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Delaware v. Pennsylvania and Wisconsin

Docket No.22O145
ArgumentOct 3, 2022

Holding

Recommendations in the Special Master"s First Interim Report concluding that the escheatment of certain financial instruments relevant to this case should follow the Federal Disposition Act are adopted to the extent they are consistent with the court"s opinion, and Delaware"s objections are overruled.

Judgment

Remanded, 9-0, in an opinion by Ketanji Brown Jackson on Feb 28, 2023. Justice Jackson delivered the opinion for a unanimous court with respect to Parts I, II, III, and IV"A, and the opinion of the court with respect to Part IV"B, in which Chief Justice Roberts and Justices Sotomayor, Kagan, and Kavanaugh joined.

Proceedings & orders timeline

May 25, 2016
Documents filed with the Special Master may be found on the Special Master's website at http://ww2.ca2.uscourts.gov/specialmaster/special_145.html
May 26, 2016
Motion for leave to file a bill of complaint filed.
Jun 3, 2016
Brief and Motion for Leave to file Counterclaim filed by Wisconsin.
Jun 14, 2016
Brief in response of defendant Pennsylvania filed.
Jun 21, 2016
Letter from State of Wisconsin received.
Jun 23, 2016
Reply of petitioner Delaware, Plaintiff filed.
Jul 6, 2016
Brief amicus curiae of Moneygram Payment Systems, Inc. filed.
Aug 1, 2016
Brief amicus curiae of Unclaimed Property Professionals Organization filed.
Aug 24, 2016
DISTRIBUTED for Conference of September 26, 2016.
Oct 3, 2016
The Motion for leave to file a Bill of Complaint and the Motion for leave to file a Counterclaim are granted. This case is consolidated with Original 146 and the parties are allowed thirty days within which to file answers to the Bills of Complaint and the Counterclaims.
Oct 10, 2016
Motion For leave to amend Bill of Compliant filed by Arkansas, et al.,. (NOT PRINTED) (VIDED)
Oct 28, 2016
Pennsylvania's Answer and Counterclaims to Delaware's Bill of Complaint filed. (VIDED)
Oct 31, 2016
Answer of the State of Wisconsin to the Bill of Complaint filed.(VIDED)
Nov 1, 2016
Answer to Wisconsin's Counterclaim filed by Delaware (VIDED)
Nov 1, 2016
Answer to Counterclaim filed by Arkansas, et al., Plaintiffs. (VIDED)
Nov 1, 2016
Answer to Arkansas, et al.'s Bill of Complaint filed by Delaware filed. (VIDED)
Nov 7, 2016
DISTRIBUTED for Conference of November 22, 2016.
Nov 11, 2016
Motion for leave to file bill of third party complaint filed by defendant Pennsylvania. (VIDED).
Nov 18, 2016
Answer to Pennsylvania's Counterclaim filed by Delaware.(VIDED)
Nov 28, 2016
The motion of Arkansas, et al., for leave to amend the Bill of Complaint is granted.
Dec 6, 2016
It has been suggested that the parties are in agreement on the facts relevant to a decision in this action. If this is the case, the parties are invited to file a stipulation of facts in this Court on or before 60 days from the date of this order. If such a stipulation is filed, the Court will set a schedule for briefing the legal issues. If such a stipulation is not timely filed, a Special Master will be appointed to conduct any necessary discovery and to make proposed findings of fact, and the case will proceed in the usual manner.
Dec 28, 2016
Brief of MoneyGram Payment Systems, Inc. in opposition to Motion for Leave to File Bill of Third Party Complaint filed. VIDED.
Jan 9, 2017
Motion for leave to amend Bill of Complaint filed by Delaware, Plaintiff. (VIDED)
Jan 9, 2017
Motion for leave to amend Countercliam filed by defendant Delaware, (VIDED)
Jan 11, 2017
Reply of respondent Pennsylvania in further support of motion for leave to file Bill of Third Party Complaint filed. VIDED.
Jan 18, 2017
Response to Delaware's Motion for Leave to Amend Bill of Complaint from Defendant Pennsylvania filed.(VIDED)
Jan 24, 2017
Response in opposition to Delaware's motion for leave to amend bill of complaint from Wisconsin filed.(VIDED)
Jan 26, 2017
Response in opposition to Delaware's motion for leave to amend counterclaim from Arkansas, et al., filed.(VIDED)
Feb 1, 2017
