| No. 17-1712 | |
| Title: | James J. Thole, et al., Petitioners v. U.S. Bank N.A., et al. |
| Docketed: | June 27, 2018 |
| Linked with 17A1210 | |
| Lower Ct: | United States Court of Appeals for the Eighth Circuit |
| Case Numbers: | (16-1928) |
| Decision Date: | October 12, 2017 |
| Rehearing Denied: | February 22, 2018 |
| Questions Presented | |
| Date | Proceedings and Orders |
| May 01 2018 | Application (17A1210) to extend the time to file a petition for a writ of certiorari from May 23, 2018 to July 20, 2018, submitted to Justice Gorsuch. |
| Main DocumentLower Court Orders/OpinionsLower Court Orders/OpinionsProof of Service | |
| May 03 2018 | Application (17A1210) granted by Justice Gorsuch extending the time to file until June 22, 2018. |
| Jun 22 2018 | Petition for a writ of certiorari filed. (Response due July 27, 2018) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Jul 13 2018 | Motion to extend the time to file a response from July 27, 2018 to August 27, 2018, submitted to The Clerk. |
| Main Document | |
| Jul 17 2018 | Motion to extend the time to file a response is granted and the time is extended to and including August 27, 2018. |
| Aug 22 2018 | Brief of respondents U.S. Bank, N.A., et al. in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 05 2018 | DISTRIBUTED for Conference of 9/24/2018. |
| Sep 05 2018 | Reply of petitioners James J. Thole, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 01 2018 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| May 21 2019 | Brief amicus curiae of United States filed. |
| Main DocumentCertificate of Word Count | |
| Jun 04 2019 | DISTRIBUTED for Conference of 6/20/2019. |
| Jun 04 2019 | Supplemental brief of respondents U.S. Bank, N.A., et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 26 2019 | DISTRIBUTED for Conference of 6/27/2019. |
| Jun 28 2019 | Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners have demonstrated Article III standing. |
| Jul 03 2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jul 16 2019 | Joint motion for an extension of time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 11, 2019. The time to file respondents' brief on the merits is extended to and including November 12, 2019. |
| Sep 04 2019 | Blanket Consent filed by Petitioners, James J. Thole, et al. |
| Blanket Consent | |
| Sep 11 2019 | Joint appendix filed. (Statement of costs filed.) |
| Main DocumentProof of Service | |
| Sep 11 2019 | Brief of petitioners James J. Thole, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 17 2019 | Brief amici curiae of Law Professors filed. |
| Main DocumentCertificate of Word CountProof of ServiceOther | |
| Sep 17 2019 | Brief amicus curiae of Public Citizen filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 18 2019 | Brief amicus curiae of United States filed. |
| Main DocumentCertificate of Word Count | |
| Sep 18 2019 | Brief amicus curiae of Pension Rights Center filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 18 2019 | Brief amicus curiae of National Association of Home Builders in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 18 2019 | Brief amici curiae of AARP and AARP Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 08 2019 | SET FOR ARGUMENT on Monday, January 13, 2020. |
| Nov 12 2019 | Brief of respondents U.S. Bank, N.A., et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 18 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Proof of ServiceMain Document | |
| Nov 18 2019 | Brief amicus curiae of New England Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 19 2019 | Brief amicus curiae of Washington Legal Foundatoin filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 19 2019 | Brief amici curiae of The Chamber of Commerce of the United States of America, The American Benefits Council, and The ERISA Industry Committee filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 26 2019 | CIRCULATED |
| Dec 03 2019 | Record requested from the U.S.C.A. 8th Circuit. |
| Dec 09 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Dec 12 2019 | Reply of petitioners James J. Thole, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 12 2019 | Record received from the U.S.C.A. 8th Circuit. (1 Box) |
| Jan 13 2020 | Argued. For petitioners: Peter K. Stris, Los Angeles, Cal.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Joseph R. Palmore, Washington, D. C. |
| Jan 27 2020 | Record received from the U.S.D.C. District of Minnesota is electronic. |
| May 06 2020 | Amendment to Rule 29.6 Corporate Disclosure Statement filed by respondents. (Distributed) |
| Main Document | |
| May 18 2020 | Second amendment to Rule 29.6 Corporate Disclosure Statement filed. (Distributed) |
| Main Document | |
| Jun 01 2020 | Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined. |
| Jul 06 2020 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Peter K. Stris Counsel of Record | Stris and Maher LLP 777 S. Figueroa Street Suite 3850 Los Angeles, CA 90017 peter.stris@strismaher.com | 213-995-6800 |
| Party name: James J. Thole, et al. | ||
| Attorneys for Respondents | ||
| Joseph Russell Palmore Counsel of Record | Morrison & Foerster LLP 2000 Pennsylvania Ave., NW Washington, DC 20006 jpalmore@mofo.com | 202-887-6940 |
| Party name: U.S. Bank N.A., et al. | ||
| Stephen Paul Lucke | Dorsey & Whitney LLP 50 South Sixth Street Suite 1500 Minneapolis, MN 55402 lucke.steve@dorsey.com | 612-343-7947 |
| Party name: U.S. Bank N.A., et al. | ||
| Other | ||
| Noel J. Francisco | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Elizabeth Hopkins Counsel of Record | Kantor & Kantor, LLP 19839 Nordhoff Street Northridge, CA 91324 ehopkins@kantorlaw.net | 818 886-2525 |
| Party name: Pension Rights Center | ||
| Nandan Maheshchandra Joshi Counsel of Record | Public Citizen Litigation Group 1600 20th Street, NW Washington, DC 20009 njoshi@citizen.org | 202-588-1000 |
| Party name: Public Citizen | ||
| Brian David Netter Counsel of Record | Mayer Brown LLP 1999 K Street NW Washington, DC 20006 bnetter@mayerbrown.com | 202-263-3000 |
| Party name: The Chamber of Commerce of the United States of America, The American Benefits Council, and The ERISA Industry Committee | ||
| Erin M. Riley Counsel of Record | Keller Rohrback, L.L.P. 1201 Third Avenue, Suite 3200 Seattle, WA 98101 eriley@kellerrohrback.com | 206-623-1900 |
| Party name: Law Professors | ||
| Benjamin G. Robbins Counsel of Record | New England Legal Foundation 150 Lincoln Street Boston, MA 02111-2504 benrobbins@nelfonline.org | 6176953660 |
| Party name: New England Legal Foundation | ||
| Richard A. Samp Counsel of Record | Washington Legal Foundation 2009 Massachusetts Ave., N.W. Washington, DC 20036-0000 rsamp@wlf.org | 202-588-0302 |
| Party name: Washington Legal Foundatoin | ||
| Dara Swartz Smith Counsel of Record | AARP Foundation Litigation 601 E St, . NW Washington, DC 20049 dsmith@aarp.org | 12024346280 |
| Party name: AARP and AARP Foundation | ||
| Thomas Jon Ward Counsel of Record | National Association of Home Builders 1201 15th Street, NW Washington, DC 20005 tward@nahb.org | 202 266-8200 |
| Party name: National Association of Home Builders | ||