOC

11-10239 LYONS, ERIC J. V. COLEMAN, SUPT., FAYETTE, ET AL.

11-10254 HALBERT, LAWRENCE D. V. CALIFORNIA

11-10256 ESPINOZA, BENNY A. V. VIRGA, WARDEN

11-10269 RODRIGUEZ, RUSSELL G. V. CATE, DIR., CA DOC

11-10302 LOGGINS, KEVIN D. V. HANNIGAN, ROBERT D., ET AL.

11-10336 FRAZIER, MAURICE V. NOOTH, SUPT., SNAKE RIVER

11-10339 WEBSTER, MONROE V. FLORIDA

11-10341 IBARRA, FELIPE N. V. HOBBS, DIR., AR DOC

11-10342 PRATER, CAREL A. V. UNITED STATES

11-10345 ) LARSEN, ROBERT D. V. UNITED STATES

)

11-10346 ) STONE, CRAIG M. V. UNITED STATES

11-10395 HODGE, SHAUN A. V. TENNESSEE

11-10445 WOODSON, WELLIE E. V. UNITED STATES

11-10447 VOGEL, DAVID A. V. UNITED STATES

11-10449 THOMPSON, BRENTON D. V. WILLIAMS, WARDEN

11-10452 LOPEZ, YUDEISY V. UNITED STATES

11-10457 COLEMAN, JOHN V. UNITED STATES

11-10458 MOORE, OPIO D. V. UNITED STATES

11-10459 MENDOZA, JUAN A. V. UNITED STATES

11-10469 RIVERA-PINON, JESUS E. V. UNITED STATES

11-10474 HARPER, ADRIAN D. V. UNITED STATES

11-10475 GARCIA, ORLANDO D. V. UNITED STATES

11-10478 STANLEY, DARNELL V. UNITED STATES

11-10482 FALLIN, BILLY J. V. UNITED STATES

11-10484 FRAZIER, WILLIAM V. UNITED STATES

11-10485 GONZALEZ-LOPEZ, MARCELO V. UNITED STATES

11-10493 CORBRAY, JUSTIN D. V. UNITED STATES

11-10496 AGUILAR-PEREZ, JUAN V. UNITED STATES

11-10498 BURGEST, EARL H. V. UNITED STATES

11-10500 CAMPOS-CABRERA, JESUS V. UNITED STATES

11-10501 CAZAREZ, RODOLFO L. V. UNITED STATES PAROLE COMMISSION

11-10508 ROBERTS, ARTEMAS T. V. UNITED STATES

11-10513 POWELL, GARY V. UNITED STATES

11-10524 LOPEZ, JESUS F. V. UNITED STATES

11-10525 JOHNSON, DENNIS H. V. UNITED STATES

11-10528 TORRES-VALENZUELA, WILFREDO V. UNITED STATES

11-10529 WHITE, TIMOTHY O. V. UNITED STATES

11-10530 MOORE, CHAUNCEY V. UNITED STATES

11-10531 PHOUMMANY, SOMPHETH V. SANDERS, WARDEN

11-10532 HUDGINS, ADRIAN M. V. UNITED STATES

11-10533 COUSINS, KIM A. V. UNITED STATES

11-10534 COLVIN, JOHN K. V. UNITED STATES

11-10537 BERGTHOLD, BRIAN J. V. UNITED STATES

The petitions for writs of certiorari are denied.

11-431 RUBIN, JENNY, ET AL. V. IRAN, ET AL.

The petition for a writ of certiorari is denied. Justice

Scalia and Justice Kagan took no part in the consideration or

decision of this petition.

11-604 EM LTD., ET AL. V. ARGENTINA, ET AL.

The petition for a writ of certiorari is denied. Justice

Sotomayor took no part in the consideration or decision of

this petition.

11-762 SEBELIUS, SEC. OF H&HS V. SOUTHERN UTE INDIAN TRIBE

The petition for a writ of certiorari is denied. Justice

Kagan took no part in the consideration or decision of this

petition.

11-999 ) FLORIDA, ET AL. V. GEORGIA, ET AL.

)

11-1006 ) ALABAMA, ET AL. V. GEORGIA, ET AL.

)

11-1007 ) SOUTHEASTERN FEDERAL POWER V. GEORGIA, ET AL.

The petitions for writs of certiorari are denied. Justice

Kagan took no part in the consideration or decision of these

petitions.

11-1034 GABAYZADEH, MEHDI 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.

11-1194 ) JAYYOUSI, KIFAH W. V. UNITED STATES

)

11-1198 ) HASSOUN, ADHAM A. V. UNITED STATES

The petitions for writs of certiorari are denied. Justice

Kagan took no part in the consideration or decision of these

petitions.

11-1259 HARTSEL, MARYLYNN, ET AL. V. VANGUARD GROUP, ET AL.

The petition for a writ of certiorari is denied. Justice

Alito took no part in the consideration or decision of this

petition.

11-9896 JONES, DONALD G. V. LIBERTY BANK & TRUST CO., ET AL.

11-9936 JONES, DONALD G. V. COMMONWEALTH LAND TITLE INS. CO.

