|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.
|Date||Proceedings and Orders |
|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.|
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
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I really enjoyed getting to chat with the incomparable @AHoweBlogger about (1) why #SCOTUS's "shadow docket" *is* a big deal; (2) why it's so hard to figure out how to include it in broader assessments of the Justices' work; and (3) some possible ways to include it going forward. https://twitter.com/SCOTUSblog/status/1417545384314949635
How do you solve a problem like the shadow docket? @steve_vladeck has some thoughts and shared them with @AHoweBlogger in the latest SCOTUStalk.
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