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Docket for 05-1157
No. 05-1157
Title:
Credit Suisse Securities (USA) LLC, fka Credit Suisse First Boston LLC, et al., Petitioners
v.
Glen Billing, et al.
Docketed:March 13, 2006
Lower Ct:United States Court of Appeals for the Second Circuit
  Case Nos.:(03-9284, 03-9288)
  Decision Date:September 28, 2005
  Rehearing Denied:January 12, 2006
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Mar 8 2006 Petition for a writ of certiorari filed. (Response due April 12, 2006)
Apr 11 2006 Motion for leave to file amici brief filed by Securities Industry Association, et al.
Apr 12 2006 Waiver of right of respondents Glen Billing, et al. to respond filed.
Apr 12 2006 Motion for leave to file amicus brief filed by National Association of Securities Dealers, Inc.
Apr 12 2006 Motion for leave to file amicus brief filed by NYSE Group, Inc.
Apr 12 2006 Brief of respondent Milton Pfeiffer in opposition filed.
Apr 18 2006 DISTRIBUTED for Conference of May 11, 2006.
Apr 19 2006 Response Requested . (Due May 19, 2006)
Apr 19 2006 Reply of petitioner Credit Suisse First Boston Ltd., et al. to brief in opposition of Milton Pfieffer filed. (Distributed)
May 17 2006 Order extending time to file response to petition to and including May 26, 2006.
May 26 2006 Brief of respondents Glen Billing, et al. in opposition filed. (Distributed)
May 30 2006 DISTRIBUTED for Conference of June 15, 2006.
May 30 2006 Reply of petitioners to brief in opposition of respondent Glen Billing filed. (Distributed)
Jun 12 2006 Supplemental brief of petitioners Credit Suisse First Boston Ltd., et al. filed. (Distributed)
Jun 14 2006 Supplemental brief of respondents Glen Billing, et al. filed. (Distributed)
Jun 19 2006 The Solicitor General is invited to file a brief in this case expressing the views of the United States. The Chief Justice took no part in the consideration or decision of this petition.
Nov 9 2006 Brief amicus curiae of United States filed.
Nov 21 2006 DISTRIBUTED for Conference of December 7, 2006.
Nov 21 2006 Supplemental brief of respondents Glen Billing, et al. filed. (Distributed)
Nov 27 2006 Supplemental brief of petitioners Credit Suisse First Boston Ltd., et al. filed. (Distributed)
Dec 7 2006 Motion for leave to file amici brief filed by Securities Industry Association, et al. GRANTED. The Chief Justice took no part in the consideration or decision of this motion.
Dec 7 2006 Motion for leave to file amicus brief filed by NYSE Group, Inc. GRANTED. The Chief Justice took no part in the consideration or decision of this motion.
Dec 7 2006 Motion for leave to file amicus brief filed by National Association of Securities Dealers, Inc. GRANTED. The Chief Justice took no part in the consideration or decision of this motion.
Dec 7 2006 Petition GRANTED. The Chief Justice took no part in the consideration or decision of this petition.
Jan 17 2007 SET FOR ARGUMENT ON Tuesday, March 27, 2007.
Jan 22 2007 Brief amicus curiae of United States supporting vacatur filed.
Jan 22 2007 Motion for leave to file amicus brief filed by National Association of Securities Dealers, Inc.
Jan 22 2007 Motion for leave to file amicus brief filed by Securities Industry and Financial Markets Association, et al.
Jan 22 2007 Joint appendix filed.
Jan 22 2007 Brief of petitioners Credit Suisse Securities (USA) LLC, fka Credit Suisse First Boston LLC, et al. filed.
Jan 22 2007 Motion for leave to file amicus brief filed by W.R. Hambrecht + Co., LLC.
Jan 22 2007 Motion for leave to file amicus brief filed by NYSE Group, Inc.
Jan 22 2007 Motion for leave to file amicus brief filed by Washington Legal Foundation.
Feb 2 2007 Motion for divided argument filed by respondent Milton Pfeiffer.
Feb 5 2007 CIRCULATED.
Feb 14 2007 Record received from U.S.D.C. for Southern District of New York. (2 boxes)
Feb 20 2007 Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED. The Chief Justice took no part in the consideration or decision of this motion.
Feb 20 2007 Motion for leave to file amici brief filed by Securities Industry and Financial Markets Association, et al. GRANTED. The Chief Justice took no part in the consideration or decision of this motion.
Feb 20 2007 Motion for leave to file amicus brief filed by National Association of Securities Dealers, Inc. GRANTED. The Chief Justice took no part in the consideration or decision of this motion.
Feb 20 2007 Motion for leave to file amicus brief filed by NYSE Group, Inc. GRANTED. The Chief Justice took no part in the consideration or decision of this motion.
Feb 20 2007 Motion for leave to file amicus brief filed by W.R. Hambrecht + Co., LLC GRANTED. The Chief Justice took no part in the consideration or decision of this motion.
Feb 21 2007 Opposition of respondent Billing to motion of respondent Pfeiffer for divided argument filed.
Feb 21 2007 Pfeiffer's reply to Billing's opposition to motion.
Feb 23 2007 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 26 2007 Brief of respondents Glen Billing, et al. filed. (Distributed)
Feb 26 2007 Brief of respondent Milton Pfeiffer filed. (Distributed)
Feb 26 2007 Brief amicus curiae of New York filed. (Distributed)
Feb 26 2007 Brief amicus curiae of American Antitrust Institute filed. (Distributed)
Mar 5 2007 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. The Chief Justice took no part in the consideration or decision of this motion.
Mar 5 2007 Motion for divided argument filed by respondent DENIED. The Chief Justice took no part in the consideration or decision of this motion.
Mar 5 2007 Supplemental Joint appendix filed. (Distributed)
Mar 14 2007 Record received from U.S.C.A. for 2nd Circuit. (1 box)
Mar 14 2007 Reply of petitioners Credit Suisse Securities (USA) LLC, fka Credit Suisse First Boston LLC, et al. filed. (Distributed)
Mar 19 2007 Having been advised by Justice Kennedy that he now realizes that he should have recused himself from participation in this case, and does now recuse himself, the Court vacates its order of Thursday, December 7, 2006. The Court has reconsidered the petition for certiorari, and the petition is granted. The Chief Justice and Justice Kennedy have not participated in the vote to withdraw the order of December 7, 2006, or in the instant reconsideration of the petition for certiorari.
Mar 23 2007 The Chief Justice is no longer recused in this case.
Mar 27 2007 Argued. For petitioners: Stephen M. Shapiro, Washington, D.C.; and Paul D. Clement, Solicitor General, Department of Justice, Washington, D.C. (for the United States, as amicus curiae.) For respondents: Christopher Lovell, New York, N.Y.
Apr 18 2007 Statement of costs for printing received.
Jun 18 2007 Judgment REVERSED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Souter, Ginsburg, and Alito, JJ., joined. Stevens, J., filed an opinion concurring in the judgment. Thomas, J., filed a dissenting opinion. Kennedy, J., took no part in the consideration or decision of the case.
Jul 20 2007 JUDGMENT ISSUED.
Oct 16 2007 Record returned to U.S.C.A. for the 2nd Circuit.
Oct 16 2007 Record returned to U.S.D.C. for the Southern District of New York.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioners:
Stephen M. Shapiro Mayer Brown LLP(312) 782-0600
    Counsel of Record71 South Wacker Drive
Chicago, IL  60606
sshapiro@mayerbrown.com
Party name: Credit Suisse Securities (USA) LLC, fka Credit Suisse First Boston LLC, et al.
Attorneys for Respondents:
Russel H. Beatie Beatie and Osborn LLP(212) 888-9000
    Counsel of Record521 Fifth Avenue
34th Floor
New York, NY  10175
Party name: Milton Pfeiffer
 
