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Delaware v. Pennsylvania and Wisconsin

Docket No. Argument Opinion Vote Author Term
22o145 Oct 3, 2022 Feb 28, 2023 9-0 Jackson OT 2022

Holding: Recommendations in the Special Master"s First Interim Report concluding that the escheatment of certain financial instruments relevant to this case should follow the Federal Disposition Act are adopted to the extent they are consistent with the court"s opinion, and Delaware"s objections are overruled.

Judgment: Remanded, 9-0, in an opinion by Justice Jackson on February 28, 2023. Justice Jackson delivered the opinion for a unanimous court with respect to Parts I, II, III, and IV"A, and the opinion of the court with respect to Part IV"B, in which Chief Justice Roberts and Justices Sotomayor, Kagan, and Kavanaugh joined.

DateProceedings and Orders (key to color coding)
05/25/2016Documents filed with the Special Master may be found on the Special Master's website at http://ww2.ca2.uscourts.gov/specialmaster/special_145.html
05/26/2016Motion for leave to file a bill of complaint filed.
06/03/2016Brief and Motion for Leave to file Counterclaim filed by Wisconsin.
06/14/2016Brief in response of defendant Pennsylvania filed.
06/21/2016Letter from State of Wisconsin received.
06/23/2016Reply of petitioner Delaware, Plaintiff filed.
07/06/2016Brief amicus curiae of Moneygram Payment Systems, Inc. filed.
08/01/2016Brief amicus curiae of Unclaimed Property Professionals Organization filed.
08/24/2016DISTRIBUTED for Conference of September 26, 2016.
10/03/2016The Motion for leave to file a Bill of Complaint and the Motion for leave to file a Counterclaim are granted. This case is consolidated with Original 146 and the parties are allowed thirty days within which to file answers to the Bills of Complaint and the Counterclaims.
10/10/2016Motion For leave to amend Bill of Compliant filed by Arkansas, et al.,. (NOT PRINTED) (VIDED)
10/28/2016Pennsylvania's Answer and Counterclaims to Delaware's Bill of Complaint filed. (VIDED)
10/31/2016Answer of the State of Wisconsin to the Bill of Complaint filed.(VIDED)
11/01/2016Answer to Wisconsin's Counterclaim filed by Delaware (VIDED)
11/01/2016Answer to Counterclaim filed by Arkansas, et al., Plaintiffs. (VIDED)
11/01/2016Answer to Arkansas, et al.'s Bill of Complaint filed by Delaware filed. (VIDED)
11/07/2016DISTRIBUTED for Conference of November 22, 2016.
11/11/2016Motion for leave to file bill of third party complaint filed by defendant Pennsylvania. (VIDED).
11/18/2016Answer to Pennsylvania's Counterclaim filed by Delaware.(VIDED)
11/28/2016The motion of Arkansas, et al., for leave to amend the Bill of Complaint is granted.
12/06/2016It has been suggested that the parties are in agreement on the facts relevant to a decision in this action. If this is the case, the parties are invited to file a stipulation of facts in this Court on or before 60 days from the date of this order. If such a stipulation is filed, the Court will set a schedule for briefing the legal issues. If such a stipulation is not timely filed, a Special Master will be appointed to conduct any necessary discovery and to make proposed findings of fact, and the case will proceed in the usual manner.
12/28/2016Brief of MoneyGram Payment Systems, Inc. in opposition to Motion for Leave to File Bill of Third Party Complaint filed. VIDED.
01/09/2017Motion for leave to amend Bill of Complaint filed by Delaware, Plaintiff. (VIDED)
01/09/2017Motion for leave to amend Countercliam filed by defendant Delaware, (VIDED)
01/11/2017Reply of respondent Pennsylvania in further support of motion for leave to file Bill of Third Party Complaint filed. VIDED.
01/18/2017Response to Delaware's Motion for Leave to Amend Bill of Complaint from Defendant Pennsylvania filed.(VIDED)
01/24/2017Response in opposition to Delaware's motion for leave to amend bill of complaint from Wisconsin filed.(VIDED)
01/26/2017Response in opposition to Delaware's motion for leave to amend counterclaim from Arkansas, et al., filed.(VIDED)