The motions of petitioner for leave to proceed in forma

pauperis are denied, and the petitions for writs of certiorari

are dismissed. See Rule 39.8.

11-9960 PINDER, STEVEN V. ARKANSAS

The motion of petitioner to defer consideration of the

petition for a writ of certiorari is denied. The petition

for a writ of certiorari is denied.

11-10476 MOJICA, JOSHUA V. UNITED STATES

11-10477 SETTLE, KELVIN V. UNITED STATES

The petitions for writs of certiorari are denied. Justice

Kagan took no part in the consideration or decision of these

petitions.

MANDAMUS DENIED

11-9882 IN RE KEVIN ALSTON

11-10487 IN RE JERRY J. HIGDON, JR.

The petitions for writs of mandamus are denied.

11-1261 IN RE EILEEN VEY

11-9885 IN RE SHELTON R. MODELIST

The petitions for writs of mandamus and/or prohibition are

denied.

REHEARINGS DENIED

11-1013 SALESSI, KAREEM V. WACHOVIA MORTGAGE, FSB, ET AL.

11-1014 HARMAN, DORIS J., ET VIR V. DATTE, PAUL, ET AL.

11-1064 JACKSON, TIMOTHY A. V. FUJI PHOTO FILM, INC., ET AL.

11-5843 WRIGHT, JOE V. V. OLD CASTLE GLASS, ET AL.

11-8899 VIRAY, BENJARDI B. V. SMITH, WARDEN, ET AL.

11-8916 WINGO, TONJIA V. SOUTH BEND, IN

11-8983 ARAFAT, NASRA V. IBRAHIM, MOHAMED

11-9014 BOLGAR, PETER V. GLEN DONALD APARTMENTS, INC.

11-9091 IN RE HIEN A. DAO

11-9233 BEASLEY, ANTONIO J. V. UNITED STATES

11-9276 BEST, JASON V. UNITED STATES

11-9592 JONES, VAUGHNTA M. V. UNITED STATES

The petitions for rehearing are denied.

11-7468 DAVIS, HENRY V. CAIN, WARDEN

The motion for leave to file a petition for rehearing

is denied.

ATTORNEY DISCIPLINE

D-2662 IN THE MATTER OF DISBARMENT OF TRACY HICKS BARLEY

Tracy Hicks Barley, of Durham, North Carolina, having been

suspended from the practice of law in this Court by order of

April 23, 2012; 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 Tracy Hicks Barley is disbarred from the

practice of law in this Court.

D-2664 IN THE MATTER OF DISBARMENT OF DONALD L. RICHARDSON

Donald L. Richardson, of Crescent Springs, Kentucky, having

been suspended from the practice of law in this Court by order

of April 23, 2012; 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 Donald L. Richardson is disbarred from

the practice of law in this Court.

D-2666 IN THE MATTER OF DISBARMENT OF RONALD RUSS SNYDER

Ronald Russ Snyder, of Jefferson, Kentucky, having been

suspended from the practice of law in this Court by order of

April 23, 2012; 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 Ronald Russ Snyder is disbarred from the

practice of law in this Court.

D-2667 IN THE MATTER OF DISBARMENT OF ROBERT W. SHIMER

Robert W. Shimer, of Camp Hill, Pennsylvania, having been

suspended from the practice of law in this Court by order of

April 23, 2012; 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 Robert W. Shimer is disbarred from the

practice of law in this Court.

D-2668 IN THE MATTER OF DISBARMENT OF JOSEPH P. SINDACO

Joseph P. Sindaco, of Fort Lauderdale, Florida, having been

suspended from the practice of law in this Court by order of

April 23, 2012; 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 Joseph P. Sindaco is disbarred from the

practice of law in this Court.

D-2669 IN THE MATTER OF DISBARMENT OF MICHAEL DAVID SINKO

Michael David Sinko, of Cherry Hill, New Jersey, having been

suspended from the practice of law in this Court by order of

April 23, 2012; 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 Michael David Sinko is disbarred from the

practice of law in this Court.

D-2670 IN THE MATTER OF DISBARMENT OF NORMAN PAUL WEXLER

Norman Paul Wexler, of Weston, Florida, having been

suspended from the practice of law in this Court by order of

April 23, 2012; 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 Norman Paul Wexler is disbarred from the

practice of law in this Court.

D-2671 IN THE MATTER OF DISBARMENT OF VANN F. LEONARD

Vann F. Leonard, of Jackson, Mississippi, having been

suspended from the practice of law in this Court by order of

April 23, 2012; 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 Vann F. Leonard is disbarred from the

practice of law in this Court.

D-2672 IN THE MATTER OF DISBARMENT OF ROBERT L. HACKETT

Robert L. Hackett, of Atlanta, Georgia, having been

suspended from the practice of law in this Court by order of

April 23, 2012; 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 Robert L. Hackett is disbarred from the

practice of law in this Court.

D-2679 IN THE MATTER OF DISCIPLINE OF ERIN MARIE WEBER

Erin Marie Weber, of Falls Church, Virginia, is suspended

from the practice of law in this Court and a rule will issue,

returnable within 40 days, requiring her to show cause why she

should not be disbarred from the practice of law in this Court.