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U.S. Bank National Association v. Village at Lakeridge

Docket No.15-1509
Op. Below9th Cir.
ArgumentOct 31, 2017

Holding

The U.S. Court of Appeals for the 9th Circuit was right to review the Bankruptcy Court's determination of non-statutory insider status for clear error (rather than de novo).

Judgment

Affirmed, 9-0, in an opinion by Elena Kagan on Mar 5, 2018. Justice Kennedy filed a concurring opinion. Justice Sotomayor filed a concurring opinion, in which Justices Kennedy, Thomas, and Gorsuch joined.

Proceedings & orders timeline

Jun 13, 2016
Petition for a writ of certiorari filed. (Response due July 15, 2016)
Jul 12, 2016
Order extending time to file response to petition to and including August 15, 2016, for all respondents.
Aug 15, 2016
Brief of respondent The Village at Lakeridge, LLC in opposition filed.
Aug 31, 2016
DISTRIBUTED for Conference of September 26, 2016.
Oct 3, 2016
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Feb 13, 2017
Brief amicus curiae of United States filed.
Feb 28, 2017
Reply of petitioner U.S. Bank National Association, Trustee, et al. filed.
Mar 1, 2017
DISTRIBUTED for Conference of March 17, 2017.
Mar 20, 2017
DISTRIBUTED for Conference of March 24, 2017.
Mar 27, 2017
Petition GRANTED limited to Question 2 presented by the petition.
Apr 21, 2017
The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 12, 2017.
Apr 21, 2017
The time to file respondents' brief on the merits is extended to and including August 11, 2017.
Jun 12, 2017
Joint appendix filed.
Jun 12, 2017
Brief of petitioner U.S. Bank National Association, Trustee, et al. filed.
Aug 11, 2017
Brief of respondent The Village at Lakeridge, LLC filed.
Aug 18, 2017
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 18, 2017
Brief amicus curiae of the United States filed.
Aug 31, 2017
SET FOR ARGUMENT on Tuesday, October 31, 2017.
Sep 7, 2017
CIRCULATED
Sep 11, 2017
Reply of petitioners U.S. Bank National Association, Trustee, et al. filed. (Distributed)
Sep 12, 2017
Record requested from the U.S.C.A. 9th Circuit.
Sep 25, 2017
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 31, 2017
Argued. For petitioners: Gregory A. Cross, Baltimore, Md. For respondents: Daniel L. Geyser, Dallas, Tex.; and Morgan Goodspeed, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Mar 5, 2018
Adjudged to be AFFIRMED. Kagan, J., delivered the opinion for a unanimous Court. Kennedy, J., filed a concurring opinion. Sotomayor, J., filed a concurring opinion, in which Kennedy, Thomas, and Gorsuch, JJ., joined.
Apr 6, 2018
JUDGMENT ISSUED.

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