| No. 18-1334 Vide 18-1475, 18-1496, 18-1514, 18-1521 | |
| Title: | Financial Oversight and Management Board for Puerto Rico, Petitioner v. Aurelius Investment, LLC, et al. |
| Docketed: | April 24, 2019 |
| Lower Ct: | United States Court of Appeals for the First Circuit |
| Case Numbers: | (18-1671, 18-1746, 18-1787) |
| Decision Date: | February 15, 2019 |
| Rehearing Denied: | March 7, 2019 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Apr 23 2019 | Petition for a writ of certiorari filed. (Response due May 24, 2019) |
| PetitionCertificate of Word CountProof of Service | |
| May 24 2019 | Letter of Solicitor General received. |
| Main Document | |
| May 24 2019 | Response to petition from respondents Aurelius Investment, LLC, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 24 2019 | Brief of respondents Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 30 2019 | Corporate Disclosure Statement filed with respect to brief in opposition of respondents Union de Trabajadores de la Industria Electrica y Riego, Inc. (UTIER). |
| Main Document | |
| Jun 10 2019 | Letter of June 10, 2019 from counsel for the Financial Oversight and Management Board for Puerto Rico filed. |
| Main DocumentProof of Service | |
| Jun 11 2019 | Letter of June 11, 2019 from respondents Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) filed. |
| Main DocumentProof of Service | |
| Jun 17 2019 | DISTRIBUTED for Conference of 6/20/2019. |
| Jun 20 2019 | Petition GRANTED. The petitions for writs of certiorari in Nos. 18-1334, 18-1475, 18-1496, 18-1514 and 18-1521 are granted. The cases are consolidated, and will be set for argument in the second week of the October 2019 argument session. Parties challenging the First Circuit’s ruling on the Appointments Clause issue shall file an opening brief on that issue on or before Thursday, July 25, 2019. The briefs are to bear a light blue cover and are limited to 15,000 words. Parties supporting the First Circuit’s ruling on the Appointments Clause issue and challenging the ruling on the de facto officer doctrine issue shall file a consolidated opening brief on or before Thursday, August 22, 2019. The briefs are to bear a light red cover and are limited to 20,000 words. Parties challenging the First Circuit’s ruling on the Appointments Clause issue and supporting the ruling on the de facto officer doctrine issue shall file a consolidated opening brief and reply on or before Thursday, September 19, 2019. The briefs are to bear a yellow cover and are limited to 13,000 words. Parties challenging the First Circuit’s ruling on the de facto officer doctrine issue shall file with the Clerk and serve upon counsel a reply brief limited to that issue on or before 2 p.m., Tuesday, October 8, 2019. The briefs are to bear a tan cover and are limited to 6,000 words. Amicus curiae briefs challenging the First Circuit’s ruling on the Appointments Clause issue and/or supporting the ruling on the de facto officer doctrine issue are to be filed on or before Thursday, August 1, 2019. The briefs are to bear a light green cover and are limited to 9,000 words. Amicus curiae briefs supporting the First Circuit’s ruling on the Appointments Clause issue and/or challenging the ruling on the de facto officer doctrine issue are to be filed on or before Thursday, August 29, 2019. The briefs are to bear a dark green cover and are limited to 9,000 words. An amicus curiae shall file only a single brief. |
| Jun 20 2019 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-1334. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1334. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Jul 01 2019 | SET FOR ARGUMENT on Tuesday, October 15, 2019. VIDED |
| Jul 17 2019 | Blanket Consent filed by COFINA Senior Bondholders’ Coalition. |
| Blanket ConsentProof of Service | |
| Jul 17 2019 | Blanket Consent filed by Finanical Oversight and Management Board for Puerto Rico. |
| Blanket Consent | |
| Jul 17 2019 | Letter of COFINA Senior Bondholders’ Coalition filed. |
| Main DocumentProof of Service | |
| Jul 18 2019 | Blanket Consent filed by United States. |
| Blanket Consent | |
| Jul 18 2019 | Blanket Consent filed by Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”). |
