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Docket for 07-636
No. 07-636
Title:
Kari Ellen Kennedy, Executrix of the Estate of William Patrick Kennedy, Deceased, Petitioner
v.
Plan Administrator for DuPont Savings and Investment Plan, et al.
Docketed:November 15, 2007
Lower Ct:United States Court of Appeals for the Fifth Circuit
  Case Nos.:(05-41851)
  Decision Date:August 15, 2007
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Nov 13 2007 Petition for a writ of certiorari filed. (Response due December 17, 2007)
Dec 4 2007 Order extending time to file response to petition to and including January 16, 2008.
Jan 15 2008 Brief of respondents E.I DuPont De Nemours and Company, et al. in opposition filed.
Jan 24 2008 Reply of petitioner Kari E. Kennedy filed.
Jan 30 2008 DISTRIBUTED for Conference of February 15, 2008.
Feb 19 2008 Petition GRANTED limited to Question 3 presented by the petition.
Mar 4 2008 Record received from U.S.C.A. for the 5th Circuit. (1 envelope)
Mar 12 2008 Record received from the U.S.D.C. for the Eastern District of Texas. (1 box)
Mar 20 2008 The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including May 5, 2008.
May 5 2008 Joint appendix filed. (Statement of costs received)
May 5 2008 Brief of petitioner Kari E. Kennedy filed.
May 12 2008 Brief amicus curiae of AARP in support of neither party filed.
May 12 2008 Brief amicus curiae of United States in support of neither party filed.
May 28 2008 The time within which to file respondents' brief on the merits is extended to and including July 8, 2008.
Jun 9 2008 SET FOR ARGUMENT ON Tuesday October 7, 2008.
Jul 3 2008 CIRCULATED
Jul 8 2008 Brief of respondents Plan Administrator for DuPont Savings and Investment Plan, et al. filed. (DISTRIBUTED)
Jul 15 2008 Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 15 2008 Brief amicus curiae of Western Conference of Teamsters Pension Trust Fund filed. (Distributed)
Jul 15 2008 Motion for leave to file amici brief filed by American Benefits Council, et al.
Jul 17 2008 Opposition of petitioner in response to motion of amici American Benefits Council, et al. for leave to file a brief as amici curiae.
Jul 22 2008 Letter of consent to the filing of the motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument from counsel for the petitioner filed.
Aug 7 2008 Reply of petitioner Kari E. Kennedy filed. (Distributed)
Sep 5 2008 Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 5 2008 Motion for leave to file amici brief filed by American Benefits Council, et al. GRANTED.
Sep 30 2008 Exhibits received from the U.S.D.C. for the Eastern District of Texas.
Oct 7 2008 Argued. For petitioner: David A. Furlow, Houston, Tex. For United States as amicus curiae: Leondra R. Kruger, Assistant to the Solicitor General, Department of Justice, Washington, D.C. For respondents: Mark I. Levy, Washington, D.C.
Oct 28 2008 The parties are directed to file supplemental briefs addressing the following question: Whether 29 U.S.C. �1104(a)(1)(D), mandating administration of a plan in accordance with plan documents, required that the distribution in question be made to Liv Kennedy, even on the assumption that a waiver of her interest was not otherwise subject to statutory bar. The briefs, not to exceed 4,500 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, November 10, 2008. Amicus curiae briefs, not to exceed 3,000 words, may be filed with the Clerk and served upon counsel for the parties on or before 2 p.m., Monday, November 10, 2008.
Nov 10 2008 Supplemental brief of respondents filed. (Distributed)
Nov 10 2008 Supplemental brief of petitioner filed. (Distributed)
Nov 10 2008 Supplemental brief of United States supporting respondents filed. (Distributed)
Jan 26 2009 Adjudged to be AFFIRMED. Souter, J., delivered the opinion for a unanimous Court.
Feb 27 2009 JUDGMENT ISSUED.
Jun 16 2009 Record returned to the U.S.C.A. for the 5th Circuit.
Jun 16 2009 Record returned to U.S.D.C. for the Eastern District of Texas.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Stacy L. Kelly 1925 Lexington(713) 408-8134
    Counsel of RecordHouston, TX  77098
slkesq55@comcast.net
Party name: Kari Ellen Kennedy, Executrix of the Estate of William Patrick Kennedy, Deceased
 
David A. Furlow Thompson & Knight LLP(713) 654-8111
333 Clay Street, Suite 3300
Houston, TX  77002
Party name: Kari Ellen Kennedy, Executrix of the Estate of William Patrick Kennedy, Deceased
Attorneys for Respondents:
Mark I. Levy Kilpatrick Stockton, LLP(202) 824-1437
    Counsel of Record607 14th Street, NW
Suite 900
Washington, DC  20005
mlevy@kilpatrickstockton.com
Party name: Plan Administrator for DuPont Savings and Investment Plan, et al.
 
Raymond M. Ripple E. I. DuPont De Nemours & Co.(302) 773-3072
Legal D-7012
1007 Market Street
Wilmington, DE  19898
Raymond.M.Ripple@USA.dupont.com
Party name: E. I. DuPont De Nemours and Company, et al.
Other:
R. Bradford Huss 120 Montgomery Street, 23rd Floor(415) 788-3111
San Francisco, CA  94104
Party name: Western Conference of Teamsters Pension Trust Fund
 
Edwin S. Kneedler Deputy Solicitor General(202) 514-2217
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
Party name: United States in support of neither party
 
Leondra Reid Kruger Assistant to the Solicitor General(202)-514-4038
Department of Justice
Washington, DC  20530
Party name: Kari E. Kennedy, et al. v. Plan Administrator for DuPont Savings and Investment Plan, et al.
 
Kent A. Mason Davis & Harman LLP(202)-347-2230
1455 Pennsylvania Avenue, N.W.
Suite 1200
Washington, DC  20004
kmason@davis-harman.com
Party name: American Benefits Council, et al.
 
Mary Ellen Signorille AARP Foundation Litigation(202) 434-2060
601 E. Street, NW
Washington, DC  20049
msignorille@aarp.org
Party name: AARP
November 26, 2014 | Version 2014.1