| No. 18-1496 Vide 18-1334, 18-1475, 18-1514, 18-1521 | |
| Title: | Official Committee of Unsecured Creditors of All Title III Debtors Other Than COFINA, Petitioner v. Aurelius Investment, LLC, et al. |
| Docketed: | May 31, 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 |
| May 28 2019 | Petition for a writ of certiorari filed. (Response due July 1, 2019) |
| PetitionCertificate of Word CountProof of Service | |
| May 28 2019 | Motion to expedite filed by petitioner Official Committee of Unsecured Creditors of all Title III Debtors other than Cofina. |
| Main DocumentProof of Service | |
| Jun 12 2019 | Waiver of right of respondents Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp. to respond filed. |
| Main Document | |
| 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 |
| Aug 01 2019 | CIRCULATED |
| Aug 16 2019 | Record requested from the U.S.C.A. 1st Circuit. |
| Aug 26 2019 | The record from the U.S.C.A. 1st Circuit is located on PACER, with the exception of the appendix which has been received by the Clerk electronically. |
| Aug 29 2019 | Record received from the U.S.D.C. District of Puerto Rico is electronic. All other non confidential filings are located on PACER. |
| 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 | ||
| Neal David Mollen Counsel of Record | Paul Hastings LLP 875 15th Street N.W. Suite 1100 Washington, DC 20005 nealmollen@paulhastings.com | 202-551-1700 |
| Party name: Official Committee of Unsecured Creditors of all Title III Debtors other than Cofina | ||
| Attorneys for Respondents | ||
| Theodore B. Olson Counsel of Record | Gibson Dunn & Crutcher LLP 1050 Connecticut Avenue, NW Washington, DC 20036 tolson@gibsondunn.com | (202) 955-8668 |
| Party name: Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp. | ||
| 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 | ||
| Other | ||
| Adriel I. Cepeda Derieux Counsel of Record | ACLU 125 Broad Street, 18th Floor New York, NY 10004-2400 ACepedaDerieux@aclu.org | 2125492500 |
| Party name: AMERICAN CIVIL LIBERTIES UNION AND THE ACLU OF PUERTO RICO | ||
| 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 | ||
| 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: Sila M. Calderon, Alejandro Garcia Padilla | ||