No. 18-1496

Official Committee of Unsecured Creditors of All Title III Debtors Other Than COFINA v. Aurelius Investment, LLC, et al.

Lower Court: First Circuit
Docketed: 2019-05-31
Status: Judgment Issued
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: administrative-law appointments-clause article-ii article-iv constitutional-law federal-jurisdiction financial-oversight financial-oversight-and-management-board financial-oversight-board oversight-board puerto-rico separation-of-powers territorial-clause territorial-governance
Key Terms:
Environmental SocialSecurity Securities Immigration LaborRelations
Latest Conference: 2019-06-20
Related Cases: 18-1334 (Vide) 18-1475 (Vide) 18-1514 (Vide) 18-1521 (Vide)
Question Presented (AI Summary)

Whether the Appointments Clause governs the appointment of members of the Financial Oversight and Management Board for Puerto Rico

Question Presented (from Petition)

QUESTION PRESENTED Whether the Appointments Clause governs the appointment of members of the Financial Oversight and Management Board for Puerto Rico.

Docket Entries

2020-07-06
JUDGMENT ISSUED.
2019-08-29
Record received from the U.S.D.C. District of Puerto Rico is electronic. All other non confidential filings are located on PACER.
2019-08-26
The record from the U.S.C.A. 1st Circuit is located on PACER, with the exception of the appendix which has been received by the Clerk electronically.
2019-08-16
Record requested from the U.S.C.A. 1st Circuit.
2019-08-01
CIRCULATED
2019-06-20
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 are to bear a yellow cover and are limited to 13,000 words. Parties challenging the First Circuit’s ruling on the de facto officer doctrine issue shall file with the Clerk and serve upon counsel a reply brief limited to that issue on or before 2 p.m., Tuesday, October 8, 2019. The briefs are to bear a tan cover and are limited to 6,000 words. Amicus curiae briefs challenging the First Circuit’s ruling on the Appointments Clause issue and/or supporting the ruling on the de facto officer doctrine issue are to be filed on or before Thursday, August 1, 2019. The briefs are to bear a light green cover and are limited to 9,000 words. Amicus curiae briefs supporting the First Circuit’s ruling on the Appointments Clause issue and/or challenging the ruling on the de facto officer doctrine issue are to be filed on or before Thursday, August 29, 2019. The briefs are to bear a dark green cover and are limited to 9,000 words. An amicus curiae shall file only a single brief.
2019-06-17
DISTRIBUTED for Conference of 6/20/2019.
2019-06-12
Waiver of right of respondents Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp. to respond filed.
2019-05-28
Petition for a writ of certiorari filed. (Response due July 1, 2019)
2019-05-28
Motion to expedite filed by petitioner Official Committee of Unsecured Creditors of all Title III Debtors other than Cofina.

Attorneys

AMERICAN CIVIL LIBERTIES UNION AND THE ACLU OF PUERTO RICO
Adriel I. Cepeda DerieuxACLU, Amicus
Adriel I. Cepeda DerieuxACLU, Amicus
Aurelius Investment, LLC, Aurelius Opportunities Fund, LLC, Lex Claims, LLC, Assured Guaranty Corp., and Assured Guaranty Municipal Corp.
Theodore B. OlsonGibson Dunn & Crutcher LLP, Respondent
Theodore B. OlsonGibson Dunn & Crutcher LLP, Respondent
Finanical Oversight and Management Board for Puerto Rico
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Respondent
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Respondent
Official Committee of Unsecured Creditors of all Title III Debtors other than Cofina
Neal David MollenPaul Hastings LLP, Petitioner
Neal David MollenPaul Hastings LLP, Petitioner
Sila M. Calderon, Alejandro Garcia Padilla
Jose A. Hernandez-MayoralHernandez Mayoral Law Offices, Amicus
Jose A. Hernandez-MayoralHernandez Mayoral Law Offices, Amicus
United States
Noel J. FranciscoSolicitor General, Amicus
Noel J. FranciscoSolicitor General, Amicus