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Flagstar Bank v. Kivett

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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

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