| Blanket ConsentProof of Service | |
| Jul 19 2019 | Blanket Consent filed by The Official Committee of Retired Employees of the Commonwealth of Puerto Rico. |
| Blanket ConsentProof of Service | |
| Jul 19 2019 | Blanket Consent filed by Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp. |
| Blanket Consent | |
| Jul 23 2019 | Blanket Consent filed by Official Committee of Unsecured Creditors of All Title III Debtors (other than COFINA). |
| Blanket ConsentProof of Service | |
| Jul 25 2019 | Joint appendix filed. VIDED. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Jul 25 2019 | Brief of Finanical Oversight and Management Board for Puerto Rico filed. VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 25 2019 | Brief of The Official Committee of Retired Employees of the Commonwealth of Puerto Rico filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 25 2019 | Brief of Puerto Rico Fiscal Agency and Financial Advisory Authority filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 25 2019 | Brief of United States filed. VIDED. |
| Main DocumentProof of Service | |
| Jul 25 2019 | Brief of Official Committee of Unsecured Creditors of all Title III Debtors (other than COFINA) filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 26 2019 | Blanket Consent filed by Puerto Rico Fiscal Agency and Financial Advisory Authority |
| Blanket Consent | |
| Jul 30 2019 | Brief amicus curiae of Alan Mygatt-Tauber filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 01 2019 | CIRCULATED |
| Aug 01 2019 | Brief amicus curiae of DRA Entities filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 16 2019 | Record requested from the U.S.C.A. 1st Circuit. |
| Aug 19 2019 | Brief amicus curiae of Anthony Michael Sabino filed (in 18-1334). (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 21 2019 | Brief amicus curiae of Former Governor of Puerto Rico, Anibal Acevedo-Vila filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 22 2019 | Brief of respondent Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 22 2019 | Brief of respondents Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp. filed. VIDED. (Distributed) |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Aug 26 2019 | The record from the U.S.C.A. 1st Circuit is located on PACER, with the exception of the appendix which was received electronically. |
| Aug 28 2019 | Brief amicus curiae of Pacific Legal Foundation filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 28 2019 | Brief amici curiae of Elected Officers of the Commonwealth of Puerto Rico filed. VIDED. (Distributed) |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Aug 29 2019 | Motion of the Solicitor General for enlargement of time for oral argument and for divided argument filed. VIDED. |
| Proof of ServiceMain Document | |
| Aug 29 2019 | Brief amicus curiae of Washington Legal Foundation filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 29 2019 | Joint motion of Aurelius Investment, LLC, et al., and Union de Trabajadores de la Industria Electrica y Riego, Inc. (UTIER) for enlargement of time for oral argument and for divided argument filed. VIDED. |
| Main DocumentProof of Service | |
| Aug 29 2019 | Brief amicus curiae of Autonomous Municipality of San Juan filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 29 2019 | Brief amicus curiae of Equally American Legal Defense and Education Fund in support of neither party filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 29 2019 | Brief amici curiae of Former Governors Sila M. Calderon and Alejandro Garcia Padilla filed (also in 18-1496 & 18-1514). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 29 2019 | Brief amicus curiae of Cato Institute filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 29 2019 | Brief amici curiae of American Civil Liberties Union Foundation and the ACLU of Puerto Rico filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 29 2019 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 29 2019 | Brief amicus curiae of Virgin Islands Bar Association filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 29 2019 | U.S.D.C. District of Puerto Rico record is located on pacer. Confidential filings received in electronic format. |