Letter from the Parties in Response to Court's order of December 6, 2016.(VIDED)
Feb 3, 2017
Reply Brief in support of Motions for leave to amend Bill of Complaint and Counterclaim filed by Delaware, (VIDED)
Feb 15, 2017
DISTRIBUTED for Conference of March 3, 2017.
Mar 29, 2017
It is ordered that the Honorable Pierre N. Leval, of New York, New York, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The cost of printing his Reports, and all other proper expenses, including travel expenses, shall be submitted to the Court.
Mar 31, 2017
Oath of Special Master filed
Jul 27, 2021
First Interim Report of the Special Master received (also as to No. 145, Orig.)
Jul 27, 2021
Because the Court has consolidated this case with No. 146, Original, future filings and activity in the cases will now be reflected on the docket of No. 145, Original. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 145. Each document submitted in connection with one or both of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in only one of the cases, the docket entry will reflect the case number in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Oct 4, 2021
The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days. VIDED.
Nov 18, 2021
Exceptions to Report of the Special Master and 2 volumes of appendix filed by Delaware. VIDED.
Nov 18, 2021
Motion for leave to file Volume III of appendix under seal filed by Delaware.
Nov 24, 2021
Brief amicus curiae of American Bankers Association filed. VIDED.
Dec 20, 2021
Reply to Delaware's exceptions to Report of Special Master filed by Arkansas, et al. VIDED.
Dec 20, 2021
Motion for leave to file Volume III of appendix under seal filed by Arkansas, et al.
Dec 27, 2021
Brief amicus curiae of Unclaimed Property Professionals Organization filed. VIDED.
Jan 19, 2022
Sur-reply in support of exceptions to the Report of the Special Master filed by Delaware. VIDED.
Jan 26, 2022
DISTRIBUTED for Conference of 2/18/2022..
Feb 22, 2022
Motion of Delaware for leave to file Volume III of its appendix under seal GRANTED. VIDED.
Feb 22, 2022
Motion of Arkansas, et al. for leave to file Volume III of their appendix under seal GRANTED. VIDED.
Feb 22, 2022
The Exceptions to the Special Master Report are set for oral argument in due course. VIDED.
Jun 14, 2022
ARGUMENT SET FOR Monday, October, 3, 2022. VIDED.
Jul 21, 2022
CIRCULATED
Oct 3, 2022
Argued. For Delaware: Neal K. Katyal, Washington, D. C. For Arkansas, et al.: Nicholas J. Bronni, Solicitor General, Little Rock, Ark. VIDED.
Dec 13, 2022
Second Interim Report of the Special Master received.
Dec 20, 2022
The Second Interim Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed by January 10, 2023. Replies, if any, with supporting briefs, may be filed by January 20, 2023. VIDED.
Jan 10, 2023
Brief amicus curiae of American Bankers Association supporting neither party filed. VIDED. (Distributed)
Jan 10, 2023
Exceptions to the Second Interim Report of the Special Master filed by Arkansas, et al. VIDED. (Distributed)
Jan 10, 2023
Exceptions to the Second Interim Report of the Special Master filed by Delaware. VIDED. (Distributed)
Jan 20, 2023
Reply to exceptions to Second Interim Report of the Special Master filed by Arkansas, et al. VIDED. (Distributed)
Jan 20, 2023
Reply to exceptions to Second Interim Report of the Special Master filed by Delaware. VIDED. (Distributed)
Feb 28, 2023
Exceptions to Special Master’s First Interim Report overruled; First Interim Report and order adopted to the extent consistent with this opinion; and cases remanded. Jackson, J., delivered the opinion for a unanimous Court with respect to Parts I, II, III, and IV–A, and the opinion of the Court with respect to Part IV–B, in which Roberts, C. J., and Sotomayor, Kagan, and Kavanaugh, JJ., joined. VIDED.
Nov 22, 2024
Joint stipulation to dismiss the petition pursuant to Rule 46.1 filed.
Dec 2, 2024
Petition Dismissed - Rule 46.
Dec 2, 2024
The Honorable Pierre N. Leval, of New York, New York, the Special Master in this case, is hereby discharged with the thanks of the Court.

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