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Pivotal Software, Inc. v. Superior Court of CA

Removed from the November argument calendar as the parties have reached an agreement in principle to settle the case.
Docket No. Op. Below Argument Opinion Vote Author Term
20-1541 Cal. Super. Ct. TBD TBD TBD TBD OT 2021

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this case.

Issue: Whether the Private Securities Litigation Reform Act’s discovery-stay provision applies to a private action under the Securities Act of 1933 in state or federal court, or solely to a private action in federal court.

DateProceedings and Orders (key to color coding)
May 03 2021Petition for a writ of certiorari filed. (Response due June 4, 2021)
May 03 2021Application (20A164) for a stay pending the disposition of the petition for a writ of certiorari, submitted to Justice Kagan.
May 06 2021Response to application (20A164) requested by Justice Kagan, due Wednesday, May 12, by 4 p.m. ET.
May 07 2021Waiver of right of respondents Zhung Tran, et al. to respond filed.
May 07 2021Brief amici curiae of The Chamber of Commerce of the United States of America; and the Securities Industry and Financial Markets Association filed. (Distributed)
May 11 2021DISTRIBUTED for Conference of 5/27/2021.
May 11 2021Response Requested. (Due June 4, 2021)
May 12 2021Response to application from respondents Zhung Tran, et al. filed.
May 13 2021Letter of applicants received.
May 13 2021Application (20A164) withdrawn.
Jun 02 2021Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
Jun 04 2021Brief of respondents Zhung Tran, et al. in opposition filed. (Distributed)
Jun 07 2021Reply of petitioner Pivotal Software, Inc., et al. filed. (Distributed)
Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021Petition GRANTED.
Jul 15 2021Motion to dispense with printing the joint appendix filed by petitioners Pivotal Software, Inc., et al.
Aug 16 2021ARGUMENT SET FOR Tuesday, November 9, 2021.
Aug 16 2021Brief of petitioners Pivotal Software, Inc., et al. filed.
Aug 18 2021Blanket Consent filed by Respondents, Zhung Tran, et al.
Aug 23 2021Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Aug 23 2021Brief amicus curiae of Securities Industry and Financial Markets Association filed.
Aug 23 2021Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Aug 23 2021Brief amicus curiae of Society for Corporate Governance filed.
Aug 23 2021Brief amicus curiae of Washington Legal Foundation filed.
Aug 27 2021Joint motion to hold further briefing in abeyance and remove the case from the November 2021 argument calendar filed.
Sep 01 2021Record requested from the Court of Appeals of California First Appellate District..
Sep 02 2021The case is removed from the argument calendar for Tuesday, November 9, 2021, and the briefing schedule is held in abeyance. The parties are directed to provide further updates to the Court concerning settlement proceedings.
Sep 02 2021REMOVED from the November 2021 ARGUMENT CALENDAR.