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Flagstar Bank v. Kivett

Petition granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 9th Circuit for further consideration in light of Cantero v. Bank of America.

Docket No.22-349
Op. Below9th Cir.

Issue

Whether the National Bank Act preempts state laws that, like California Civil Code " 2954.8(a), attempt to set the terms on which federally chartered banks may offer mortgage escrow accounts authorized by federal law. CVSG: 8/30/2023

Proceedings & orders timeline

Oct 11, 2022
Petition for a writ of certiorari filed. (Response due November 14, 2022)
Oct 19, 2022
Waiver of right of respondent William Kivett, et al. to respond filed.
Oct 25, 2022
DISTRIBUTED for Conference of 11/10/2022.
Oct 27, 2022
Response Requested. (Due November 28, 2022)
Nov 9, 2022
Motion to extend the time to file a response from November 28, 2022 to December 13, 2022, submitted to The Clerk.
Nov 10, 2022
Response to motion to extend the time to file a response from petitioner filed.
Nov 10, 2022
Motion to extend the time to file a response is granted and the time is extended to and including December 13, 2022.
Nov 23, 2022
Brief amici curiae of Bank Policy Institute, et al. filed.
Dec 1, 2022
Motion to further extend the time to file a response from December 13, 2022 to December 28, 2022, submitted to The Clerk.
Dec 2, 2022
Response to motion to further extend the time to file a response from petitioner filed.
Dec 2, 2022
Motion to further extend the time to file a response denied.
Dec 8, 2022
Letter from counsel for petitioner regarding amendment to corporate disclosure statement filed.
Dec 13, 2022
Brief of respondents William Kivett, et al. in opposition filed.
Dec 16, 2022
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Dec 20, 2022
Reply of petitioner Flagstar Bank, N.A. filed. (Distributed)
Dec 21, 2022
DISTRIBUTED for Conference of 1/6/2023.
Jan 3, 2023
Rescheduled.
Jan 11, 2023
DISTRIBUTED for Conference of 2/17/2023.
Jan 17, 2023
Rescheduled.
Mar 8, 2023
DISTRIBUTED for Conference of 3/24/2023.
Mar 13, 2023
Supplemental brief of petitioner Flagstar Bank, N.A. filed. (Distributed)
Mar 27, 2023
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Aug 30, 2023
Brief amicus curiae of United States filed. VIDED.
Sep 13, 2023
DISTRIBUTED for Conference of 10/6/2023.
Sep 13, 2023
Supplemental brief of petitioner Flagstar Bank, N.A. filed. (Distributed)
Oct 10, 2023
DISTRIBUTED for Conference of 10/13/2023.
Jun 3, 2024
DISTRIBUTED for Conference of 6/6/2024.
Jun 10, 2024
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Cantero v. Bank of America, N.A., 602 U. S. ___ (2024).
Jul 12, 2024
Judgment Issued.

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