Argued

No. 18-1334

Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC, et al.

from the United States Court of Appeals for the First Circuit

See other cases from the First Circuit.

Docket Entries

Argued. For Financial Oversight and Management Board for Puerto Rico: Donald B. Verrilli, Jr., Washington, D. C. For United States: Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For Aurelius Investment, LLC, et al.: Theodore B. Olson, Washington, D. C. For UTIER: Jessica E. Méndez-Colberg, Ponce, P. R. VIDED.

Reply of respondents Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp. filed. VIDED. (Distributed)

Reply of respondent Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) filed. VIDED (Distributed)

Reply of respondent Official Committee of Unsecured Creditors of All Title III Debtors (other than COFINA) filed. VIDED. (Distributed)

Upon consideration of the August 29, 2019 motions for divided argument, a total of 80 minutes is allotted for consolidated oral argument on both questions presented, and the time is divided as follows: 20 minutes to the Financial Oversight and Management Board, 20 minutes to the Solicitor General, 30 minutes to Aurelius Investment, LLC, et al., and 10 minutes to UTIER. VIDED.

Motion of the Solicitor General for enlargement of time for oral argument and for divided argument GRANTED IN PART. VIDED.

Joint motion of Aurelius Investment, LLC, et al., and Union de Trabajadores de la Industria Electrica y Riego, Inc. (UTIER) for enlargement of time for oral argument and for divided argument GRANTED IN PART. VIDED.

Motion for divided argument filed by Puerto Rico Fiscal Agency and Financial Advisory Authority DENIED. VIDED.

Brief amici curiae of Former Federal and Local Judges filed. VIDED. (Distributed)

Brief amici curiae of Scholars of Constitutional Law and Legal History filed. VIDED. (Distributed)

Brief amicus curiae of Virgin Islands Bar Association filed. VIDED. (Distributed)

Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED. (Distributed)

Brief amici curiae of American Civil Liberties Union Foundation and the ACLU of Puerto Rico filed. VIDED. (Distributed)

Brief amicus curiae of Cato Institute filed. VIDED. (Distributed)

Brief amici curiae of Former Governors Sila M. Calderon and Alejandro Garcia Padilla filed (also in 18-1496 & 18-1514). VIDED. (Distributed)

Brief amicus curiae of Equally American Legal Defense and Education Fund in support of neither party filed. VIDED. (Distributed)

Brief amicus curiae of Autonomous Municipality of San Juan filed. VIDED. (Distributed)

U.S.D.C. District of Puerto Rico record is located on pacer. Confidential filings received in electronic format.

Brief amicus curiae of Washington Legal Foundation filed. VIDED. (Distributed)

Motion for divided argument filed by Puerto Rico Fiscal Agency and Financial Advisory Authority. VIDED.

Motion of the Solicitor General for enlargement of time for oral argument and for divided argument filed. VIDED.

Letter Request for The Puerto Rico Fiscal Agency and Financial Advisory Authority to be heard at oral argument on behalf of appellants on Appointments Clause issue of Puerto Rico Fiscal Agency and Financial Advisory Authority not accepted for filing. (September 06, 2019)

Joint motion of Aurelius Investment, LLC, et al., and Union de Trabajadores de la Industria Electrica y Riego, Inc. (UTIER) for enlargement of time for oral argument and for divided argument filed. VIDED.

Brief amicus curiae of Pacific Legal Foundation filed. VIDED. (Distributed)

Brief amici curiae of Elected Officers of the Commonwealth of Puerto Rico filed. VIDED. (Distributed)

The record from the U.S.C.A. 1st Circuit is located on PACER, with the exception of the appendix which was received electronically.

Brief of respondent Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) filed. VIDED. (Distributed)

Brief of respondents Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp. filed. VIDED. (Distributed)

Brief amicus curiae of Former Governor of Puerto Rico, Anibal Acevedo-Vila filed. VIDED. (Distributed)

Brief amicus curiae of Anthony Michael Sabino filed (in 18-1334). (Distributed)

Record requested from the U.S.C.A. 1st Circuit.

CIRCULATED

Brief amicus curiae of DRA Entities filed. VIDED. (Distributed)

Brief amicus curiae of Alan Mygatt-Tauber filed. VIDED. (Distributed)

Blanket Consent filed by Puerto Rico Fiscal Agency and Financial Advisory Authority

Brief of The Official Committee of Retired Employees of the Commonwealth of Puerto Rico filed. VIDED.

Brief of Finanical Oversight and Management Board for Puerto Rico filed. VIDED

Joint appendix filed. VIDED. (Statement of costs filed)

Brief of Official Committee of Unsecured Creditors of all Title III Debtors (other than COFINA) filed. VIDED.

Brief of United States filed. VIDED.

Brief of Puerto Rico Fiscal Agency and Financial Advisory Authority filed. VIDED.

