No. 17-1712
 
Title: James J. Thole, et al., Petitioners
v.
U.S. Bank N.A., et al.
Docketed: June 27, 2018
Linked with: 17A1210
Lower Ct: United States Court of Appeals for the Eighth Circuit
   Case Numbers: (16-1928)
   Decision Date: October 12, 2017
   Rehearing Denied: February 22, 2018
Questions Presented
 
Proceedings and Orders
May 01 2018 Application (17A1210) to extend the time to file a petition for a writ of certiorari from May 23, 2018 to July 20, 2018, submitted to Justice Gorsuch.
Main Document Lower Court Orders/Opinions Lower Court Orders/Opinions Proof of Service
May 03 2018 Application (17A1210) granted by Justice Gorsuch extending the time to file until June 22, 2018.
Jun 22 2018 Petition for a writ of certiorari filed. (Response due July 27, 2018)
Jul 13 2018 Motion to extend the time to file a response from July 27, 2018 to August 27, 2018, submitted to The Clerk.
Jul 17 2018 Motion to extend the time to file a response is granted and the time is extended to and including August 27, 2018.
Aug 22 2018 Brief of respondents U.S. Bank, N.A., et al. in opposition filed.
Sep 05 2018 DISTRIBUTED for Conference of 9/24/2018.
Sep 05 2018 Reply of petitioners James J. Thole, et al. filed. (Distributed)
Oct 01 2018 The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 21 2019 Brief amicus curiae of United States filed.
Jun 04 2019 DISTRIBUTED for Conference of 6/20/2019.
Jun 04 2019 Supplemental brief of respondents U.S. Bank, N.A., et al. filed. (Distributed)
Jun 26 2019 DISTRIBUTED for Conference of 6/27/2019.
Jun 28 2019 Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners have demonstrated Article III standing.
Jul 03 2019 Joint motion for an extension of time to file the briefs on the merits filed.
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 September 11, 2019. The time to file respondents' brief on the merits is extended to and including November 12, 2019.
Sep 04 2019 Blanket Consent filed by Petitioners, James J. Thole, et al.
Sep 11 2019 Joint appendix filed. (Statement of costs filed.)
Sep 11 2019 Brief of petitioners James J. Thole, et al. filed.
Sep 17 2019 Brief amici curiae of Law Professors filed.
Sep 17 2019 Brief amicus curiae of Public Citizen filed.
Sep 18 2019 Brief amicus curiae of United States filed.
Sep 18 2019 Brief amicus curiae of Pension Rights Center filed.
Sep 18 2019 Brief amicus curiae of National Association of Home Builders in support of neither party filed.
Sep 18 2019 Brief amici curiae of AARP and AARP Foundation filed.
Nov 08 2019 SET FOR ARGUMENT on Monday, January 13, 2020.
Nov 12 2019 Brief of respondents U.S. Bank, N.A., et al. filed.
Nov 18 2019 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 18 2019 Brief amicus curiae of New England Legal Foundation filed.
Nov 19 2019 Brief amicus curiae of Washington Legal Foundatoin filed.
Nov 19 2019 Brief amici curiae of The Chamber of Commerce of the United States of America, The American Benefits Council, and The ERISA Industry Committee filed.
Nov 26 2019 CIRCULATED
Dec 03 2019 Record requested from the U.S.C.A. 8th Circuit.
Dec 09 2019 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 12 2019 Reply of petitioners James J. Thole, et al. filed. (Distributed)
Dec 12 2019 Record received from the U.S.C.A. 8th Circuit. (1 Box)
Jan 13 2020 Argued. For petitioners: Peter K. Stris, Los Angeles, Cal.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Joseph R. Palmore, Washington, D. C.
Jan 27 2020 Record received from the U.S.D.C. District of Minnesota is electronic.
May 06 2020 Amendment to Rule 29.6 Corporate Disclosure Statement filed by respondents. (Distributed)
May 18 2020 Second amendment to Rule 29.6 Corporate Disclosure Statement filed. (Distributed)
Jun 01 2020 Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined.
Jul 06 2020 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
Peter K. Stris
Counsel of Record
Stris and Maher LLP
17785 Center Court Dr N
Suite 600
Cerritos, CA 90703

PSTRIS@STRIS.COM
Ph: 2139956800
Party name: James J. Thole, et al.


Attorneys for Respondents
Joseph Russell Palmore
Counsel of Record
Morrison & Foerster LLP
2100 L Street, NW
Suite 900
Washington, DC 20037

JPALMORE@MOFO.COM
Ph: 202-887-6940
Party name: U.S. Bank N.A., et al.


Stephen Paul Lucke
Dorsey & Whitney LLP
50 South Sixth Street
Suite 1500
Minneapolis, MN 55402

lucke.steve@dorsey.com
Ph: 612-343-7947
Party name: U.S. Bank N.A., et al.


Other Attorneys
Noel John Francisco
Jones Day
51 Louisiana Avenue, NW
Washington, DC 20001

NJFRANCISCO@JONESDAY.COM
Ph: (202) 879-3939
Party name: United States


Elizabeth Hopkins
Kantor & Kantor, LLP
9301 Corbin Ave.
Suite 1400
Northridge, CA 91324

EHOPKINS@KANTORLAW.NET
Ph: (818) 886-2525
Party name: Pension Rights Center


Nandan Maheshchandra Joshi
Public Citizen Litigation Group
1600 20th Street, NW
Washington, DC 20009

NJOSHI@CITIZEN.ORG
Ph: (202) 588-1000
Party name: Public Citizen


Brian David Netter
Mayer Brown LLP
1999 K Street NW
Washington, DC 20006

bnetter@mayerbrown.com
Ph: 202-263-3000
Party name: The Chamber of Commerce of the United States of America, The American Benefits Council, and The ERISA Industry Committee


Erin M. Riley
Keller Rohrback, L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101

eriley@kellerrohrback.com
Ph: 206-623-1900
Party name: Law Professors


Benjamin G. Robbins
New England Legal Foundation
333 Washington Street
Suite 850
Boston, MA 02108

brobbins@newenglandlegal.org
Ph: 617 695 3660
Party name: New England Legal Foundation


Richard A. Samp
New Civil Liberties Alliance
1225 19th Street NW, Suite 450
Washington, DC 20036

rasamp@verizon.net
Ph: 202-869-5210
Party name: Washington Legal Foundatoin


Dara Swartz Smith
AARP Foundation Litigation
601 E St, . NW
Washington, DC 20049

dsmith@aarp.org
Ph: 12024346280
Party name: AARP and AARP Foundation


Thomas Jon Ward
National Association of Home Builders
1201 15th Street, NW
Washington, DC 20005

tward@nahb.org
Ph: 202 266-8200
Party name: National Association of Home Builders