| Aug 29 2019 | Brief amici curiae of Scholars of Constitutional Law and Legal History filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 29 2019 | Brief amici curiae of Former Federal and Local Judges filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 29 2019 | Letter Request for The Puerto Rico Fiscal Agency and Financial Advisory Authority to be heard at oral argument on behalf of appellants on Appointments Clause issue of Puerto Rico Fiscal Agency and Financial Advisory Authority not accepted for filing. (September 06, 2019) |
| Aug 29 2019 | Motion for divided argument filed by Puerto Rico Fiscal Agency and Financial Advisory Authority. VIDED. |
| Main DocumentProof of Service | |
| Sep 11 2019 | Motion of the Solicitor General for enlargement of time for oral argument and for divided argument GRANTED IN PART. VIDED. |
| Sep 11 2019 | Joint motion of Aurelius Investment, LLC, et al., and Union de Trabajadores de la Industria Electrica y Riego, Inc. (UTIER) for enlargement of time for oral argument and for divided argument GRANTED IN PART. VIDED. |
| Sep 11 2019 | Motion for divided argument filed by Puerto Rico Fiscal Agency and Financial Advisory Authority DENIED. VIDED. |
| Sep 11 2019 | Upon consideration of the August 29, 2019 motions for divided argument, a total of 80 minutes is allotted for consolidated oral argument on both questions presented, and the time is divided as follows: 20 minutes to the Financial Oversight and Management Board, 20 minutes to the Solicitor General, 30 minutes to Aurelius Investment, LLC, et al., and 10 minutes to UTIER. VIDED. |
| Sep 19 2019 | Brief of Finanical Oversight and Management Board for Puerto Rico filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 19 2019 | Brief of COFINA Senior Bondholders’ Coalition filed (supporting ruling on de facto officer doctrine issue). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 19 2019 | Brief of The Official Committee of Retired Employees of the Commonwealth of Puerto Rico filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 19 2019 | Reply of petitioner Puerto Rico Fiscal Agency and Financial Advisory Authority filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 19 2019 | Reply of respondent United States filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word Count | |
| Sep 19 2019 | Reply of respondent Official Committee of Unsecured Creditors of All Title III Debtors (other than COFINA) filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2019 | Reply of respondent Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) filed. VIDED (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 08 2019 | Reply of respondents Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 15 2019 | Argued. For Financial Oversight and Management Board for Puerto Rico: Donald B. Verrilli, Jr., Washington, D. C. For United States: Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For Aurelius Investment, LLC, et al.: Theodore B. Olson, Washington, D. C. For UTIER: Jessica E. Méndez-Colberg, Ponce, P. R. VIDED. |
| Jun 01 2020 | Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., and Sotomayor, J., filed opinions concurring in the judgment. VIDED. |
| Jul 06 2020 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Walter Dellinger Counsel of Record | O'Melveny & Myers LLP 1625 Eye Street, N.W. Washington, DC 20006 wdellinger@omm.com | 202-383-5300 |
| Party name: Puerto Rico Fiscal Agency and Financial Advisory Authority | ||
| Donald B. Verrilli Jr. Counsel of Record | Munger, Tolles & Olson LLP 1155 F Streeet NW 7th Floor Washington, DC 20004 donald.verrilli@mto.com | 202-220-1101 |
| Party name: Finanical Oversight and Management Board for Puerto Rico | ||
| Attorneys for Respondents | ||
| Noel J. Francisco Counsel of Record | 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 | ||
| Ian Heath Gershengorn Counsel of Record | Jenner & Block 1099 New York Ave., NW Suite 900 Washington, DC 20001 IGershengorn@jenner.com | 202-639-6869 |
| Party name: The Official Committee of Retired Employees of the Commonwealth of Puerto Rico | ||
| Jessica Esther Mendez Counsel of Record | Bufete Emmanuelli, C.S.P. P.O. Box 10779 Ponce, PR 00732 jessica@bufete-emmanuelli.com | 787-848-0666 |
