| No. 23-124 |
|
| Title: |
William K. Harrington, United States Trustee, Region 2, Petitioner v. Purdue Pharma L.P., et al. |
| Docketed: | August 10, 2023 |
| Linked with: | 23A87 |
| 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) |
| Decision Date: | May 30, 2023 |
| Questions Presented | |
| Jul 28 2023 | Application (23A87) for a stay, submitted to Justice Sotomayor. Proof of Service Main Document Lower Court Orders/Opinions |
| Jul 28 2023 | Petition for a writ of certiorari filed. (See order of August 10, 2023) |
| 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 Document Proof 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 Document Proof 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 Document Proof of Service |
| Aug 04 2023 | Response to application from respondent Debtors, Purdue Pharma L.P., and Its Affiliates filed. Main Document Proof of Service |
| Aug 04 2023 | Response to application from respondent Multi-State Governmental Entities Group filed. Main Document Proof of Service |
| Aug 04 2023 | Response to application from respondent City of Grande Prairie, et al. filed. Main Document Proof of Service |
| Aug 04 2023 | Response to application from respondent The Ad Hoc Committee of Governmental and Other Contingent Litigation Claimants filed. Main Document Proof of Service |
| Aug 07 2023 | Reply of applicant William K. Harrington filed. Proof of Service Reply |
| 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 Document Proof 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 | Petition GRANTED. |
| 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. |
| Aug 21 2023 | The following briefing schedule is established: The joint appendix, petitioner's brief on the merits, and the brief of any respondent in support, is to be filed on or before Wednesday, September 20, 2023. Respondents' briefs on the merits are to be filed on or before Friday, October 20, 2023. Any reply brief is to be filed in accordance with Rule 25.3. |
| Sep 14 2023 | Letter of respondents California, Connecticut and Oregon notifying the Clerk that they will not be filing or joining a brief on the merits filed. Main Document Proof of Service |
| Sep 20 2023 | Brief of petitioner William K. Harrington, United States Trustee, Region 2 filed. Main Document Proof of Service |
| Sep 20 2023 | Joint appendix (Volume 1) filed. (Statement of cost for 2 vols. filed.) Proof of Service Main Document |
| Sep 20 2023 | Joint appendix (Volume 2) filed. Main Document |
| Sep 20 2023 | Brief of respondent Ellen Isaacs, on behalf of Patrick Ryan Wroblewski, in support filed. Main Document Certificate of Word Count Proof of Service |
| Sep 20 2023 | Brief of respondents City of Grande Prairie, as representative plaintiff for a class consisting of all Canadian municipalities, et al., in support filed. Main Document Other Certificate of Word Count Proof of Service |
| Sep 21 2023 | Brief amici curiae of The Honorable Eugene Wedoff (Ret.), et al. filed. Main Document Certificate of Word Count Proof of Service |
| Sep 26 2023 | Brief amici curiae of Martin J. Bienenstock, et al. filed. Main Document Certificate of Word Count Proof of Service |
| Sep 27 2023 | Brief amici curiae of NexPoint Advisors, L.P., et al. filed. Main Document Certificate of Word Count Proof of Service |
| Sep 27 2023 | Brief amicus curiae of American College of Bankruptcy in support of neither party filed. Main Document Certificate of Word Count Proof of Service |
| Sep 27 2023 | Brief amicus curiae of Insolvency Law Committee of Business Law Section of California Lawyers Association in support of neither party filed. Main Document Certificate of Word Count Proof of Service |
| Sep 27 2023 | Brief amicus curiae of Adam J. Levitin filed. Main Document Certificate of Word Count Proof of Service |
| Sep 27 2023 | Brief amici curiae of The Commercial Law League of America, et al. in support of neither party filed. Main Document Proof of Service Certificate of Word Count |
| Sep 27 2023 | Brief amicus curiae of Kim Harold Peterson filed. Main Document Certificate of Word Count Proof of Service |
| Sep 27 2023 | Brief amicus curiae of Atlantic Basin Refining, Inc. filed. Main Document Certificate of Word Count Proof of Service |
| Sep 27 2023 | Brief amici curiae of Bankruptcy Law Professors Ralph Brubaker, et al. filed. Main Document Certificate of Word Count Proof of Service |
| Sep 27 2023 | Brief amici curiae of "Texas Two-Step" Victims filed. Main Document Certificate of Word Count Proof of Service |
