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Calcutt v. Federal Deposit Insurance Corp.

Docket No.22-714
Op. Below6th Cir.

Holding

After determining that the Federal Deposit Insurance Corp. had made two legal errors in adjudicating petitioner's case, the U.S. Court of Appeals for the 6th Circuit's proper course was to remand the matter back to the FDIC for further consideration; the 6th Circuit erred by conducting its own review of the record and affirming the FDIC's sanctions against petitioner based on a legal rationale different from the one adopted by the FDIC.

Judgment

Reversed and remanded on May 22, 2023.

Proceedings & orders timeline

Oct 17, 2022
Application (22A330) to extend the time to file a petition for a writ of certiorari from December 14, 2022 to January 30, 2023, submitted to Justice Kavanaugh.
Oct 21, 2022
Application (22A330) granted by Justice Kavanaugh extending the time to file until January 30, 2023.
Jan 30, 2023
Petition for a writ of certiorari filed. (Response due March 3, 2023)
Feb 17, 2023
Motion to extend the time to file a response from March 3, 2023 to April 3, 2023, submitted to The Clerk.
Feb 21, 2023
Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2023.
Feb 24, 2023
Brief amicus curiae of Americans for Prosperity Foundation filed.
Mar 1, 2023
Brief amicus curiae of Washington Legal Foundation filed.
Mar 2, 2023
Brief amicus curiae of Separation of Powers Clinic filed.
Mar 3, 2023
Brief amicus curiae of The American Association of Bank Directors filed.
Mar 3, 2023
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Mar 3, 2023
Brief amicus curiae of New Civil Liberties Alliance filed.
Apr 3, 2023
Brief for the respondent Federal Deposit Insurance Corporation filed.
Apr 19, 2023
DISTRIBUTED for Conference of 5/11/2023.
Apr 19, 2023
Reply of petitioner Harry C. Calcutt filed. (Distributed)
May 15, 2023
DISTRIBUTED for Conference of 5/18/2023.
May 22, 2023
The petition for a writ of certiorari is granted limited to the first question presented. The judgment of the Court of Appeals for the Sixth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion. Opinion per curiam. (Detached Opinion)
Jun 23, 2023
Judgment issued.

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