Lowery v. Joffe
Petition for certiorari denied on October 3, 2022
Issues: (1) Whether, or in what circumstances, a cy pres
award that provides no direct relief or benefit
to class members comports with the Federal Rule of Civil Procedure 23(e)
requirement that a settlement binding class
members must be “fair, reasonable, and adequate"; and (2) whether Rule 23(b)(3) permits certification of
a class where the district court has found that
class members cannot be ascertained or even
self-identify without an individualized “difficult
and expensive” inquiry.
Date | Proceedings and Orders (key to color coding) |
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Mar 16 2022 | Application (21A519) to extend the time to file a petition for a writ of certiorari from May 4, 2022 to June 3, 2022, submitted to Justice Kagan. |
Mar 18 2022 | Application (21A519) granted by Justice Kagan extending the time to file until June 3, 2022. |
Jun 03 2022 | Petition for a writ of certiorari filed. (Response due July 7, 2022) |
Jun 10 2022 | Motion to extend the time to file a response from July 7, 2022 to August 22, 2022, submitted to The Clerk. |
Jun 13 2022 | Motion to extend the time to file a response is granted and the time is extended to and including August 22, 2022, for all respondents. |
Jul 07 2022 | Brief amici curiae of Attorneys General of Arizona, et al. filed. |
Aug 22 2022 | Brief of respondents Benjamin Joffe, et al. in opposition filed. |
Aug 22 2022 | Brief of respondent Google LLC in opposition filed. |
Sep 06 2022 | Reply of petitioner David Lowery filed. (Distributed) |
Sep 07 2022 | DISTRIBUTED for Conference of 9/28/2022. |
Oct 03 2022 | Petition DENIED. |