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China Agritech Inc. v. Resh

Docket No.17-432
Op. Below9th Cir.
ArgumentMar 26, 2018

Holding

Upon denial of class certification, a putative class member may not, in lieu of promptly joining an existing suit or promptly filing an individual action, commence a class action anew beyond the time allowed by the applicable statute of limitations.

Judgment

Reversed and remanded, 9-0, in an opinion by Ruth Bader Ginsburg on Jun 11, 2018. Justice Sotomayor filed an opinion concurring in the judgment.

Proceedings & orders timeline

Sep 21, 2017
Petition for a writ of certiorari filed. (Response due October 23, 2017)
Oct 12, 2017
Waiver of right of respondent Charles Law to respond filed.
Oct 23, 2017
Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al.
Oct 23, 2017
Brief of respondents William Schoenke, Heroca Holding, B.V. and Ninella Beheer, B.V. in opposition filed.
Nov 7, 2017
Reply of petitioner China Agritech, Inc. filed.
Nov 8, 2017
DISTRIBUTED for Conference of 12/1/2017.
Dec 4, 2017
DISTRIBUTED for Conference of 12/8/2017.
Dec 8, 2017
Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. GRANTED.
Dec 8, 2017
Petition GRANTED.
Jan 17, 2018
Blanket Consent filed by Petitioner, China Agritech, Inc..
Jan 22, 2018
Brief of petitioner China Agritech, Inc. filed.
Jan 22, 2018
Joint appendix filed. (Statement of costs filed)
Jan 24, 2018
SET FOR ARGUMENT ON Monday, March 26, 2018
Jan 24, 2018
Blanket Consent filed by Respondents, William Schoenke, Heroca Holding, B.V. and Ninella Beheer, B.V..
Jan 26, 2018
Brief amicus curiae of DRI--The Voice of the Defense Bar filed.
Jan 29, 2018
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jan 29, 2018
Brief amici curiae of Securities Industry and Financial Markets Association filed.
Jan 29, 2018
Brief amicus curiae of Washington Legal Foundation filed.
Feb 7, 2018
CIRCULATED
Feb 21, 2018
Record requested from the U.S.C.A. 9th Circuit.
Feb 21, 2018
Brief of respondents William Schoenke, Heroca Holding, B.V. and Ninella Beheer, B.V. filed. (Distributed)
Feb 21, 2018
Supplemental joint appendix filed. (Statement of costs filed) (Distributed)
Feb 27, 2018
Brief amici curiae of Plaintiffs in Post-Dukes Successor Class Actions filed. (Distributed)
Feb 28, 2018
Brief amici curiae of Law Professors filed. (Distributed)
Feb 28, 2018
Brief amici curiae of Retired Federal Judges filed. (Distributed)
Feb 28, 2018
Brief amicus curiae of National Conference on Public Employee Retirement Systems filed. (Distributed)
Feb 28, 2018
Brief amici curiae of AARP and AARP Foundation filed. (Distributed)
Feb 28, 2018
Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
Feb 28, 2018
Brief amici curiae of American Association for Justice, et al. filed. (Distributed)
Mar 16, 2018
Reply of petitioner China Agritech, Inc. filed. (Distributed)
Mar 26, 2018
Argued. For petitioner: Seth A. Aronson, Los Angeles, Cal. For respondents: David C. Frederick, Washington, D. C.
Jun 11, 2018
Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Breyer, Alito, Kagan, and Gorsuch, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment.
Jul 13, 2018
JUDGMENT ISSUED.

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