No. 18-89

AmeriCulture, Inc., et al. v. Los Lobos Renewable Power, LLC, et al.

Lower Court: Tenth Circuit
Docketed: 2018-07-18
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: anti-SLAPP attorneys-fees circuit-split civil-procedure civil-rights dismissal-motion expedited-motions federal-court federal-procedure fee-shifting free-speech public-participation
Key Terms:
FirstAmendment ClassAction JusticiabilityDoctri Jurisdiction
Latest Conference: 2018-11-30 (distributed 2 times)
Question Presented (from Petition)

1. Whether a state anti-SLAPP provision requiring an award of attorneys' fees and costs to a prevailing defendant applies in federal court—as the First, Second, Fifth and Ninth Circuits have concluded, in conflict with the D.C. Circuit and the Tenth Circuit below.

2. Whether a state anti-SLAPP provision requiring expedited disposition of dismissal motions applies in federal court, as the First and Fifth Circuits have concluded, in conflict with the D.C. Circuit and the Tenth Circuit below.

Question Presented (AI Summary)

Whether state anti-SLAPP fee-shifting provisions apply in federal court

Docket Entries

2018-12-03
Petition DENIED.
2018-11-13
DISTRIBUTED for Conference of 11/30/2018.
2018-11-09
Reply of petitioners AmeriCulture, Inc., et al. filed.
2018-10-26
Brief of respondents Lightning Dock Geothermal, HI - 01, LLC in opposition filed.
2018-09-18
Motion to extend the time to file a response is granted and the time is extended to and including October 26, 2018, for all respondents.
2018-09-13
Motion to extend the time to file a response from September 26, 2018 to October 26, 2018, submitted to The Clerk.
2018-08-27
Response Requested. (Due September 26, 2018)
2018-08-22
DISTRIBUTED for Conference of 9/24/2018.
2018-08-09
Waiver of right of respondent Lightning Dock Geothermal, HI - 01, LLC to respond filed.
2018-07-16
Petition for a writ of certiorari filed. (Response due August 17, 2018)
2018-04-04
Application (17A1064) granted by Justice Sotomayor extending the time to file until July 16, 2018.
2018-03-29
Application (17A1064) to extend the time to file a petition for a writ of certiorari from June 10, 2018 to July 16, 2018, submitted to Justice Sotomayor.

Attorneys

AmeriCulture, Inc., et al.
Scott E. GantBoies Schiller Flexner LLP, Petitioner
Lightning Dock Geothermal, HI - 01, LLC
Shawn Patrick ReganHunton Andrews Kurth LLP, Respondent
Los Lobos Renewable Power, LLC
Earl E. DeBrine Jr.Suite 1000, Respondent