Leidos Inc. v. Indiana Public Retirement System

Case dismissed, pursuant to Rule 46, on June 18, 2018

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-581	2d Cir.	TBD	TBD	TBD	TBD	OT 2017

Issue: Whether the U.S. Court of Appeals for the 2nd Circuit erred in holding – in direct conflict with the decisions of the U.S. Courts of Appeals for the 3rd and 9th Circuits – that Item 303 of Securities and Exchange Commission Regulation S-K creates a duty to disclose that is actionable under Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5.

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Today’s orders – Two grants, one CVSG, still no Masterpiece Cakeshop (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Oct 31 2016	Petition for a writ of certiorari filed. (Response due November 30, 2016)
Nov 30 2016	Brief amici curiae of The Securities Industry and Financial Markets Association, et al. filed.
Nov 30 2016	Waiver of right of respondent Indiana Public Retirement System, et al. to respond filed.
Nov 30 2016	Brief amicus curiae of National Association of Manufacturers filed.
Dec 07 2016	DISTRIBUTED for Conference of January 6, 2017.
Dec 08 2016	Response Requested. (Due January 9, 2017)
Dec 16 2016	Order extending time to file response to petition to and including February 8, 2017.
Feb 08 2017	Brief of respondents Indiana Public Retirement System, et al. in opposition filed.
Feb 21 2017	Reply of petitioner Leidos, Inc., fka SAIC, Inc. filed.
Feb 22 2017	DISTRIBUTED for Conference of March 17, 2017.
Mar 20 2017	DISTRIBUTED for Conference of March 24, 2017.
Mar 27 2017	Petition GRANTED.
May 08 2017	The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 21, 2017.
May 08 2017	The time to file respondents' brief on the merits is extended to and including August 31, 2017.
Jun 20 2017	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Petitioner and the Respondent.
Jun 21 2017	Joint appendix filed (3 Volumes). (Statement of costs filed).
Jun 21 2017	Brief of petitioner Leidos, Inc., fka SAIC, Inc. filed.
Jun 28 2017	Brief amici curiae of The Securities Industry and Financial Markets Association, et al. filed.
Jun 28 2017	Brief amicus curiae of Retail Litigation Center, Inc. filed.
Jun 28 2017	Brief amicus curiae of The Business Roundtable filed.
Jun 28 2017	Brief amicus curiae of National Association of Manufacturers filed.
Jun 28 2017	Brief amicus curiae of The Society for Corporate Governance filed.
Jun 28 2017	Brief amicus curiae of Washington Legal Foundation filed.
Aug 31 2017	Brief of respondents IN Public Retirement, System et al. filed.
Aug 31 2017	SET FOR ARGUMENT on Monday, November 6, 2017.
Sep 07 2017	Brief amicus curiae of United States filed.
Sep 07 2017	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 07 2017	Brief amici curiae of Institutional Investors filed.
Sep 07 2017	Brief amici curiae of Professors at Law and Business Schools filed.
Sep 07 2017	CIRCULATED
Sep 12 2017	Record requested from the U.S.C.A. 2nd Circuit.
Sep 15 2017	Records received from the U.S.C.A. 2nd Circuit is electronic.
Oct 02 2017	Reply of petitioner Leidos, Inc. filed. (Distributed)
Oct 06 2017	Motion of the parties to remove the case from the argument calendar and hold in abeyance any further proceedings filed.
Oct 10 2017	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 17 2017	The joint motion to remove the case from the argument calendar and hold in abeyance any further proceedings GRANTED.
Oct 17 2017	This case is removed from the argument calendar for Monday, November 6, 2017.
Jun 18 2018	Stipulation to dismiss the writ of certiorari pursuant to Rule 46.1 filed.
Jun 18 2018	Case Dismissed - Rule 46.

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
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On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
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6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
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On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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Cases argued	43
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Editor's Note :

Leidos Inc. v. Indiana Public Retirement System

SCOTUSblog Coverage

Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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