Argued

No. 23-124

William K. Harrington, United States Trustee, Region 2 v. Purdue Pharma L.P., et al.

from the United States Court of Appeals for the Second Circuit

See other cases from the Second Circuit.

Docket Entries

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.

Reply of respondents City of Grand Prairie, et al., in support filed. (Distributed)

Reply of petitioner filed. (Distributed)

Motion for divided argument filed by debtor respondents and creditor respondents GRANTED.

Brief amici curiae of Law Professors filed. (Distributed)

Brief amicus curiae of The Association of the Bar of the City of New York filed. (Distributed)

Brief amici curiae of Boy Scouts of America filed. (Distributed)

Brief amicus curiae of U.S. Conference of Catholic Bishops filed. (Distributed)

Motion for divided argument filed by the debtor respondents and the creditor respondents.

Brief amici curiae of Aldrich Pump LLC, Murray Boiler LLC, and Bestwall LLC filed. (Hard copy correction required and received--11/2/23.) (Distributed)

Brief amicus curiae of Highland Capital Management, L.P. filed. (Distributed)

Brief amicus curiae of Ad Hoc Group of Local Councils of the Boy Scouts of America filed. (Distributed)

Brief amici curiae of Cheryl Juaire, et al. filed. (Distributed)

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)

Brief amicus curiae of The Association of the Bar of the City of New York filed.

Brief amicus curiae of Certain Former Commissioners of the American Bankruptcy Institute's Commission to Study the Reform of Chapter 11 filed. (Distributed)

Brief amici curiae of The Recovery Advocacy Project, et al. filed. (Distributed)

Brief amici curiae of The Arkansas Opiod Recovery Partnership, The Association of Arkansas Counties, and the Arkansas Municipal League filed. (Distributed)

Brief of respondent Multi-State Governmental Entities Group filed. (Distributed)

Letter of respondent Raymond Sackler Family filed.

Brief of respondents The Ad Hoc Committee of Governmental and Other Contingent Litigation Claimants filed. (Distributed)

Brief of respondents Ad Hoc Group of Individual Victims of Purdue Pharma, L.P., et al. filed. (Distributed)

Brief of respondents The Official Committee of Unsecured Creditors of Purdue Pharma L.P., et al. filed. (Distributed)

Brief of Mortimer-Side Initial Covered Sackler Respondents filed. (Distributed)

Brief of Debtor Respondents filed. (Distributed)

CIRCULATED

Complete record on appeal from the United States Court of Appeals for the Second Circuit electronically received and available with the Clerk.

Record requested from the United States Court of Appeals for the Second Circuit.

SET FOR ARGUMENT on Monday, December 4, 2023.

Brief amicus curiae of American College of Bankruptcy in support of neither party filed.

Brief amicus curiae of Federation of Sovereign Indigenous Nations filed. (Distributed)

Brief amici curiae of Bankruptcy Law Professors (Oct. 4, 2023) filed.

Brief amici curiae of "Texas Two-Step" Victims filed.

Brief amici curiae of Bankruptcy Law Professors Ralph Brubaker, et al. filed.

Brief amicus curiae of Atlantic Basin Refining, Inc. filed.

Brief amicus curiae of Kim Harold Peterson filed.

Brief amici curiae of The Commercial Law League of America, et al. in support of neither party filed.

Brief amicus curiae of Adam J. Levitin filed.

Brief amicus curiae of Insolvency Law Committee of Business Law Section of California Lawyers Association in support of neither party filed.

Brief amici curiae of NexPoint Advisors, L.P., et al. filed.

Brief amici curiae of Martin J. Bienenstock, et al. filed.

Brief amici curiae of The Honorable Eugene Wedoff (Ret.), et al. filed.

Brief of respondent Ellen Isaacs, on behalf of Patrick Ryan Wroblewski, in support filed.

Brief of respondents City of Grande Prairie, as representative plaintiff for a class consisting of all Canadian municipalities, et al., in support filed.

Brief of petitioner William K. Harrington, United States Trustee, Region 2 filed.

Joint appendix (Volume 2) filed.

Joint appendix (Volume 1) filed.

Letter of respondents California, Connecticut and Oregon notifying the Clerk that they will not be filing or joining a brief on the merits filed.

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.

Petition GRANTED.

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.

Application (23A87) referred to the Court.

Motion to Direct the Clerk to File a Sur-Reply denied by Justice Sotomayor.

Motion to Direct the Clerk to File a Sur-Reply filed by respondent Debtors, Purdue Pharma L.P., and Its Affiliates.

Sur-Reply to Application of Debtors, Purdue Pharma L.P., and Its Affiliates not accepted for filing. (August 08, 2023)

Reply of applicant William K. Harrington filed.

Response to application from respondent Debtors, Purdue Pharma L.P., and Its Affiliates filed.

Response to application from respondent Ad Hoc Group of Individual Victims of Purdue Pharma, L.P., et al. filed.

Response to application from respondent State of California, et al. filed.

Response to application from respondent The Ad Hoc Committee of Governmental and Other Contingent Litigation Claimants filed.

Response to application from respondent City of Grande Prairie, et al. filed.

Response to application from respondent Multi-State Governmental Entities Group filed.

