U.S. Bank National Association v. Windstream Holdings, Inc.

Petition for certiorari denied on October 2, 2023

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-926	2nd Cir.	N/A	N/A	N/A	N/A	OT 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 (key to color coding)
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.