| No. 21-1270 | |
| Title: | MOAC Mall Holdings LLC, Petitioner v. Transform Holdco LLC, et al. |
| Docketed: | March 21, 2022 |
| Lower Ct: | United States Court of Appeals for the Second Circuit |
| Case Numbers: | (20- 1846(L)) |
| Decision Date: | December 17, 2021 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Mar 17 2022 | Petition for a writ of certiorari filed. (Response due April 20, 2022) |
| PetitionCertificate of Word CountProof of Service | |
| Mar 24 2022 | Motion to extend the time to file a response from April 20, 2022 to May 20, 2022, submitted to The Clerk. |
| Main Document | |
| Mar 25 2022 | Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2022. |
| May 20 2022 | Brief of respondents Transform Holdco LLC and Sears Holdings Corporation in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| May 27 2022 | Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioner. |
| Main Document | |
| May 31 2022 | DISTRIBUTED for Conference of 6/16/2022. |
| May 31 2022 | Reply of petitioner MOAC Mall Holdings LLC filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 21 2022 | DISTRIBUTED for Conference of 6/23/2022. |
| Jun 27 2022 | Petition GRANTED. |
| Jul 12 2022 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jul 22 2022 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2022. The time to file respondents' on the merits is extended to and including October 19, 2022. |
| Aug 23 2022 | Blanket Consent filed by Petitioner, MOAC Mall Holdings LLC |
| Blanket Consent | |
| Aug 29 2022 | Brief of petitioner MOAC Mall Holdings LLC filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 29 2022 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Aug 30 2022 | Brief amici curiae of The Hon. Judith Fitzgerald (Bankruptcy Judge, Ret.), et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 06 2022 | Brief amicus curiae of United States filed. |
| Main DocumentProof of Service | |
| Sep 08 2022 | Blanket Consent filed by Respondent, Transform Holdco LLC and Sears Holdings Corporation |
| Blanket ConsentProof of Service | |
| Oct 18 2022 | SET FOR ARGUMENT on Monday, December 5, 2022. |
| Oct 19 2022 | Brief of respondent Transform Holdco LLC filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 24 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
| Main DocumentProof of Service | |
| Oct 25 2022 | CIRCULATED. |
| Oct 28 2022 | Record requested from the U.S.C.A. 2nd Circuit. |
| Oct 28 2022 | Record received from the U.S.C.A. for the Second Circuit. The record is electronic and available on PACER, excluding one sealed item (docket 82) which was transmitted electronically. |
| Nov 07 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. |
| Nov 18 2022 | Reply of petitioner MOAC Mall Holdings LLC filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 05 2022 | Argued. For petitioner: Douglas H. Hallward-Driemeier, Washington, D. C.; and Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: G. Eric Brunstad, Jr., New Haven, Conn. |
| Jan 20 2023 | Record received from the U.S.D.C. for the Southern District of New York (1 envelope with sealed documents 18, 19 & 21). |
| Apr 19 2023 | Judgment VACATED and case REMANDED. Jackson, J., delivered the opinion for a unanimous Court. |
| May 17 2023 | Record returned to the U.S.D.C. for the Southern District of New York (1 envelope with sealed documents 18, 19 & 21). |
| May 22 2023 | Judgment issued. |
| Main Document |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Douglas Harry Hallward-Driemeier Counsel of Record | Ropes & Gray, LLP 2099 Pennsylvania Avenue, NW Washington, DC 20006-6807 Douglas.Hallward-Driemeier@ropesgray.com | 202-508-4776 |
| Party name: MOAC Mall Holdings LLC | ||
| Attorneys for Respondents | ||
| George Eric Brunstad Jr. Counsel of Record | Dechert LLP 199 Lawrence Street New Haven, CT 06511 Eric.Brunstad@dechert.com | 860 524 3960 |
| Party name: Transform Holdco LLC | ||
| Other | ||
| David R. Kuney Counsel of Record | 9200 Cambridge Manor Court Potomac, MD 20854 davidkuney@dkuney.com | 301-299-4336 |
| Party name: The Hon. Judith Fitzgerald (Bankruptcy Judge, Ret.), and Law Professors Pamela Foohey, George Kuney, Robert Lawless, Jonathan Lipson, Bruce A. Markell, Nancy Rapoport, Richard Squire, Ray Warner and Jack Williams | ||
| Elizabeth B. Prelogar | United States Department of Justice
950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: United States | ||