U.S. Bank National Association v. Windstream Holdings, Inc.
Petition for certiorari denied on October 2, 2023
Issue: (1) Whether the lack of statutory and constitutional basis for the equitable mootness doctrine, combined with its demonstrated potential for abuse, requires it to be abolished; and (2) whether the U.S. Court of Appeals for the 2nd Circuit"s rule that an appeal from a substantially consummated bankruptcy plan is automatically equitably moot if the appellant did not pursue a stay, regardless of a stay"s availability or any other equitable factors, undermines any prudential purpose for the doctrine.
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| Date | Proceedings and Orders |
|---|---|
| 03/15/2023 | Petition for a writ of certiorari filed. (Response due April 24, 2023) |
| 03/31/2023 | Motion to extend the time to file a response from April 24, 2023 to May 24, 2023, submitted to The Clerk. |
| 04/04/2023 | Motion to extend the time to file a response is granted and the time is extended to and including May 24, 2023, for all respondents. |
| 04/18/2023 | Brief amici curiae of A Group of Bankruptcy Law Professors filed. |
| 05/24/2023 | Brief of respondent Elliott Investment Management L.P. in opposition filed. |
| 05/24/2023 | Brief of respondent Windstream Holdings, Inc. in opposition filed. |
| 06/09/2023 | Reply of petitioner U.S. Bank National Association filed. |
| 06/14/2023 | DISTRIBUTED for Conference of 9/26/2023. |
| 10/02/2023 | Petition DENIED. |