Nutraceutical Corp. v. Lambert
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-1094 | 9th Cir. | Nov 27, 2018 | Feb 26, 2019 | 9-0 | Sotomayor | OT 2018 |
Holding: Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Sotomayor on February 26, 2019.
SCOTUSblog Coverage
- Opinion analysis: Unanimous court rejects equitable tolling for interlocutory appeals of class-certification denials (Howard M. Wasserman, February 26, 2019)
- Argument analysis: Laughing and tolling the time to appeal class certification orders (Howard M. Wasserman, November 28, 2018)
- Argument preview: Equitable tolling and appeals of class certification (Howard M. Wasserman, November 20, 2018)
- OT2018 #8: "Animal Magnetism" (First Mondays, November 19, 2018)
- Court sends battles over services for same-sex couples, North Carolina gerrymandering back to lower courts (Updated) (Amy Howe, June 25, 2018)
| Date | Proceedings and Orders |
|---|---|
| Feb 01 2018 | Petition for a writ of certiorari filed. (Response due March 7, 2018) |
| Feb 15 2018 | Waiver of right of respondent Troy Lambert to respond filed. |
| Feb 28 2018 | DISTRIBUTED for Conference of 3/16/2018. |
| Mar 07 2018 | Response Requested. (Due April 6, 2018) |
| Mar 14 2018 | Motion to extend the time to file a response from April 6, 2018 to June 1, 2018, submitted to The Clerk. |
| Mar 27 2018 | Motion to extend the time to file a response is granted in part and the time is extended to and including May 14, 2018. |
| May 14 2018 | Brief of respondent Troy Lambert in opposition filed. |
| May 23 2018 | Reply of petitioner Nutraceutical Corporation filed. |
| May 29 2018 | DISTRIBUTED for Conference of 6/14/2018. |
| Jun 18 2018 | DISTRIBUTED for Conference of 6/21/2018. |
| Jun 25 2018 | Petition GRANTED. |
| Jul 16 2018 | Joint motion for an extension of time not accepted for filing. (July 23, 2018 - Corrected motion to be submitted.) |
| Jul 24 2018 | Joint motion for an extension of time to file the opening briefs on the merits filed. |
| Jul 30 2018 | Joint motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 20, 2018. The time to file respondent's brief on the merits is extended to and including October 1, 2018. |
| Aug 20 2018 | Joint appendix filed. (Statement of costs filed) |
| Aug 20 2018 | Brief of petitioner Nutraceutical Corporation filed. |
| Oct 01 2018 | Brief of respondent Troy Lambert filed. |
| Oct 09 2018 | SET FOR ARGUMENT ON Tuesday, November 27, 2018 |
| Oct 15 2018 | Record requested from U.S.C.A. 9th Circuit. |
| Oct 18 2018 | Record received from the U.S.D.C. Central District of California (Western Division - Los Angeles) is electronic and located on PACER, also received are Restricted material that's electronic. |
| Oct 18 2018 | Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER, also received are Restricted materials (1 Envelope). |
| Oct 19 2018 | CIRCULATED |
| Oct 31 2018 | Reply of petitioner Nutraceutical Corporation filed. (Distributed) |
| Nov 27 2018 | Argued. For petitioner: John Hueston, Los Angeles, Cal. For respondent: Jonathan A. Herstoff, New York, N. Y. |
| Feb 26 2019 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. |
| Apr 01 2019 | JUDGMENT ISSUED. |