Blanket Consent filed by Official Committee of Unsecured Creditors of All Title III Debtors (other than COFINA).

Blanket Consent filed by Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp.

Blanket Consent filed by The Official Committee of Retired Employees of the Commonwealth of Puerto Rico.

Blanket Consent filed by Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”).

Blanket Consent filed by United States.

Letter of COFINA Senior Bondholders’ Coalition filed.

Blanket Consent filed by Finanical Oversight and Management Board for Puerto Rico.

Blanket Consent filed by COFINA Senior Bondholders’ Coalition.

SET FOR ARGUMENT on Tuesday, October 15, 2019. VIDED

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 18-1334. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 18-1334. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Petition GRANTED. The petitions for writs of certiorari in Nos. 18-1334, 18-1475, 18-1496, 18-1514 and 18-1521 are granted. The cases are consolidated, and will be set for argument in the second week of the October 2019 argument session. Parties challenging the First Circuit’s ruling on the Appointments Clause issue shall file an opening brief on that issue on or before Thursday, July 25, 2019. The briefs are to bear a light blue cover and are limited to 15,000 words. Parties supporting the First Circuit’s ruling on the Appointments Clause issue and challenging the ruling on the de facto officer doctrine issue shall file a consolidated opening brief on or before Thursday, August 22, 2019. The briefs are to bear a light red cover and are limited to 20,000 words. Parties challenging the First Circuit’s ruling on the Appointments Clause issue and supporting the ruling on the de facto officer doctrine issue shall file a consolidated opening brief and reply on or before Thursday, September 19, 2019. The briefs...

DISTRIBUTED for Conference of 6/20/2019.

Letter of June 11, 2019 from respondents Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) filed.

Letter of June 10, 2019 from counsel for the Financial Oversight and Management Board for Puerto Rico filed.

Corporate Disclosure Statement filed with respect to brief in opposition of respondents Union de Trabajadores de la Industria Electrica y Riego, Inc. (UTIER).

Brief of respondents Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”) in opposition filed.

Response to petition from respondents Aurelius Investment, LLC, et al. filed.

Letter of Solicitor General received.

Petition for a writ of certiorari filed. (Response due May 24, 2019)

Parties

Finanical Oversight and Management Board for Puerto Rico, Petitioner, represented by Donald B. Verrilli Jr.

Puerto Rico Fiscal Agency and Financial Advisory Authority, Petitioner, represented by Walter Dellinger

Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp., Respondent, represented by Theodore B. Olson

COFINA Senior Bondholders’ Coalition, Respondent, represented by Kathleen Marie Sullivan

Official Committee of Unsecured Creditors of All Title III Debtors (other than COFINA), Respondent, represented by Neal David Mollen

The Official Committee of Retired Employees of the Commonwealth of Puerto Rico, Respondent, represented by Ian Heath Gershengorn

Unión de Trabajadores de la Industria Eléctrica y Riego, Inc. (“UTIER”), Respondent, represented by Jessica Esther Mendez

United States, Respondent, represented by Noel J. Francisco

Amici Curiae

Alan Mygatt-Tauber, Amicus Curiae, represented by Alan Michael Mygatt-Tauber

American Civil Liberties Union Foundation and the ACLU of Puerto Rico, Amicus Curiae, represented by Adriel I. Cepeda Derieux

Anthony Michael Sabino, Amicus Curiae, represented by Anthony Michael Sabino

Autonomous Municipality of San Juan, Amicus Curiae, represented by Julissa Reynoso

Cato Institute, Amicus Curiae, represented by Ilya Shapiro

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Ruthanne Mary Deutsch

DRA Entities, Amicus Curiae, represented by Robert Mark Loeb

Elected Officers of the Commonwealth of Puerto Rico, Amicus Curiae, represented by Jorge Martinez-Luciano

Equally American Legal Defense and Education Fund, Amicus Curiae, represented by Steven S. Rosenthal

Former Federal and Local Judges, Amicus Curiae, represented by Gregory Jacob Dubinsky

Former Governor of Puerto Rico, Anibal Acevedo-Vila, Amicus Curiae, represented by Anibal S. Acevedo-Vila

Former Governors Sila M. Calderon and Alejandro Garcia Padilla, Amicus Curiae, represented by Jose A. Hernandez-Mayoral

Pacific Legal Foundation, Amicus Curiae, represented by Daniel Moshe Ortner

Scholars of Constitutional Law and Legal History, Amicus Curiae, represented by David N. Rosen

Sila M. Calderón, Alejandro García Padilla, Amicus Curiae, represented by Jose A. Hernandez-Mayoral

Virgin Islands Bar Association, Amicus Curiae, represented by John-Russell Bart Pate

Washington Legal Foundation, Amicus Curiae, represented by Richard A. Samp

 
Last updated: December 11, 2019