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Cunningham v. Cornell University

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Docket No. Op. Below Argument Opinion Vote Author Term
23-1007 2nd Cir. Jan 22, 2025
 TBD TBD TBD OT 2024

Issue: Whether a plaintiff can state a claim by alleging that a plan fiduciary engaged in a transaction constituting a furnishing of goods, services, or facilities between the plan and a party in interest, as proscribed by 29 U.S.C. § 1106(a)(1)(C), or whether a plaintiff must plead and prove additional elements and facts not contained in the provision’s text.

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DateProceedings and Orders (key to color coding)
Mar 11 2024Petition for a writ of certiorari filed. (Response due April 12, 2024)
Apr 05 2024Waiver of right of respondents Cornell University, et al. to respond filed.
Apr 17 2024DISTRIBUTED for Conference of 5/9/2024.
Apr 18 2024Response Requested. (Due May 20, 2024)
May 09 2024Motion to extend the time to file a response from May 20, 2024 to June 19, 2024, submitted to The Clerk.
May 13 2024Motion to extend the time to file a response is granted and the time is extended to and including June 20, 2024, for all respondents.
Jun 11 2024Motion to extend the time to file a response from June 20, 2024 to July 22, 2024, submitted to The Clerk.
Jun 12 2024Motion to extend the time to file a response is granted and the time is further extended to and including July 22, 2024.
Jul 22 2024Brief of respondents Cornell University, et al. in opposition filed.
Aug 05 2024Reply of petitioners Casey Cunningham, et al. filed.
Sep 04 2024DISTRIBUTED for Conference of 9/30/2024.
Oct 04 2024Petition GRANTED.
Oct 25 2024Motion for an extension of time to file the briefs on the merits filed.
Oct 31 2024SET FOR ARGUMENT on Wednesday, January 22, 2025.
Oct 31 2024Motion to extend the time to file the briefs on the merits granted. The time for filing the joint appendix and petitioner's brief on the merits is extended to and including November 22, 2024. The time for filing respondents' brief on the merits is extended to and including December 27, 2024. The reply brief on the merits is due to be filed in compliance with Rule 25.3 on or before 2 p.m., Friday, January 10, 2025, and Rule 29.2 does not apply.