| Party name: Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) | ||
| Neal David Mollen Counsel of Record | Paul Hastings LLP 875 15th Street NW Washington, DC 20005 nealmollen@paulhastings.com | 202-551-1738 |
| Party name: Official Committee of Unsecured Creditors of All Title III Debtors (other than COFINA) | ||
| Theodore B. Olson Counsel of Record | Gibson Dunn & Crutcher LLP 1050 Connecticut Avenue, NW Washington, DC 20036 tolson@gibsondunn.com | (202) 955-8500 |
| Party name: Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp. | ||
| Kathleen Marie Sullivan Counsel of Record | Quinn Emanuel Urquhart & Sullivan, LLP 51 Madison Ave., 22nd Floor New York, NY 10010 kathleensullivan@quinnemanuel.com | (212) 849-7000 |
| Party name: COFINA Senior Bondholders’ Coalition | ||
| Other | ||
| Anibal S. Acevedo-Vila Counsel of Record | Law Office Acevedo Vila 894 Munoz Rivera Ave. Suite 202 San Juan, PR 00927 acevedovila1@gmail.com | 787-467-6700 |
| Party name: Former Governor of Puerto Rico, Anibal Acevedo-Vila | ||
| Adriel I. Cepeda Derieux Counsel of Record | American Civil Liberties Union Foundation 125 Broad Street New York, NY 10004 ACepedaDerieux@aclu.org | 2125492500 |
| Party name: American Civil Liberties Union Foundation and the ACLU of Puerto Rico | ||
| Ruthanne Mary Deutsch Counsel of Record | Deutsch Hunt, PLLC 300 New Jersey Ave., NW, Suite 900 Washington, DC 20001 rdeutsch@deutschhunt.com | 2028686915 |
| Party name: Chamber of Commerce of the United States of America | ||
| Gregory Jacob Dubinsky Counsel of Record | Holwell Shuster & Goldberg, LLP 425 Lexington Avenue New York, NY 10017 gdubinsky@hsgllp.com | (646) 837-5151 |
| Party name: Former Federal and Local Judges | ||
| Jose A. Hernandez-Mayoral Counsel of Record | Hernandez Mayoral Law Offices 206 Tetuan Suite 702 San Juan, PR 00901 jose@hernandezmayoral.com | 787-607-4867 |
| Party name: Former Governors Sila M. Calderon and Alejandro Garcia Padilla | ||
| Jose A. Hernandez-Mayoral | Hernandez Mayoral Law Offices 206 Tetuan Suite 702 San Juan, PR 00901 jose@hernandezmayoral.com | 787-607-4867 |
| Party name: Sila M. Calderón, Alejandro García Padilla | ||
| Robert Mark Loeb Counsel of Record | Orrick, Herrington & Sutcliffe LLP 1152 15th Street, NW Washington, DC 20005 rloeb@orrick.com | 202-339-8475 |
| Party name: DRA Entities | ||
| Jorge Martinez-Luciano Counsel of Record | ML & RE Law Office 513 Juan J. Jimenez St. San Juan, PR 00918 jorge@mlrelaw.com | 7879992972 |
| Party name: Elected Officers of the Commonwealth of Puerto Rico | ||
| Alan Michael Mygatt-Tauber Counsel of Record | Law Office of Alan Mygatt-Tauber 10089 Ashley Circle NW Silverdale, WA 98383 alan@amtappeals.com | 253-271-9585 |
| Party name: Alan Mygatt-Tauber | ||
| Daniel Moshe Ortner Counsel of Record | Pacific Legal Foundation 930 G Street Sacramento, CA 95814 dortner@pacificlegal.org | 9164197111 |
| Party name: Pacific Legal Foundation | ||
| John-Russell Bart Pate Counsel of Record | The Pate Law Firm P.O. Box 890 St. Thomas, VI 00804 pate@sunlawvi.com | 3407777283 |
| Party name: Virgin Islands Bar Association | ||
| Julissa Reynoso Counsel of Record | Winston & Strawn LLP 200 Park Avenue New York, NY 10166 jreynoso@winston.com | 212-294-4756 |
| Party name: Autonomous Municipality of San Juan | ||
| David N. Rosen Counsel of Record | David Rosen & Associates PC 400 Orange Street New Haven, CT 06511 drosen@davidrosenlaw.com | 2037873513 |
| Party name: Scholars of Constitutional Law and Legal History | ||
| Steven S. Rosenthal Counsel of Record | Loeb & Loeb LLP 901 New York Avenue NW, Suite 300 East Washington, DC 20001 srosenthal@loeb.com | (202) 618-5000 |
| Party name: Equally American Legal Defense and Education Fund | ||
| Anthony Michael Sabino Counsel of Record | Sabino & Sabino, P.C. 92 Willis Avenue, 2nd Floor Mineola, NY 11501 Anthony.Sabino@sabinolaw.com | 516-294-3199 |
| Party name: Anthony Michael Sabino | ||
| 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 Foundation | ||
| Ilya Shapiro Counsel of Record | Cato Institute 1000 Massachusetts Ave., NW Washington, DC 20001 ishapiro@cato.org | 2028420200 |
| Party name: Cato Institute | ||