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Gelboim v. Bank of America Corporation

Docket No.13-1174
Op. Below2d Cir.
ArgumentDec 9, 2014

Holding

When a district court dismisses the only claim in a case that has been consolidated with other actions for pretrial proceedings in multidistrict litigation, the district court"s order is a final and appealable order, even if claims remained in other actions included in the MDL.

Judgment

Reversed and remanded, 9-0, in an opinion by Ruth Bader Ginsburg on Jan 21, 2015.

Proceedings & orders timeline

Mar 6, 2014
Application (13A913) to extend the time to file a petition for a writ of certiorari from March 16, 2014 to April 15, 2014, submitted to Justice Ginsburg.
Mar 7, 2014
Application (13A913) granted by Justice Ginsburg extending the time to file until April 15, 2014.
Mar 26, 2014
Petition for a writ of certiorari filed. (Response due April 25, 2014)
Apr 17, 2014
Order extending time to file response to petition to and including May 27, 2014, for all respondents.
Apr 25, 2014
Brief amici curiae of Mayor and City Council of Baltimore, et al. filed.
May 27, 2014
Brief of respondents Bank of America Corporation, et al. in opposition filed.
Jun 3, 2014
DISTRIBUTED for Conference of June 19, 2014.
Jun 3, 2014
Reply of petitioners Ellen Gelboim, et al. filed. (Distributed)
Jun 23, 2014
DISTRIBUTED for Conference of June 26, 2014.
Jun 24, 2014
Letter of June 24, 2014, from counsel for petitioner received. (Distributed)
Jun 30, 2014
Petition GRANTED.
Jul 8, 2014
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jul 18, 2014
The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 29, 2014.
Jul 18, 2014
The time to file respondents' brief on the merits is extended to and including October 15, 2014.
Aug 4, 2014
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Aug 29, 2014
Joint appendix filed. (Statement of costs filed.)
Aug 29, 2014
Brief of petitioner Ellen Gelboim, et al. filed.
Sep 4, 2014
SET FOR ARGUMENT on Tuesday, December 9, 2014.
Sep 5, 2014
Brief amici curiae of Mayor and City Council of Baltimore, et al. filed.
Sep 22, 2014
Record requested from U.S.C.A. 2nd Circuit.
Sep 23, 2014
Record received from U.S.D.C. Western District of North Carolina. The record is electronic.
Sep 24, 2014
Record received from U.S.C.A. 2nd Circuit is electronic.
Oct 15, 2014
Brief of respondents Bank of America Corporation, et al. filed.
Oct 22, 2014
Brief amicus curiae of The Chamber of Commerce of The United States of America filed.
Oct 22, 2014
Brief amici curiae of Retired United States District Judges filed. (Distributed)
Oct 27, 2014
CIRCULATED.
Nov 14, 2014
Reply of petitioners Ellen Gelboim, et al. filed. (Distributed)
Dec 9, 2014
Argued. For petitioners: Thomas C. Goldstein, Bethesda, Md. For respondents: Seth P. Waxman, Washington, D. C.
Jan 21, 2015
Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court.
Feb 23, 2015
JUDGMENT ISSUED.

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