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Wellness International Network, Limited v. Sharif

Docket No.13-935
Op. Below7th Cir.
ArgumentJan 14, 2015

Holding

Article III permits bankruptcy judges to adjudicate Stern claims with the parties" knowing and voluntary consent.

Judgment

Reversed and remanded, 6-3, in an opinion by Sonia Sotomayor on May 26, 2015. Justice Alito filed an opinion concurring in part and concurring in the judgement. Chief Justice Roberts filed a dissenting opinion, in which Justice Scalia joined and in which Justice Thomas joined as to Part I. Justice Thomas filed a dissenting opinion.

Proceedings & orders timeline

Dec 20, 2013
Application (13A648) to extend the time to file a petition for a writ of certiorari from January 5, 2014 to February 5, 2014, submitted to Justice Kagan.
Dec 20, 2013
Application (13A648) granted by Justice Kagan extending the time to file until February 5, 2014.
Feb 5, 2014
Petition for a writ of certiorari filed. (Response due March 7, 2014)
Mar 7, 2014
Brief of respondent Richard Sharif in opposition filed.
Mar 21, 2014
Reply of petitioners Wellness International Network, Limited, et al. filed.
Mar 26, 2014
DISTRIBUTED for Conference of April 18, 2014.
Jun 9, 2014
DISTRIBUTED for Conference of June 12, 2014.
Jun 16, 2014
DISTRIBUTED for Conference of June 19, 2014.
Jun 23, 2014
DISTRIBUTED for Conference of June 26, 2014.
Jun 30, 2014
DISTRIBUTED for Conference of June 30, 2014.
Jul 1, 2014
Petition GRANTED limited to Questions 1 and 3 presented by the petition.
Jul 14, 2014
The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 9, 2014.
Jul 14, 2014
The time to file respondent's brief on the merits is extended to and including November 19, 2014.
Sep 9, 2014
Joint appendix filed. (Statement of costs filed.)
Sep 9, 2014
Brief of petitioners Wellness International Network, Limited, et al. filed.
Sep 9, 2014
Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the respondent.
Sep 11, 2014
Brief amicus curiae of the United States filed.
Sep 16, 2014
Brief amicus curiae of American College of Bankruptcy filed.
Sep 16, 2014
Brief amicus curiae of Business Law Section of the Florida Bar in support of neither party filed.
Sep 16, 2014
Brief amicus curiae of National Association of Bankruptcy Trustees filed.
Sep 16, 2014
Brief amicus curiae of G. Eric Brunstad, Jr. filed.
Sep 16, 2014
Brief amicus curiae of American Bar Association filed.
Nov 7, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 19, 2014
Brief of respondent Richard Sharif filed.
Nov 19, 2014
Supplemental appendix of respondent filed.
Nov 21, 2014
SET FOR ARGUMENT ON Wednesday, January 14, 2015.
Nov 26, 2014
Brief amici curiae of Certain TOUSA Defendants filed.
Dec 2, 2014
CIRCULATED.
Dec 2, 2014
Record requested from U.S.C.A. 7th Circuit.
Dec 8, 2014
Record received from U.S.C.A. is electronic and located on PACER.
Dec 8, 2014
Record received from U.S.D.C. Northern District of Illinois, Eastern Division is electronic.
Dec 15, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 19, 2014
Reply of petitioners Wellness International Network, Limited, et al. filed. (Distributed)
Jan 14, 2015
Argued. For petitioners: Catherine Steege, Chicago, Ill.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Jonathan D. Hacker, Washington, D. C.
May 26, 2015
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, and Kagan, JJ., joined, and in which Alito, J., joined in part. Alito, J., filed an opinion concurring in part and concurring in the judgment. Roberts, C. J., filed a dissenting opinion, in which Scalia, J., joined, and in which Thomas, J., joined as to Part I. Thomas, J., filed a dissenting opinion.
Jun 29, 2015
JUDGMENT ISSUED.

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