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.
Issues: (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 (key to color coding) |
|---|
| Dec 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. |
| Dec 07 2021 | Application (21A207) granted by Justice Sotomayor extending the time to file until January 14, 2022. |
| Jan 04 2022 | Application (21A207) to extend further the time from January 14, 2022 to February 14, 2022, submitted to Justice Sotomayor. |
| Jan 07 2022 | Application (21A207) granted by Justice Sotomayor extending the time to file until February 14, 2022. |
| Feb 14 2022 | Petition for a writ of certiorari filed. (Response due March 16, 2022) |
| Mar 29 2022 | DISTRIBUTED for Conference of 4/14/2022. |
| Apr 04 2022 | Response Requested. (Due May 4, 2022) |
| Apr 20 2022 | Motion to extend the time to file a response from May 4, 2022 to June 3, 2022, submitted to The Clerk. |
| Apr 22 2022 | Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2022. |
| May 09 2022 | Motion to extend the time to file a response from June 3, 2022 to July 1, 2022, submitted to The Clerk. |
| May 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. |
| Jun 14 2022 | Motion to extend the time to file a response from July 1, 2022 to August 1, 2022, submitted to The Clerk. |
| Jun 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. |
| Jul 26 2022 | Motion to extend the time to file a response from August 1, 2022 to September 1, 2022, submitted to The Clerk. |
| Jul 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. |
| Aug 30 2022 | Memorandum For Respondents filed. |
| Sep 14 2022 | DISTRIBUTED for Conference of 10/7/2022. |
| Oct 11 2022 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Siegel v. Fitzgerald, 596 U. S. ___ (2022). |
| Nov 14 2022 | Judgment issued. |
