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Sripetch v. Securities and Exchange Commission

Docket No.25-466
Op. Below9th Cir.
ArgumentApr 20, 2026

Issue

Whether the SEC may seek equitable disgorgement under 15 U.S.C. 78u(d)(5) and (d)(7) without showing investors suffered pecuniary harm.

Proceedings & orders timeline

Oct 14, 2025
Petition for a writ of certiorari filed. (Response due November 17, 2025)
Nov 14, 2025
Motion to extend the time to file a response from November 17, 2025 to December 17, 2025, submitted to The Clerk.
Nov 15, 2025
Brief amicus curiae of California Alternative Investments Association filed.
Nov 17, 2025
Brief amicus curiae of Cato Institute filed.
Nov 17, 2025
Amicus brief of Brenda Barry, et al. not accepted for filing. (To be corrected - December 1, 2025)
Nov 17, 2025
Brief amicus curiae of Brenda Barry, et al. filed. (Corrected)
Nov 18, 2025
Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2025.
Dec 17, 2025
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
Dec 17, 2025
Brief of Federal Respondents filed.
Dec 23, 2025
DISTRIBUTED for Conference of 1/9/2026.
Jan 9, 2026
Petition GRANTED.
Jan 27, 2026
Motion to dispense with printing the joint appendix filed by petitioner Ongkaruck Sripetch.
Feb 11, 2026
SET FOR ARGUMENT on Monday, April 20, 2026.
Feb 18, 2026
Record requested from the United States Court of Appeals for the Ninth Circuit.
Feb 23, 2026
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 23, 2026
Brief of petitioner Ongkaruck Sripetch filed.
Mar 2, 2026
Brief amicus curiae of Chamber of Commerce filed.
Mar 2, 2026
Brief amicus curiae of Investor Choice Advocates Network filed.
Mar 2, 2026
Brief amicus curiae of The Cato Institute filed.
Mar 2, 2026
Brief amici curiae of Kalistratos Kabilafkas, et al. filed.
Mar 2, 2026
Brief amicus curiae of Washington Legal Foundation filed.
Mar 2, 2026
Brief amicus curiae of California Alternative Investments Association filed.
Mar 2, 2026
Brief amici curiae of Pacific Legal Foundation, et al. filed.
Mar 2, 2026
Brief amici curiae of Former Securities and Exchange Commission Attorneys filed.
Mar 20, 2026
Sealed material received electronically from the United States Court of Appeals for the Ninth Circuit and available with the Clerk. The remainder of the record is electronic and is available on PACER.
Mar 25, 2026
Brief of respondent not accepted for filing. (To be resubmitted - March 27, 2026)
Mar 25, 2026
Brief of respondent filed. (Distributed)
Mar 30, 2026
CIRCULATED
Apr 1, 2026
Brief amici curiae of Remedies and Restitution Scholar Douglas Laycock, et al. filed. (Distributed)
Apr 1, 2026
Brief amicus curiae of Consumer Federation of America filed. (Distributed)
Apr 1, 2026
Brief amicus curiae of Better Markets, Inc. filed. (Distributed)
Apr 10, 2026
Reply of Ongkaruck Sripetch submitted.

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