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Rodriguez v. Federal Deposit Insurance Corp.

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Docket No. Op. Below Argument Opinion Vote Author Term
18-1269 10th Cir. Dec 3, 2019 Feb 25, 2020 9-0 Gorsuch OT 2019

Holding: The rule of In re Bob Richards Chrysler-Plymouth Corp., which specifies how federal tax refund proceeds should be allocated among members of an affiliated group of corporations that file a consolidated return, is not a legitimate exercise of federal common lawmaking.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Gorsuch on February 25, 2020.

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DateProceedings and Orders (key to color coding)
Apr 01 2019Petition for a writ of certiorari filed. (Response due May 3, 2019)
Apr 26 2019Motion to extend the time to file a response from May 3, 2019 to June 6, 2019, submitted to The Clerk.
Apr 26 2019Motion to extend the time to file a response is granted and the time is extended to and including June 6, 2019.
Apr 26 2019Response of Simon E. Rodriguez, as Chapter 7 Trustee for the Bankruptcy Estate of United Western Bancorp, Inc. to motion not accepted for filing. (May 13, 2019 - paper version not received)
May 03 2019Brief amicus curiae of American College of Tax Counsel filed.
May 29 2019Letter from counsel for petitioner waiving the 14-day waiting period under Rule 15.5 filed.
Jun 03 2019Brief of respondent Federal Deposit Insurance Corporation, as Receiver for United Western Bank in opposition filed.
Jun 04 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 06 2019Reply of petitioner Simon E. Rodriguez, as Chapter 7 Trustee for the Bankruptcy Estate of United Western Bancorp, Inc. filed. (Distributed)
Jun 26 2019DISTRIBUTED for Conference of 6/27/2019.
Jun 28 2019Petition GRANTED.
Jul 09 2019Joint motion for an extension of time to file the briefs on the merits filed.
Jul 16 2019Joint motion for an extension of time to file the 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 30, 2019. The time to file respondent's brief on the merits is extended to and including October 17, 2019.
Aug 30 2019Joint appendix filed. (Statement of costs filed)
Aug 30 2019Brief of petitioner Simon E. Rodriguez, as Chapter 7 Trustee for the Bankruptcy Estate of United Western Bancorp, Inc. filed.
Sep 13 2019SET FOR ARGUMENT on Tuesday, December 3, 2019.
Oct 17 2019Brief of respondent Federal Deposit Insurance Corporation, as Receiver for United Western Bank filed.
Oct 23 2019Record requested from the U.S.C.A. 10th Circuit...
Oct 25 2019CIRCULATED
Nov 14 2019Reply of petitioner Simon E. Rodriguez, as Chapter 7 Trustee for the Bankruptcy Estate of United Western Bancorp, Inc. filed. (Distributed)
Dec 03 2019Argued. For petitioner: Mitchell P. Reich, Washington, D. C. For respondent: Michael Huston, Assistant to the Solicitor General, Washington, D. C.
Feb 25 2020Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion for a unanimous Court.
Mar 30 2020JUDGMENT ISSUED.