Flagstar Bank v. Kivett

Petition granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 9th Circuit for further consideration in light of Cantero v. Bank of America.

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-349	9th Cir.	N/A	N/A	N/A	N/A	OT 2023

Issue: Whether the National Bank Act preempts state laws that, like California Civil Code " 2954.8(a), attempt to set the terms on which federally chartered banks may offer mortgage escrow accounts authorized by federal law. CVSG: 8/30/2023

SCOTUSblog Coverage

Preemption of consumer protection laws, bankruptcy claims, COVID mandates and ... Chevron deference again? (John Elwood, October 11, 2023)
Court takes up civil rights tester case (Amy Howe, March 27, 2023)
Homeowners ask the justices to enforce a New York consumer-protection law against banks (Kalvis Golde, January 7, 2023)

Date	Proceedings and Orders (key to color coding)
10/11/2022	Petition for a writ of certiorari filed. (Response due November 14, 2022)
10/19/2022	Waiver of right of respondent William Kivett, et al. to respond filed.
10/25/2022	DISTRIBUTED for Conference of 11/10/2022.
10/27/2022	Response Requested. (Due November 28, 2022)
11/09/2022	Motion to extend the time to file a response from November 28, 2022 to December 13, 2022, submitted to The Clerk.
11/10/2022	Response to motion to extend the time to file a response from petitioner filed.
11/10/2022	Motion to extend the time to file a response is granted and the time is extended to and including December 13, 2022.
11/23/2022	Brief amici curiae of Bank Policy Institute, et al. filed.
12/01/2022	Motion to further extend the time to file a response from December 13, 2022 to December 28, 2022, submitted to The Clerk.
12/02/2022	Response to motion to further extend the time to file a response from petitioner filed.
12/02/2022	Motion to further extend the time to file a response denied.
12/08/2022	Letter from counsel for petitioner regarding amendment to corporate disclosure statement filed.
12/13/2022	Brief of respondents William Kivett, et al. in opposition filed.
12/16/2022	Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
12/20/2022	Reply of petitioner Flagstar Bank, N.A. filed. (Distributed)
12/21/2022	DISTRIBUTED for Conference of 1/6/2023.
01/03/2023	Rescheduled.
01/11/2023	DISTRIBUTED for Conference of 2/17/2023.
01/17/2023	Rescheduled.
03/08/2023	DISTRIBUTED for Conference of 3/24/2023.
03/13/2023	Supplemental brief of petitioner Flagstar Bank, N.A. filed. (Distributed)
03/27/2023	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
08/30/2023	Brief amicus curiae of United States filed. VIDED.
09/13/2023	DISTRIBUTED for Conference of 10/6/2023.
09/13/2023	Supplemental brief of petitioner Flagstar Bank, N.A. filed. (Distributed)
10/10/2023	DISTRIBUTED for Conference of 10/13/2023.
06/03/2024	DISTRIBUTED for Conference of 6/6/2024.
06/10/2024	Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Cantero v. Bank of America, N.A., 602 U. S. ___ (2024).
07/12/2024	Judgment Issued.