| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Oct 17 2008 |
Application (08A336) for stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Ginsburg. |
| Oct 20 2008 |
Application (08A336) denied by Justice Ginsburg. |
| Dec 23 2008 |
Petition for a writ of certiorari filed. (Response due January 29, 2009) |
| Dec 23 2008 |
Appendix of petitioner Sally L. Conkright, et al. filed. |
| Jan 28 2009 |
Brief of Sixty-Two Respondents, Paul J. Frommert, et al., and Seven Cross- Respondents in opposition filed. |
| Jan 29 2009 |
Brief of Thirty-Three Respondents, Alvin M. Adams, et al. in opposition filed. |
| Jan 29 2009 |
Motion for leave to file amicus brief filed by Business Roundtable. |
| Feb 2 2009 |
Application (08A676) to file consolidated reply brief in excess of word limits, submitted to Justice Ginsburg. |
| Feb 10 2009 |
Letter from counsel for the petitioners withdrawing application (08A676) for consideration. |
| Feb 10 2009 |
Reply of petitioners Sally L. Conkright, et al. filed. (Distributed) |
| Feb 11 2009 |
DISTRIBUTED for Conference of February 27, 2009. |
| Mar 2 2009 |
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Apr 9 2009 |
Application (08A884) for stay pending disposition of the petition for a writ of certiorari, submitted to Justice Ginsburg. |
| Apr 14 2009 |
Responses to application (08A884) requested by Justice Ginsburg, due close of business April 24, 2009. |
| Apr 24 2009 |
Joint response in opposition to application (08A884) filed. |
| Apr 30 2009 |
Application (08A884) denied by Justice Ginsburg. In Chambers Opinion issued by Justice Ginsburg. |
| May 28 2009 |
Brief amicus curiae of United States filed. VIDED. |
| Jun 8 2009 |
Supplemental brief of petitioners Sally L. Conkright, et al. filed. (Distributed) |
| Jun 9 2009 |
DISTRIBUTED for Conference of June 25, 2009. |
| Jun 29 2009 |
Motion for leave to file amicus brief filed by Business Roundtable GRANTED. |
| Jun 29 2009 |
Petition GRANTED. |
| Jul 20 2009 |
The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including September 14, 2009. |
| Jul 20 2009 |
The time within which to file respondents' briefs on the merits is extended to and including November 13, 2009. |
| Sep 14 2009 |
Joint appendix filed. Statement of costs received. |
| Sep 14 2009 |
Brief of petitioners Sally L. Conkright, et al. filed. |
| Sep 21 2009 |
Brief amici curiae of Chief Actuaries filed. |
| Sep 21 2009 |
Brief amici curiae of Business Roundtable, et al. filed. |
| Sep 21 2009 |
Brief amici curiae of ERISA Industry Committee and American Benefits Council filed. |
| Nov 2 2009 |
SET FOR ARGUMENT ON Wednesday, January 20, 2010. |
| Nov 13 2009 |
Brief of respondents Paul J. Frommert, et al. filed. |
| Nov 20 2009 |
Brief amicus curiae of United States filed. |
| Nov 20 2009 |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Nov 20 2009 |
Brief amici curiae of Janice C. Amara, et al. filed. (Distributed) |
| Nov 20 2009 |
Brief amicus curiae of AARP filed. (Distributed) |
| Nov 20 2009 |
Brief amicus curiae of National Employment Lawyers Association filed. (Distributed) |
| Nov 20 2009 |
Brief amici curiae of Law Professors filed. (Distributed) |
| Nov 20 2009 |
Brief amicus curiae of Richard C. Capone filed. (Distributed) |
| Nov 23 2009 |
CIRCULATED. |
| Dec 11 2009 |
Record received from U.S.C.A. for Second Circuit. (1 Box)
|
| Dec 14 2009 |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion. |
| Dec 14 2009 |
Reply of petitioners Sally L. Conkright, et al. filed. (Distributed) |
| Dec 16 2009 |
Record received from U.S.D.C. for Western District of New York. (1 envelope and 2 boxes) |
| Jan 20 2010 |
Argued. For petitioners: Robert A. Long, Jr., Washington, D.C. For respondents: Peter K. Stris, Costa Mesa, Cal.; and Matthew D. Roberts, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) |
| Apr 21 2010 |
Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, and Alito, JJ., joined. Breyer, J., filed a dissenting opinion, in which Stevens and Ginsburg, JJ., joined. Sotomayor, J., took no part in the consideration or decision of the case. |
| May 24 2010 |
JUDGMENT ISSUED. |
| May 26 2010 |
Record returned to U.S.C.A., 2nd Circuit (1) box. |
| May 26 2010 |
Record returned to U.S.D.C. for the Western Dist. of NY. (1 envelope and 2 boxes.) |