| No. 18-1165 | |
| Title: | Retirement Plans Committee of IBM, et al., Petitioners v. Larry W. Jander, et al. |
| Docketed: | March 8, 2019 |
| Lower Ct: | United States Court of Appeals for the Second Circuit |
| Case Numbers: | (17-3518) |
| Decision Date: | December 10, 2018 |
| Rehearing Denied: | January 18, 2019 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Mar 04 2019 | Petition for a writ of certiorari filed. (Response due April 8, 2019) |
| PetitionCertificate of Word CountProof of Service | |
| Apr 01 2019 | Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk. |
| Main Document | |
| Apr 04 2019 | Motion to extend the time to file a response is granted and the time is extended to and including May 8, 2019. |
| Apr 08 2019 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 18 2019 | Brief of respondents Larry Jander, et al. in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 06 2019 | Reply of petitioners Retirement Plans Committee of IBM, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 07 2019 | DISTRIBUTED for Conference of 5/23/2019. |
| May 28 2019 | DISTRIBUTED for Conference of 5/30/2019. |
| Jun 03 2019 | Petition GRANTED. |
| Jul 01 2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jul 08 2019 | SET FOR ARGUMENT on Wednesday, November 6, 2019. |
| Jul 11 2019 | Blanket Consent filed by Petitioners, Retirement Plans Committee of IBM, et al. |
| Blanket Consent | |
| 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 August 6, 2019. The time to file respondents' brief on the merits is extended to and including September 24, 2019. |
| Aug 06 2019 | Brief of petitioners Retirement Plans Committee of IBM, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 06 2019 | Joint appendix filed. |
| Main Document | |
| Aug 13 2019 | Brief amicus curiae of the United States in support of neither party filed. |
| Main DocumentProof of Service | |
| Aug 13 2019 | Brief amici curiae of The Securities Industry and Financial Markets Association, The Chamber of Commerce of the United States of America, and The Business Roundtable filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 13 2019 | Brief amicus curiae of DRI—The Voice of the Defense Bar filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 13 2019 | Brief amici curiae of American Benefits Council and ERISA Industry Committee filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 03 2019 | CIRCULATED |
| Sep 16 2019 | Record requested from the U.S.C.A. 2nd Circuit. |
| Sep 16 2019 | Record received from the U.S.C.A. 2nd Circuit it electronic. |
| Sep 24 2019 | Brief of respondents Larry W. Jander, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 27 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 | |
| Oct 01 2019 | Brief amici curiae of American Association for Justice and Public Justice filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 01 2019 | Brief amicus curiae of Occupy the SEC filed. (Distributed) |
| Certificate of Word CountProof of ServiceMain Document | |
| Oct 01 2019 | Brief amici curiae of Law Professors filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 15 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 24 2019 | Reply of petitioners Retirement Plans Committee of IBM, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 06 2019 | Argued. For petitioners: Paul D. Clement, Washington, D. C. For United States, as amicus curiae: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Samuel Bonderoff, New York, N. Y. |
| Jan 14 2020 | Judgment VACATED and case REMANDED. Kagan, J., filed a concurring opinion, in which Ginsburg, J., joined. Gorsuch, J., filed a concurring opinion. Opinion per curiam. |
| Feb 18 2020 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Paul D. Clement Counsel of Record | Kirkland & Ellis LLP 1301 Pennsylvania Avenue, NW Washington, DC 20004 paul.clement@kirkland.com | 2023895000 |
| Party name: Retirement Plans Committee of IBM, et al. | ||
| Attorneys for Respondents | ||
| Samuel Ethan Bonderoff Counsel of Record | Zamansky, LLC 50 Broadway, 32nd Floor New York, NY 10004 samuel@zamansky.com | 2127421414 |
| Party name: Larry W. Jander, et al. | ||
| Other | ||
| Noel John Francisco | Jones Day 51 Louisiana Avenue, NW Washington, DC 20001 njfrancisco@jonesday.com | (202) 879-3939 |
| Party name: United States | ||
| Russell Laurence Hirschhorn Counsel of Record | Proskauer Rose LLP Eleven Times Square New York, NY 10036 rhirschhorn@proskauer.com | 212-969-3000 |
| Party name: Chamber of Commerce of the United States of America, American Benefits Council, and ERISA Industry Committee | ||
| Brian David Netter Counsel of Record | Mayer Brown LLP 1999 K St. NW Washington, DC 20006 bnetter@mayerbrown.com | 2022633339 |
| Party name: The Securities Industry and Financial Markets Association, The Chamber of Commerce of the United States of America, and The Business Roundtable | ||
| Todd M. Schneider Counsel of Record | Schneider Wallace Cottrell Konecky Wotkyns LLP 2000 Powell Street Suite 1400 Emeryville, CA 94608 tschneider@schneiderwallace.com | 4154217100 |
| Party name: Law Professors | ||
| Scott Burnett Smith Counsel of Record | Bradley Arant Boult Cummings, LLP 200 Clinton Avenue West, Suite 900 Huntsville, AL 35801 ssmith@bradley.com | 256-517-5100 |
| Party name: DRI—THE VOICE OF THE DEFENSE BAR | ||
| Akshat Tewary Counsel of Record | Law Offices of Kamlesh Tewary, P.C. 1974 Route 27 Edison, NJ 08817 info@tewary.com | 7322870080 |
| Party name: Occupy the SEC | ||
| Matthew W.H. Wessler Counsel of Record | Gupta Wessler PLLC 1900 L Street, NW Suite 312 Washington, DC 20036 matt@guptawessler.com | 2028881741 |
| Party name: American Association for Justice and Public Justice | ||