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U.S. Bank National Association v. Windstream Holdings, Inc.

Petition for certiorari denied on October 2, 2023
Docket No. Op. Below Argument Opinion Vote Author Term
22-926 2nd Cir. N/A N/A N/A N/A OT 2023

Issues: (1) Whether the lack of statutory and constitutional basis for the equitable mootness doctrine, combined with its demonstrated potential for abuse, requires it to be abolished; and (2) whether the U.S. Court of Appeals for the 2nd Circuit’s rule that an appeal from a substantially consummated bankruptcy plan is automatically equitably moot if the appellant did not pursue a stay, regardless of a stay’s availability or any other equitable factors, undermines any prudential purpose for the doctrine.

DateProceedings and Orders (key to color coding)
Mar 15 2023Petition for a writ of certiorari filed. (Response due April 24, 2023)
Mar 31 2023Motion to extend the time to file a response from April 24, 2023 to May 24, 2023, submitted to The Clerk.
Apr 04 2023Motion to extend the time to file a response is granted and the time is extended to and including May 24, 2023, for all respondents.
Apr 18 2023Brief amici curiae of A Group of Bankruptcy Law Professors filed.
May 24 2023Brief of respondent Elliott Investment Management L.P. in opposition filed.
May 24 2023Brief of respondent Windstream Holdings, Inc. in opposition filed.
Jun 09 2023Reply of petitioner U.S. Bank National Association filed.
Jun 14 2023DISTRIBUTED for Conference of 9/26/2023.
Oct 02 2023Petition DENIED.