Calcutt v. Federal Deposit Insurance Corp.
Holding: After determining that the Federal Deposit Insurance Corp. had made two legal errors in adjudicating petitioner’s case, the U.S. Court of Appeals for the 6th Circuit’s proper course was to remand the matter back to the FDIC for further consideration; the 6th Circuit erred by conducting its own review of the record and affirming the FDIC’s sanctions against petitioner based on a legal rationale different from the one adopted by the FDIC.
Judgment: Reversed and remanded in a per curiam opinion on May 22, 2023.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Oct 17 2022 | Application (22A330) to extend the time to file a petition for a writ of certiorari from December 14, 2022 to January 30, 2023, submitted to Justice Kavanaugh. |
| Oct 21 2022 | Application (22A330) granted by Justice Kavanaugh extending the time to file until January 30, 2023. |
| Jan 30 2023 | Petition for a writ of certiorari filed. (Response due March 3, 2023) |
| Feb 17 2023 | Motion to extend the time to file a response from March 3, 2023 to April 3, 2023, submitted to The Clerk. |
| Feb 21 2023 | Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2023. |
| Feb 24 2023 | Brief amicus curiae of Americans for Prosperity Foundation filed. |
| Mar 01 2023 | Brief amicus curiae of Washington Legal Foundation filed. |
| Mar 02 2023 | Brief amicus curiae of Separation of Powers Clinic filed. |
| Mar 03 2023 | Brief amicus curiae of The American Association of Bank Directors filed. |
| Mar 03 2023 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. |
| Mar 03 2023 | Brief amicus curiae of New Civil Liberties Alliance filed. |
| Apr 03 2023 | Brief for the respondent Federal Deposit Insurance Corporation filed. |
| Apr 19 2023 | DISTRIBUTED for Conference of 5/11/2023. |
| Apr 19 2023 | Reply of petitioner Harry C. Calcutt filed. (Distributed) |
| May 15 2023 | DISTRIBUTED for Conference of 5/18/2023. |
| May 22 2023 | The petition for a writ of certiorari is granted limited to the first question presented. The judgment of the Court of Appeals for the Sixth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion. Opinion per curiam. (Detached Opinion) |
| Jun 23 2023 | Judgment issued. |
