Whether a district court must resolve disputes about expert evidence when determining class certification under Federal Rule of Civil Procedure 23(b)(3), or may certify a class based solely on finding the evidence admissible

No question identified. : 30-day extension would put the deadline on Saturday, November 29, meaning that under this Court’s Rule 30.1, the petition would be due on Monday, December 1. This Court’s jurisdiction would be invoked under 28 U.S.C. §1254(1). 2. This antitrust class action presents the question whether, when putative class plaintiffs offer expert evidence to prove predominance under Federal Rule of Civil Procedure 23(b)(8) and the defendant disputes that the evidence proves predominance, a district court must resolve that dispute or, instead, may certify a class based merely ona finding that the evidence is admissible and a reasonable juror could credit it. The Second Circuit held the latter—that the district court did not need to resolve the disputes about the plaintiffs’ expert evidence because once the district court found the evidence admissible, the court could only deny class certification if no reasonable juror could credit that evidence. That holding conflicts with decisions of other courts of appeals and departs from this Court’s precedent in multiple ways. The question is important because in damages class actions, plaintiffs frequently rely on expert evidence to satisfy predominance, defendants oppose that showing with their own expert evidence, and district courts are called upon to address the parties’ disputes. 3. The extension of time is requested because undersigned counsel from Wilmer Cutler Pickering Hale and Dorr LLP, who represent Banc of America Securities LLC and Merrill Lynch, Pierce, Fenner & Smith Incorporated, are preparing the petition and will require time to coordinate with the seven other co-applicants and their respective counsel on the single petition. Undersigned counsel from WilmerHale also have other obligations during the weeks leading up to and just after the current deadline, including: oral argument on October 16 in Chen v. Bank of America, N.A., No. 3:25-ev 03790-EMC (N.D. Cal.); a rehearing petition due to the Eighth Circuit on October 20 in Medtronic, Inc. v. Commissioner of Internal Revenue (Nos. 23-3063, 23-3281); a response brief due to the Fifth Circuit on October 27 in United States ex rel. Palmer v. Tata Consultancy Services, Ltd. (No. 25-40368); a response to a rehearing petition due to the Fourth Circuit on October 30 in United States v. Mosby (No. 24-4304); oral argument in the D.C. Circuit on November 5 in Rodriguez v. Pan American Health Organization (No. 24-7135); and oral argument on November 6 in Quinn v. Vanguard Marketing Corporation, No. 2:25-cv-01153-KNS (E.D.P.A.). 4. Applicants therefore request a 30-day extension of time for filing a petition for a writ of certiorari in this case. October 8, 2025 ROBERT D. WICK COVINGTON & BURLING LLP One City Center 850 10th Street N.W. Washington, D.C. 20001 (202) 662-5487 rwick@cov.com ANDREW A. RUFFINO DEBORAH MALAMUD COVINGTON & BURLING LLP 30 Hudson Yards New York, N.Y. 10001 (212) 841-1000 aruffino@cov.com dmalamud@cov.com Counsel for J.P. Morgan Securities LLC Respectfully submitted. /s/ Noah A. Levine NOAH A. LEVINE Counsel of Record WILMER CUTLER PICKERING HALE AND DORR LLP 7 World Trade Center 250 Greenwich Street New York, N.Y. 10007 (212) 230-8800 DANIEL S. VOLCHOK WILMER CUTLER PICKERING HALE AND DORR LLP 2100 Pennsylvania Avenue N.W. Washington, D.C. 20037 (202) 663-6000 Counsel for Banc of America Securities LLC and Merrill Lynch, Pierce, Fenner & Smith Incorporated JAYANT W. TAMBE LAURA WASHINGTON SAWYER RAJEEV MUTTREJA JONES DAY 250 Vesey Street New York, N.Y. 10281-1047 (212) 326-3604 jtambe@jonesday.com MICHAEL P. CONWAY JONES DAY 110 N. Upper Wacker Drive Chicago, IL 60606 (312) 269-4145 Counsel for Wells Fargo Bank, N.A., Wachovia Bank, N.A., and Wells Fargo Securities LLC BRAD S. KARP SUSANNA M. BUERGEL PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, N.Y. 10019-6064 (212) 373-3553 bkarp@paulweiss.com Counsel for Citigroup Global Markets Inc. BORIS BERSHTEYN