| No. 23A87 | |
| Title: | William K. Harrington, United States Trustee, Region 2, Applicant v. Purdue Pharma L.P., et al. |
| Docketed: | July 28, 2023 |
| Linked with 23-124 | |
| Lower Ct: | United States Court of Appeals for the Second Circuit |
| Case Numbers: | (22-110, 22-113, 22-115, 22-116, 22-117, 22-119, 22-121, 22-299, 22-203) |
| Date | Proceedings and Orders |
| Jul 28 2023 | Application (23A87) for a stay, submitted to Justice Sotomayor. |
| Proof of ServiceMain DocumentLower Court Orders/Opinions | |
| Jul 28 2023 | Response to application (23A87) requested by Justice Sotomayor, due by noon (EDT), Friday, August 4, 2023. |
| Aug 04 2023 | Response to application from respondent State of California, et al. filed. |
| Main DocumentProof of Service | |
| Aug 04 2023 | Response to application from respondent Ad Hoc Group of Individual Victims of Purdue Pharma, L.P., et al. filed. |
| Main DocumentProof of Service | |
| Aug 04 2023 | Response to application from respondent The Official Committee of Unsecured Creditors of Purdue Pharma L.P., et al. filed. |
| Main DocumentProof of Service | |
| Aug 04 2023 | Response to application from respondent Debtors, Purdue Pharma L.P., and Its Affiliates filed. |
| Main DocumentProof of Service | |
| Aug 04 2023 | Response to application from respondent Multi-State Governmental Entities Group filed. |
| Main DocumentProof of Service | |
| Aug 04 2023 | Response to application from respondent City of Grande Prairie, et al. filed. |
| Main DocumentProof of Service | |
| Aug 04 2023 | Response to application from respondent The Ad Hoc Committee of Governmental and Other Contingent Litigation Claimants filed. |
| Main DocumentProof of Service | |
| Aug 07 2023 | Reply of applicant William K. Harrington filed. |
| Proof of ServiceReply | |
| Aug 08 2023 | Sur-Reply to Application of Debtors, Purdue Pharma L.P., and Its Affiliates not accepted for filing. (August 08, 2023) |
| Aug 09 2023 | Motion to Direct the Clerk to File a Sur-Reply filed by respondent Debtors, Purdue Pharma L.P., and Its Affiliates. |
| Main DocumentProof of Service | |
| Aug 09 2023 | Motion to Direct the Clerk to File a Sur-Reply denied by Justice Sotomayor. |
| Aug 10 2023 | Application (23A87) referred to the Court. |
| Aug 10 2023 | Application (23A87) granted by the Court. The application for stay presented to Justice Sotomayor and by her referred to the Court is granted. The mandate of the United States Court of Appeals for the Second Circuit in case No. 22-110 and the consolidated cases is recalled and stayed. Applicant suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted. The parties are directed to brief and argue the following question: Whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under Chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claimants’ consent. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the December 2023 argument session. The stay shall terminate upon the sending down of the judgment of this Court. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Elizabeth B. Prelogar 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: William K. Harrington | ||
| Attorneys for Respondents | ||
| Joshua Patashnik Counsel of Record | California Department of Justice 600 West Broadway, Suite 1800 San Diego, CA 92101 JOSH.PATASHNIK@DOJ.CA.GOV | 619-738-9628 |
| Party name: State of California | ||
| Brian Thomas Edmunds Counsel of Record | Office of the Attorney General 200 St. Paul Place Baltimore, MD 21202 bedmunds@oag.state.md.us | 410-576-6578 |
| Party name: State of Maryland | ||
| John Christopher Shore Counsel of Record | White & Case LLP 1221 Avenue of the Americas New York, NY 10020-1095 cshore@whitecase.com | (212) 819-8394 |
| Party name: Ad Hoc Group of Individual Victims of Purdue Pharma, L.P., et al. | ||
| Joseph Carl Cecere Counsel of Record | Cecere, PC 6035 McCommas Blvd. Dallas, TX 75206 ccecere@cecerepc.com | 469-600-9455 |
| Party name: City of Grande Prairie, as representative plaintiff for a class consisting of all Canadian municipalities, the Cities of Brantford, Grand Prairie, Lethbridge, and Wetaskiwin, the Peter Ballantyne Cree Nation, on behalf of all Canadian First Nations and Metis Peoples, the Peter Ballantyne Cree Nation, and the Lac La Ronge Indian Band | ||
| Kevin C. Maclay Counsel of Record | Caplin and Drysdale, Chartered One Thomas Circle, NW Suite 1100 Washington, DC 20005 KMACLAY@CAPDALE.COM | 202-862-7841 |
| Party name: Multi-State Governmental Entities Group | ||
| Jeffrey Allen Liesemer | Caplin & Drysdale, Chartered One Thomas Circle, N.W., Suite 1100 Washington, DC 20005 jliesemer@capdale.com | 2028625007 |
| Party name: Multi-State Governmental Entities Group | ||
| Ze-wen Julius Chen Counsel of Record | Akin Gump Strauss Hauer & Feld LLP 2001 K Street N.W. Washington, DC 20006 chenj@akingump.com | 202-887-4475 |
| Party name: The Official Committee of Unsecured Creditors of Purdue Pharma L.P., et al. | ||
| Roy T. Englert Jr. Counsel of Record | Kramer Levin Naftalis & Frankel LLP 2000 K Street NW 4th Floor Washington, DC 20006 RENGLERT@KRAMERLEVIN.COM | 2027754503 |
| Party name: The Ad Hoc Committee of Governmental and Other Contingent Litigation Claimants | ||
| Gregory George Garre Counsel of Record | Latham & Watkins LLP 555 Eleventh Street, NW Suite 1000 Washington, DC 20004 GREGORY.GARRE@LW.COM | 202-637-2207 |
| Party name: Debtors, Purdue Pharma L.P., and Its Affiliates | ||