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Nutraceutical Corp. v. Lambert

Docket No.17-1094
Op. Below9th Cir.
ArgumentNov 27, 2018

Holding

Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling.

Judgment

Reversed and remanded, 9-0, in an opinion by Sonia Sotomayor on Feb 26, 2019.

Proceedings & orders timeline

Feb 1, 2018
Petition for a writ of certiorari filed. (Response due March 7, 2018)
Feb 15, 2018
Waiver of right of respondent Troy Lambert to respond filed.
Feb 28, 2018
DISTRIBUTED for Conference of 3/16/2018.
Mar 7, 2018
Response Requested. (Due April 6, 2018)
Mar 14, 2018
Motion to extend the time to file a response from April 6, 2018 to June 1, 2018, submitted to The Clerk.
Mar 27, 2018
Motion to extend the time to file a response is granted in part and the time is extended to and including May 14, 2018.
May 14, 2018
Brief of respondent Troy Lambert in opposition filed.
May 23, 2018
Reply of petitioner Nutraceutical Corporation filed.
May 29, 2018
DISTRIBUTED for Conference of 6/14/2018.
Jun 18, 2018
DISTRIBUTED for Conference of 6/21/2018.
Jun 25, 2018
Petition GRANTED.
Jul 16, 2018
Joint motion for an extension of time not accepted for filing. (July 23, 2018 - Corrected motion to be submitted.)
Jul 24, 2018
Joint motion for an extension of time to file the opening briefs on the merits filed.
Jul 30, 2018
Joint motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 20, 2018. The time to file respondent's brief on the merits is extended to and including October 1, 2018.
Aug 20, 2018
Joint appendix filed. (Statement of costs filed)
Aug 20, 2018
Brief of petitioner Nutraceutical Corporation filed.
Oct 1, 2018
Brief of respondent Troy Lambert filed.
Oct 9, 2018
SET FOR ARGUMENT ON Tuesday, November 27, 2018
Oct 15, 2018
Record requested from U.S.C.A. 9th Circuit.
Oct 18, 2018
Record received from the U.S.D.C. Central District of California (Western Division - Los Angeles) is electronic and located on PACER, also received are Restricted material that's electronic.
Oct 18, 2018
Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER, also received are Restricted materials (1 Envelope).
Oct 19, 2018
CIRCULATED
Oct 31, 2018
Reply of petitioner Nutraceutical Corporation filed. (Distributed)
Nov 27, 2018
Argued. For petitioner: John Hueston, Los Angeles, Cal. For respondent: Jonathan A. Herstoff, New York, N. Y.
Feb 26, 2019
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
Apr 1, 2019
JUDGMENT ISSUED.

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