Christopher Lovell Lovell Stewart Halebian Jacobson LLP(212) 608-1900
    Counsel of Record61 Broadway, Suite 501
New York, NY  10006
clovell@lshllp.com
Party name: Glen Billing, et al.
 
Melvyn I. Weiss Milberg Weiss & Bershad LLP(212) 594-5300
One Pennsylvania Plaza
New York, NY  10119
Other:
Paul D. Clement Solicitor General(202) 514-2217
United States Department of Justice
950 Pennsylvania Ave., N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ.gov
Party name: United States
 
Roy T. Englert Jr. Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP(202) 775-4500
1801 K Street, N.W., Suite 411
Washington, DC  20006
renglert@robbinsrussell.com
Party name: Securities Industry Association, et al.
 
Jay N. Fastow Dickstein Shapiro LLP(212) 277-6767
1633 Broadway
New York, NY  10019
fastowj@dicksteinshapiro
Party name: NYSE Group, Inc.
 
Joseph Goldberg Freedman Boyd Daniels Hollander Goldberg & Ives(505) 842-9960
20 First Plaza, Suite 700
Albuquerque, NM  87102
Party name: American Antitrust Institute
 
Paul Michael Kaplan Bryan Cave LLP(212) 541-2000
1290 Avenue of lthe Americas
New York, NY  10104
Party name: W.R. Hambrecht + Co., LLC
 
James A. Meyers Orrick Herrington & Sutcliffe LLP(202) 339-8400
3050 K Street, NW
Washington, DC  20007
Party name: Washington Legal Foundation
 
Theodore B. Olson Gibson, Dunn & Crutcher LLP(202) 955-8500
1050 Connecticut Avenue, N.W.
Washington, DC  20036
tolson@gibsondunn.com
Party name: National Association of Securities Dealers, Inc.
 
Barbara D. Underwood Solicitor General(212) 416-8016
Office of the Attorney General
120 Broadway, 25th Floor
New York, NY  10463
barbara.underwood@ag.ny.gov
Party name: New York

 

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