Decided

No. 21-1270

MOAC Mall Holdings LLC v. Transform Holdco LLC, et al.

from the United States Court of Appeals for the Second Circuit

See other cases from the Second Circuit.

Docket Entries

Judgment issued.

Record returned to the U.S.D.C. for the Southern District of New York (1 envelope with sealed documents 18, 19 & 21).

Judgment VACATED and case REMANDED. Jackson, J., delivered the opinion for a unanimous Court.

Record received from the U.S.D.C. for the Southern District of New York (1 envelope with sealed documents 18, 19 & 21).

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.

Reply of petitioner MOAC Mall Holdings LLC filed. (Distributed)

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.

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.

Record requested from the U.S.C.A. 2nd Circuit.

CIRCULATED.

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.

Brief of respondent Transform Holdco LLC filed.

Brief amicus curiae of United States filed.

Brief amici curiae of The Hon. Judith Fitzgerald (Bankruptcy Judge, Ret.), et al. filed.

Joint appendix filed. (Statement of costs filed)

Brief of petitioner MOAC Mall Holdings LLC filed.

Blanket Consent filed by Petitioner, MOAC Mall Holdings LLC

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.

Motion for an extension of time to file the briefs on the merits filed.

Petition GRANTED.

DISTRIBUTED for Conference of 6/23/2022.

Reply of petitioner MOAC Mall Holdings LLC filed. (Distributed)

DISTRIBUTED for Conference of 6/16/2022.

Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioner.

Brief of respondents Transform Holdco LLC and Sears Holdings Corporation in opposition filed.

Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2022.

Motion to extend the time to file a response from April 20, 2022 to May 20, 2022, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due April 20, 2022)

Parties

MOAC Mall Holdings LLC, Petitioner, represented by Douglas Harry Hallward-Driemeier

Transform Holdco LLC, Respondent, represented by George Eric Brunstad Jr.

Amici Curiae

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, Amicus Curiae, represented by David R. Kuney

United States, Amicus Curiae, represented by Elizabeth B. Prelogar

 
Last updated: October 15, 2024