Response to application from respondent The Official Committee of Unsecured Creditors of Purdue Pharma L.P., et al. filed.

Response to application (23A87) requested by Justice Sotomayor, due by noon (EDT), Friday, August 4, 2023.

Application (23A87) for a stay, submitted to Justice Sotomayor.

Petition for a writ of certiorari filed. (See order of August 10, 2023)

Parties

William K. Harrington, United States Trustee, Region 2, Petitioner, represented by Elizabeth B. Prelogar

Ad Hoc Group of Individual Victims of Purdue Pharma, L.P., et al., Respondent, represented by John Christopher Shore

California, Respondent, represented by Joshua Patashnik

City of Grande Prairie, as representative plaintiff for a class consisting of all Canadian municipalities, et al., Respondent, represented by Joseph Carl Cecere

Debtors, Purdue Pharma L.P., and Its Affiliates, Respondent, represented by Gregory George Garre

Ellen Isaacs, on behalf of Patrick Ryan Wroblewski, Respondent, represented by Michael Sague Quinn

Maryland, Respondent, represented by Brian Thomas Edmunds

Mortimer-Side Initial Covered Sackler Respondents, Respondent, represented by Paul D. Clement

Multi-State Governmental Entities Group, Respondent, represented by Jeffrey Allen Liesemer

Multi-State Governmental Entities Group, Respondent, represented by Kevin C. Maclay

Multi-State Governmental Entities Group, Respondent, represented by Neil F. X. Kelly

Raymond Sackler Family, Respondent, represented by Mara Ann Leventhal

The Ad Hoc Committee of Governmental and Other Contingent Litigation Claimants, Respondent, represented by Roy T. Englert Jr.

The Official Committee of Unsecured Creditors of Purdue Pharma L.P., et al., Respondent, represented by Pratik Arvind Shah

The Official Committee of Unsecured Creditors of Purdue Pharma L.P., et al., Respondent, represented by Ze-wen Julius Chen

Amici Curiae

Adam J. Levitin, Amicus Curiae, represented by Daniel R. Walfish

Ad Hoc Group of Local Councils of the Boy Scouts of America, Amicus Curiae, represented by Noel John Francisco

Aldrich Pump LLC, Murray Boiler LLC, and Bestwall LLC, Amicus Curiae, represented by Charles Kevin Marshall

American College of Bankruptcy, Amicus Curiae, represented by Robert Mark Loeb

Atlantic Basin Refining, Inc., Amicus Curiae, represented by Andrew C. Simpson

Bankruptcy Law Professors, Amicus Curiae, represented by Jonathan Charles Lipson

Bankruptcy Law Professors Ralph Brubaker, Bruce A. Markell, and Jonathan M. Seymour, Amicus Curiae, represented by Andrew Kenton Glenn

Boy Scouts of America, Amicus Curiae, represented by Michael Robert Huston

Certain Former Commissioners of the American Bankruptcy Institute's Commission to Study the Reform of Chapter 11, Amicus Curiae, represented by Robert James Keach

Cheryl Juaire, Tiffinee Scott, Dede Yoder, Kathleen Scarpone, Stephanie Lubinski, Lynn Wencus, Gary Carter, Wendy Petrowsky, Kara Trainor, Kathleen Strain, Lindsey Arrington, Shannie Jenkins, Kerri Morales, C.R. Foster, and Robert Prochno, Amicus Curiae, represented by Jamie Billotte Moses

FEDERATION OF SOVEREIGN INDIGENEOUS NATIONS, Amicus Curiae, represented by Timothy Murphy Cornell

Highland Capital Management, L.P., Amicus Curiae, represented by Jeffrey Nathan Pomerantz

Insolvency Law Committee of Business Law Section of California Lawyers Association, Amicus Curiae, represented by Leonard L. Gumport

Kim Harold Peterson, Amicus Curiae, represented by Rupa Gupta Singh

Law Professors, Amicus Curiae, represented by Douglas Harry Hallward-Driemeier

Martin J. Bienenstock And Daniel S. Desatnik, Amicus Curiae, represented by Martin J. Bienenstock

NexPoint Advisors, L.P. and NexPoint Asset Management, L.P., Amicus Curiae, represented by Jeffrey Alan Lamken

"Texas Two-Step" Victims, Amicus Curiae, represented by Deepak Gupta

The Arkansas Opiod Recovery Partnership, The Association of Arkansas Counties, and the Arkansas Municipal League, Amicus Curiae, represented by Colin Robert Jorgensen

The Association of the Bar of the City of New York, Amicus Curiae, represented by Paul Howard Zumbro

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, Amicus Curiae, represented by Robert Edward Dunn

The Commercial Law League of America and The National Bankruptcy Venue Reform Committee, Amicus Curiae, represented by Douglas Barrett Rosner

The Honorable Eugene Wedoff (Ret.) and Law Professors Sara Green, George Kuney, Stephen Lubben, and Lawrence Ponoroff, Amicus Curiae, represented by David R. Kuney

The Recovery Advocacy Project, the Kennedy Forum, End Overdose, and Team Sharing Inc., Amicus Curiae, represented by Jennifer Lynne Shelfer

U.S. Conference of Catholic Bishops, Amicus Curiae, represented by Traci L. Lovitt

 
Last updated: May 17, 2024