Whether the Supreme Court's decision in Rutledge v. Pharmaceutical Care Management Association clarifies the standard for statutory preemption of state law claims under ERISA

No question identified. : APPLICATION FOR EXTENSION OF TIME IN WHICH TO FILE A PETITION FOR A WRIT OF CERTIORARI TO: The Honorable Kentanji Brown Jackson, Associate Justice of the Supreme Court of the United States and Circuit Justice for the United States Court of Appeals for the District of Columbia Circuit: Pursuant to 28 U.S.C. § 2101(c) and Rule 13.5 of the Rules of this Court, Applicant Scott Cannon respectfully requests an extension of sixty (60) days in which to file a petition for a writ of certiorari in this case. The U.S. Court of Appeals for the First Circuit issued its decision on March 19, 2025. See Scott Cannon, Admr. v. Blue Cross and Blue Sheild of Massachusetts, 132 F.4th 86 (1st Cir. 2025); App. Exh. 1. The First Circuit denied a petition for rehearing en banc on May 14, 2025. App. Exh. 2. Absent extension, the deadline for filing a petition for writ of certiorari is August 12, 2025. With the requested extension, the petition would be due on October 11, 2025. This application is being filed at least ten days before the petition is due. The jurisdiction of this Court will be invoked under 28 U.S.C. § 1254(1). In support of this application, Applicant states: 1. The petition for certiorari in this case will present a question that should be addressed to provide direction to the federal courts of appeals: whether this Court’s decision in Rutledge v. Pharmaceutical Care Management Association, 592 U.S. 80 (2020) clarifies the test for statutory preemption under 29 U.S.C. § 1144 of a state law claim for wrongful death? 2. This case presents an important question for federal courts. As a result, there is a reasonable prospect that this Court will grant the petition, such that it warrants additional time for these important questions to be fully addressed. 3. Applicant’s counsel is working diligently to prepare the petition, but need additional time to research, complete, print, and file Applicant’s petition. Of note, the undersigned had to prepare for a civil jury trial in June 2025 and has to prepare for another civil jury trial beginning August 18, 2025. 6. In light of these obligations, Applicant’s counsel would face significant challenges completing the petition by the current due date. For these reasons, Applicant requests that this Court grant an extension of sixty (60) days to and including October 11, 2025, within which to file a petition for a writ of certiorari in this case. August 1, 2025 Respectfully submitted, /s/ Louis C. Schneider LOUIS C. SCHNEIDER Counsel of Record THOMAS LAW OFFICES, PLLC 250 East Fifth Street Ste. 440 Cincinnati, OH 45202 (513) 360-6480