| Sep 27 2023 | Brief amici curiae of Bankruptcy Law Professors (Oct. 4, 2023) filed. Main Document Proof of Service Certificate of Word Count |
| Sep 27 2023 | Brief amicus curiae of Federation of Sovereign Indigenous Nations filed. (Distributed) Main Document Proof of Service Certificate of Word Count |
| Oct 12 2023 | SET FOR ARGUMENT on Monday, December 4, 2023. |
| Oct 16 2023 | Record requested from the United States Court of Appeals for the Second Circuit. |
| Oct 18 2023 | Complete record on appeal from the United States Court of Appeals for the Second Circuit electronically received and available with the Clerk. |
| Oct 19 2023 | CIRCULATED |
| Oct 20 2023 | Brief of respondents The Official Committee of Unsecured Creditors of Purdue Pharma L.P., et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 20 2023 | Brief of respondent Multi-State Governmental Entities Group filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 20 2023 | Brief of respondents Ad Hoc Group of Individual Victims of Purdue Pharma, L.P., et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 20 2023 | Brief of respondents The Ad Hoc Committee of Governmental and Other Contingent Litigation Claimants filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 20 2023 | Brief of Debtor Respondents filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 20 2023 | Brief of Mortimer-Side Initial Covered Sackler Respondents filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 20 2023 | Letter of respondent Raymond Sackler Family filed. Main Document |
| Oct 23 2023 | Brief amici curiae of The Arkansas Opiod Recovery Partnership, The Association of Arkansas Counties, and the Arkansas Municipal League filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 25 2023 | Brief amici curiae of The Recovery Advocacy Project, et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 26 2023 | Brief amicus curiae of Certain Former Commissioners of the American Bankruptcy Institute's Commission to Study the Reform of Chapter 11 filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2023 | Brief amicus curiae of U.S. Conference of Catholic Bishops filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2023 | Brief amici curiae of Law Professors filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2023 | Brief amici curiae of Boy Scouts of America filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2023 | Brief amicus curiae of The Association of the Bar of the City of New York filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2023 | Brief amicus curiae of The Association of the Bar of the City of New York filed. Main Document Certificate of Word Count Proof of Service |
| Oct 27 2023 | Brief amici curiae of The Chamber Of Commerce Of The United States Of America, The American Tort Reform Association, The Product Liability Advisory Counsel, Inc., And The National Association Of Manufacturers filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2023 | Brief amici curiae of Cheryl Juaire, et al. filed. (Distributed) Main Document Proof of Service Certificate of Word Count |
| Oct 27 2023 | Brief amicus curiae of Ad Hoc Group of Local Councils of the Boy Scouts of America filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2023 | Brief amici curiae of Aldrich Pump LLC, Murray Boiler LLC, and Bestwall LLC filed. (Hard copy correction required and received--11/2/23.) (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2023 | Brief amicus curiae of Highland Capital Management, L.P. filed. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 27 2023 | Motion for divided argument filed by the debtor respondents and the creditor respondents. Main Document Proof of Service |
| Nov 06 2023 | Motion for divided argument filed by debtor respondents and creditor respondents GRANTED. |
| Nov 20 2023 | Reply of respondents City of Grand Prairie, et al., in support filed. (Distributed) Main Document Proof of Service Certificate of Word Count |
| Nov 20 2023 | Reply of petitioner filed. (Distributed) Main Document Proof of Service |
| Dec 04 2023 | Argued. For petitioner: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents Purdue Pharma L.P., et al.: Gregory G. Garre, Washington, D. C. For respondents The Official Committee of Unsecured Creditors of Purdue Pharma L.P., et al.: Pratik A. Shah, Washington, D. C. |
| Jun 27 2024 | Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Thomas, Alito, Barrett, and Jackson, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Roberts, C. J., and Sotomayor and Kagan, JJ., joined. |
| Jul 29 2024 | Judgment Issued. Main Document |