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Wellness International Network, Limited v. Sharif

Docket No. Op. Below Argument Opinion Vote Author Term
13-935 7th Cir. Jan 14, 2015
TBD TBD TBD OT 2014

Issue: (1) Whether the presence of a subsidiary state property law issue in a 11 U.S.C. § 541 action brought against a debtor to determine whether property in the debtor’s possession is property of the bankruptcy estate means that such action does not “stem[] from the bankruptcy itself” and therefore, that a bankruptcy court does not have the constitutional authority to enter a final order deciding that action; and (2) whether Article III permits the exercise of the judicial power of the United States by the bankruptcy courts on the basis of litigant consent, and if so, whether implied consent based on a litigant’s conduct is sufficient to satisfy Article III.

DateProceedings and Orders
Dec 20 2013Application (13A648) to extend the time to file a petition for a writ of certiorari from January 5, 2014 to February 5, 2014, submitted to Justice Kagan.
Dec 20 2013Application (13A648) granted by Justice Kagan extending the time to file until February 5, 2014.
Feb 5 2014Petition for a writ of certiorari filed. (Response due March 7, 2014)
Mar 7 2014Brief of respondent Richard Sharif in opposition filed.
Mar 21 2014Reply of petitioners Wellness International Network, Limited, et al. filed.
Mar 26 2014DISTRIBUTED for Conference of April 18, 2014.
Jun 9 2014DISTRIBUTED for Conference of June 12, 2014.
Jun 16 2014DISTRIBUTED for Conference of June 19, 2014.
Jun 23 2014DISTRIBUTED for Conference of June 26, 2014.
Jun 30 2014DISTRIBUTED for Conference of June 30, 2014.
Jul 1 2014Petition GRANTED limited to Questions 1 and 3 presented by the petition.
Jul 14 2014The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 9, 2014.
Jul 14 2014The time to file respondent's brief on the merits is extended to and including November 19, 2014.
Sep 9 2014Joint appendix filed. (Statement of costs filed.)
Sep 9 2014Brief of petitioners Wellness International Network, Limited, et al. filed.
Sep 9 2014Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the respondent.
Sep 11 2014Brief amicus curiae of the United States filed.
Sep 16 2014Brief amicus curiae of American College of Bankruptcy filed.
Sep 16 2014Brief amicus curiae of Business Law Section of the Florida Bar in support of neither party filed.
Sep 16 2014Brief amicus curiae of National Association of Bankruptcy Trustees filed.
Sep 16 2014Brief amicus curiae of G. Eric Brunstad, Jr. filed.
Sep 16 2014Brief amicus curiae of American Bar Association filed.
Nov 7 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 19 2014Brief of respondent Richard Sharif filed.
Nov 19 2014Supplemental appendix of respondent filed.
Nov 21 2014SET FOR ARGUMENT ON Wednesday, January 14, 2015.
Nov 26 2014Brief amici curiae of Certain TOUSA Defendants filed.
Dec 2 2014CIRCULATED.
Dec 2 2014Record requested from U.S.C.A. 7th Circuit.
Dec 8 2014Record received from U.S.C.A. is electronic and located on PACER.
Dec 8 2014Record received from U.S.D.C. Northern District of Illinois, Eastern Division is electronic and located on PACER.
Dec 15 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
 
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