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Cyan Inc. v. Beaver County Employees Retirement Fund

Docket No.15-1439
Op. BelowCal. Ct. App.
ArgumentNov 28, 2017

Holding

The Securities Litigation Uniform Standards Act of 1998 did not strip state courts of jurisdiction to adjudicate class actions alleging only 1933 Securities Act violations; nor did it authorize removing such suits from state to federal court.

Judgment

Affirmed, 9-0, in an opinion by Elena Kagan on Mar 20, 2018.

Proceedings & orders timeline

May 24, 2016
Petition for a writ of certiorari filed. (Response due June 27, 2016)
Jun 17, 2016
Waiver of right of respondents Beaver County Employees Retirement Fund, et al. to respond filed.
Jun 27, 2016
Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed. (Distributed)
Jun 27, 2016
Brief amici curiae of Law Professors, Elizabeth Cosenza, et al. filed. (Distributed)
Jun 29, 2016
DISTRIBUTED for Conference of September 26, 2016.
Jul 1, 2016
Response Requested. (Due August 1, 2016)
Jul 20, 2016
Order extending time to file response to petition to and including August 24, 2016.
Aug 24, 2016
Brief of respondents Beaver County Employees Retirement Fund, et al. in opposition filed.
Sep 7, 2016
DISTRIBUTED for Conference of September 26, 2016.
Sep 8, 2016
Reply of petitioners Cyan, Inc., et al. filed. (Distributed)
Oct 3, 2016
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 23, 2017
Brief amicus curiae of United States filed.
Jun 5, 2017
Supplemental brief of petitioners Cyan, Inc., et al. filed.
Jun 6, 2017
DISTRIBUTED for Conference of June 22, 2017.
Jun 6, 2017
Supplemental brief of respondents Beaver County Employees Retirement Fund, et al. filed. (Distributed)
Jun 26, 2017
DISTRIBUTED for Conference of June 26, 2017.
Jun 27, 2017
Petition GRANTED.
Jul 26, 2017
Blanket Consent filed by Respondents Beaver County Employees Retirement Fund, et al.
Aug 3, 2017
The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 28, 2017.
Aug 3, 2017
The time to file respondents' brief on the merits is extended to and including October 13, 2017.
Aug 11, 2017
Blanket Consent filed by Petitioners Cyan, Inc., et al.
Aug 28, 2017
Brief of petitioners Cyan, Inc., et al. filed.
Aug 28, 2017
Joint appendix filed. (Statement of costs filed)
Aug 31, 2017
Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Sep 5, 2017
Brief amicus curiae of Washington Legal Foundation filed.
Sep 5, 2017
Brief amicus curiae of New York Stock Exchange LLC filed.
Sep 5, 2017
Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
Sep 5, 2017
Brief amici curiae of Alibaba Group Holding Limited, et al. filed.
Sep 5, 2017
Brief amici curiae of Business Roundtable, et al. filed.
Sep 5, 2017
Brief amici curiae of Former SEC Commissioners filed.
Sep 5, 2017
Brief amici curiae of Law Professors filed.
Oct 6, 2017
SET FOR ARGUMENT ON Tuesday, November 28, 2017.
Oct 13, 2017
Brief of respondents Beaver County Employees Retirement Fund, et al. filed.
Oct 18, 2017
Record requested from the Court of Appeal of California First Appellate District.
Oct 18, 2017
Record received from the Superior Court of California County of San Francisco. (1Box).
Oct 19, 2017
CIRCULATED
Oct 19, 2017
Brief amicus curiae of United States filed. (Distributed)
Oct 20, 2017
Brief amici curiae of Institutional Investors filed. (Distributed)
Oct 20, 2017
Brief amici curiae of Federal Jurisdiction and Securities Law Scholars filed. (Distributed)
Oct 20, 2017
Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
Oct 20, 2017
Brief amicus curiae of Los Angeles County Employees Retirement Association filed. (Distributed)
Oct 20, 2017
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 6, 2017
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. IN PART, and the time is to be divided as follows: 30 minutes for petitioners, 25 minutes for respondents, and 10 minutes for the Solicitor General.
Nov 9, 2017
Record received from the Court of Appeal of California First Appellate District Division. (1 envelope), also part of the record is electronic.
Nov 13, 2017
Reply of petitioners Cyan, Inc., et al. filed. (Distributed)
Nov 22, 2017
Supplemental brief of respondents Beaver County Employees Retirement Fund, et al. filed.(Distributed)
Nov 27, 2017
Motion of petitioners to strike the supplemental brief of respondents filed.
Nov 27, 2017
Supplemental Brief of Cyan, Inc., et al. not accepted for filing. (January 08, 2018)
Nov 28, 2017
Argued. For petitioners: Neal K. Katyal, Washington, D. C. For United States, as amicus curiae, in support of affirmance: Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Thomas C. Goldstein, Bethesda, Md.
Jan 8, 2018
Motion of petitioners to strike the supplemental brief of respondents is GRANTED.
Mar 20, 2018
Adjudged to be AFFIRMED. Kagan, J., delivered the opinion for a unanimous Court.
Apr 23, 2018
JUDGMENT ISSUED.
Apr 23, 2018
MANDATE ISSUED.
Aug 29, 2018
The record from the Court of Appeal of California First Appellate has been returned.

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