Harrington v. Clinton Nurseries, Inc.
Petition for a writ of certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 2nd Circuit for further consideration in light of Siegel v. Fitzgerald.
Issue: (1) Whether Section 1004(a) of the Bankruptcy Judgeship Act of 2017, which amended the schedule of quarterly fees payable to the United States Trustee in certain pending bankruptcy cases, contravened Congress"s constitutional authority to "establish ... uniform Laws on the subject of Bankruptcies" because it was initially applied only in the 88 federal judicial districts that have United States Trustees but not in the 6 districts that have Bankruptcy Administrators; and (2) whether, if Section 1004(a) is found unconstitutional, the appropriate remedy is to require the United States Trustee to refund a portion of the quarterly fees paid by respondents in a United States Trustee district.
| Date | Proceedings and Orders |
|---|---|
| 12/03/2021 | Application (21A207) to extend the time to file a petition for a writ of certiorari from December 16, 2021 to January 14, 2022, submitted to Justice Sotomayor. |
| 12/07/2021 | Application (21A207) granted by Justice Sotomayor extending the time to file until January 14, 2022. |
| 01/04/2022 | Application (21A207) to extend further the time from January 14, 2022 to February 14, 2022, submitted to Justice Sotomayor. |
| 01/07/2022 | Application (21A207) granted by Justice Sotomayor extending the time to file until February 14, 2022. |
| 02/14/2022 | Petition for a writ of certiorari filed. (Response due March 16, 2022) |
| 03/29/2022 | DISTRIBUTED for Conference of 4/14/2022. |
| 04/04/2022 | Response Requested. (Due May 4, 2022) |
| 04/20/2022 | Motion to extend the time to file a response from May 4, 2022 to June 3, 2022, submitted to The Clerk. |
| 04/22/2022 | Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2022. |
| 05/09/2022 | Motion to extend the time to file a response from June 3, 2022 to July 1, 2022, submitted to The Clerk. |
| 05/11/2022 | Motion to extend the time to file a response is granted and the time is further extended to and including July 1, 2022, for all respondents. |
| 06/14/2022 | Motion to extend the time to file a response from July 1, 2022 to August 1, 2022, submitted to The Clerk. |
| 06/17/2022 | Motion to extend the time to file a response is granted and the time is further extended to and including August 1, 2022, for all respondents. |
| 07/26/2022 | Motion to extend the time to file a response from August 1, 2022 to September 1, 2022, submitted to The Clerk. |
| 07/29/2022 | Motion to extend the time to file a response is granted and the time is further extended to and including September 1, 2022, for all respondents. |
| 08/30/2022 | Memorandum For Respondents filed. |
| 09/14/2022 | DISTRIBUTED for Conference of 10/7/2022. |
| 10/11/2022 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Siegel v. Fitzgerald, 596 U. S. ___ (2022). |
| 11/14/2022 | Judgment issued. |