02/01/2017Letter from the Parties in Response to Court's order of December 6, 2016.(VIDED)
02/03/2017Reply Brief in support of Motions for leave to amend Bill of Complaint and Counterclaim filed by Delaware, (VIDED)
02/15/2017DISTRIBUTED for Conference of March 3, 2017.
03/29/2017It is ordered that the Honorable Pierre N. Leval, of New York, New York, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The cost of printing his Reports, and all other proper expenses, including travel expenses, shall be submitted to the Court.
03/31/2017Oath of Special Master filed
07/27/2021First Interim Report of the Special Master received (also as to No. 145, Orig.)
07/27/2021Because the Court has consolidated this case with No. 146, Original, future filings and activity in the cases will now be reflected on the docket of No. 145, Original. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 145. Each document submitted in connection with one or both of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in only one of the cases, the docket entry will reflect the case number in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
10/04/2021The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days. VIDED.
11/18/2021Exceptions to Report of the Special Master and 2 volumes of appendix filed by Delaware. VIDED.
11/18/2021Motion for leave to file Volume III of appendix under seal filed by Delaware.
11/24/2021Brief amicus curiae of American Bankers Association filed. VIDED.
12/20/2021Reply to Delaware's exceptions to Report of Special Master filed by Arkansas, et al. VIDED.
12/20/2021Motion for leave to file Volume III of appendix under seal filed by Arkansas, et al.
12/27/2021Brief amicus curiae of Unclaimed Property Professionals Organization filed. VIDED.
01/19/2022Sur-reply in support of exceptions to the Report of the Special Master filed by Delaware. VIDED.
01/26/2022DISTRIBUTED for Conference of 2/18/2022..
02/22/2022Motion of Delaware for leave to file Volume III of its appendix under seal GRANTED. VIDED.
02/22/2022Motion of Arkansas, et al. for leave to file Volume III of their appendix under seal GRANTED. VIDED.
02/22/2022The Exceptions to the Special Master Report are set for oral argument in due course. VIDED.
06/14/2022ARGUMENT SET FOR Monday, October, 3, 2022. VIDED.
07/21/2022CIRCULATED
10/03/2022Argued. For Delaware: Neal K. Katyal, Washington, D. C. For Arkansas, et al.: Nicholas J. Bronni, Solicitor General, Little Rock, Ark. VIDED.
12/13/2022Second Interim Report of the Special Master received.
12/20/2022The Second Interim Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed by January 10, 2023. Replies, if any, with supporting briefs, may be filed by January 20, 2023. VIDED.
01/10/2023Brief amicus curiae of American Bankers Association supporting neither party filed. VIDED. (Distributed)
01/10/2023Exceptions to the Second Interim Report of the Special Master filed by Arkansas, et al. VIDED. (Distributed)
01/10/2023Exceptions to the Second Interim Report of the Special Master filed by Delaware. VIDED. (Distributed)
01/20/2023Reply to exceptions to Second Interim Report of the Special Master filed by Arkansas, et al. VIDED. (Distributed)
01/20/2023Reply to exceptions to Second Interim Report of the Special Master filed by Delaware. VIDED. (Distributed)
02/28/2023Exceptions to Special Master’s First Interim Report overruled; First Interim Report and order adopted to the extent consistent with this opinion; and cases remanded. Jackson, J., delivered the opinion for a unanimous Court with respect to Parts I, II, III, and IV–A, and the opinion of the Court with respect to Part IV–B, in which Roberts, C. J., and Sotomayor, Kagan, and Kavanaugh, JJ., joined. VIDED.
11/22/2024Joint stipulation to dismiss the petition pursuant to Rule 46.1 filed.
12/02/2024Petition Dismissed - Rule 46.
12/02/2024The Honorable Pierre N. Leval, of New York, New York, the Special Master in this case, is hereby discharged with the thanks of the Court.