No. 19-643

John Hurry, et al. v. Financial Industry Regulatory Authority, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2019-11-19
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: civil-rights constitutional-law due-process finra immunity law-enforcement-powers private-corporation regulatory-authority securities-industry securities-regulation state-action state-actor tort-immunity
Key Terms:
Securities
Latest Conference: 2020-04-17 (distributed 2 times)
Question Presented (AI Summary)

Whether FINRA, an ostensibly private corporation invested with vast powers to regulate the securities industry, is absolutely immune from any claims arising out of tortious misconduct during a raid conducted at a private place of business

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether FINRA, an_ ostensibly private corporation invested with vast powers to regulate the securities industry, is absolutely immune from any claims arising out of tortious misconduct during a raid conducted at a private place of business. 2. Whether FINRA, by virtue of its close nexus with the federal government and the fact that it has been delegated extensive law enforcement powers, is a state actor for purposes of the Constitution. LIST OF ALL PARTIES TO PROCEEDINGS BELOW Plaintiffs: John J. Hurry, Justine Hurry, Investment Services Corp., Hurry Family Revocable Trust d/t/d October 18, 2011 amended November 26, 2012, Investment Services Partners LLC, Scottsdale Capital Advisors Partners LLC, SCAP I LLC, SCAP II LLC, SCAP III LLC, SCAP 4 LLC, SCAP 6 LLC, SCAP 7 LLC, SCAP 8 LLC, SCAP 9 LLC, SCAP 10 LLC, BRICFM LLC d/b/a Corner of Paradise Ice Cream Store, CJ3 LLC, Association of Securities Dealers LLC, SCAP 5 LLC, Investment Services Capital LLC, Investment Services Holdings Corp., NEWCONMGT LLC, ISC LLC, ISHC LLC, NEWMGT LLC, SCAINTL LLC, FLJH {00104473;2} ili LLC, ASD Holding Company LLC, and Hurry Foundation. Defendants: Financial Industry Regulatory Authority, Inc., and Scott M. Andersen {00104473;2}

Docket Entries

2020-04-20
Petition DENIED.
2020-04-01
DISTRIBUTED for Conference of 4/17/2020.
2020-03-26
Reply of petitioners John Hurry, et al. filed. DISTRIBUTED
2020-03-13
Brief of respondents Financial Industry Regulatory Authority, Inc., et al. in opposition filed.
2020-01-17
Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2020.
2020-01-15
Motion to extend the time to file a response from February 13, 2020 to March 13, 2020, submitted to The Clerk.
2020-01-14
Response Requested. (Due February 13, 2020)
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-19
Waiver of right of respondent Financial Industry Regulatory Authority, Inc., et al. to respond filed.
2019-11-12
Petition for a writ of certiorari filed. (Response due December 19, 2019)

Attorneys

Financial Industry Regulatory Authority, Inc., et al.
Gregory Alan DavisSquire Patton Boggs (US) LLP, Respondent
Gregory Alan DavisSquire Patton Boggs (US) LLP, Respondent
Gregory Sumner SchneiderSquire Patton Boggs (US) LLP, Respondent
Gregory Sumner SchneiderSquire Patton Boggs (US) LLP, Respondent
John Hurry, et al.
Charles John HarderHARDER LLP, Petitioner
Charles John HarderHARDER LLP, Petitioner