NA of Mftr v. SEC
| National Association of Manufacturers and Natural Gas Services Group, Incorporated |
| United States Securities and Exchange Commission and Gary Gensler, in his official capacity as Chair of the SEC |
| Chamber of Commerce of the United States of America, Business Roundtable, Joseph A. Grundfest, Tao Li, Harvey Pitt, Paul Rose, J. W. Verret, Andrew N. Vollmer and Christopher J. Walker |
| Society for Corporate Governance |
| 22-51069 |
| December 12, 2022 |
| U.S. Court of Appeals, Fifth Circuit |
| Other Statutes |
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| Filing 75 CASE CAPTION updated. Party information modified for Society for Corporate Governance in 22-51069. Update: They are no longer a party in this case in light of the striking of the amicus curiae brief. [22-51069] (LEF) [Entered: 02/08/2023 03:20 PM] |
| Filing 74 COURT ACTION striking Amicus Brief filed by Society for Corporate Governance [ # 38 ] [22-51069] (LEF) [Entered: 02/08/2023 02:50 PM] |
| Filing 73 COURT ORDER striking Amicus Curiae brief filed by Society for Corporate Governance brief [73]; [ # 38 ] [22-51069] (LEF) [Entered: 02/08/2023 02:13 PM] |
| Filing 70 Paper copies of Amicus Brief filed by Chamber of Commerce of the United States of America, Business Roundtable and Amici Curiae Chamber of Commerce of the United States of America and Business Roundtable in 22-51069 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. [22-51069] (LEF) [Entered: 01/26/2023 04:27 PM] |
| Filing 69 PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellants National Association of Manufacturers and Natural Gas Services Group, Incorporated [ # 25 ] Date of service: 01/24/2023 via email - Attorney for Amici Curiae: Arffa, Badgley, Davis, Goldenberg, Gonski, Kelly, Rose, Schwartz, Von Bokern, Wall; Attorney for Appellees: Fraser, Hardin, Matro; Attorney for Appellants: Hughes, Lyons-Berg [22-51069] (Paul Whitfield Hughes ) [Entered: 01/24/2023 03:55 PM] |
| Filing 68 LETTER filed with attached corrected brief. [22-51069] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Amicus Curiae Society for Corporate Governance Request to substitute the copy of the Society of Corporate Governance's amicus filed on Jan. 13, 2023 (that has a typographical error on the cover page) with the corrected copy of the amicus submitted with this letter.. Date of Service: 01/20/2023 via email - Attorney for Amici Curiae: Arffa, Badgley, Davis, Goldenberg, Gonski, Kelly, Rose, Schwartz, Von Bokern, Wall; Attorney for Appellees: Fraser, Hardin, Matro; Attorney for Appellants: Hughes, Lyons-Berg [22-51069] (Kathryn Zainey Gonski ) [Entered: 01/20/2023 11:04 AM] |
| Filing 62 PROPOSED SUFFICIENT BRIEF filed by Amici Curiae Business Roundtable and Chamber of Commerce of the United States of America [ # 44 ] Date of service: 01/18/2023 via email - Attorney for Amici Curiae: Arffa, Badgley, Davis, Goldenberg, Gonski, Kelly, Rose, Schwartz, Von Bokern, Wall; Attorney for Appellees: Fraser, Hardin, Matro; Attorney for Appellants: Hughes, Lyons-Berg [22-51069] (Jeffrey B. Wall ) [Entered: 01/18/2023 03:07 PM] |
| Filing 60 APPEARANCE FORM FILED by Attorney Kathryn Zainey Gonski for Amicus Curiae Society for Corporate Governance in 22-51069 [22-51069] (LEF) [Entered: 01/18/2023 01:58 PM] |
| Filing 58 APPEARANCE FORM FILED by Attorney(s) Jordan Landrum Von Bokern for party(s) Amicus Curiae Chamber of Commerce of the United States of America, in case 22-51069 [22-51069] (LEF) [Entered: 01/17/2023 04:35 PM] |
| Filing 57 APPEARANCE FORM FILED by Attorney(s) Tyler Stephen Badgley for party(s) Amicus Curiae Chamber of Commerce of the United States of America, in case 22-51069 [22-51069] (LEF) [Entered: 01/17/2023 04:33 PM] |
| Filing 55 APPEARANCE FORM FILED by Attorney(s) Virginia Grace Davis for party(s) Amicus Curiae J. W. Verret Amicus Curiae Joseph A. Grundfest Amicus Curiae Christopher J. Walker Amicus Curiae Harvey Pitt Amicus Curiae Andrew N. Vollmer Amicus Curiae Tao Li Amicus Curiae Paul Rose, in case 22-51069 [22-51069] (LEF) [Entered: 01/17/2023 02:34 PM] |
| Filing 54 APPEARANCE FORM FILED by Attorney Elaine Goldenberg for Amicus Curiae Christopher J. Walker in 22-51069, Attorney Elaine Goldenberg for Amicus Curiae Andrew N. Vollmer in 22-51069, Attorney Elaine Goldenberg for Amicus Curiae J. W. Verret in 22-51069, Attorney Elaine Goldenberg for Amicus Curiae Paul Rose in 22-51069, Attorney Elaine Goldenberg for Amicus Curiae Harvey Pitt in 22-51069, Attorney Elaine Goldenberg for Amicus Curiae Tao Li in 22-51069, Attorney Elaine Goldenberg for Amicus Curiae Joseph A. Grundfest in 22-51069 [22-51069] (LEF) [Entered: 01/17/2023 02:31 PM] |
| Filing 52 APPEARANCE FORM FILED by Attorney(s) Leslie Arffa for party(s) Amicus Curiae Business Roundtable Amicus Curiae Chamber of Commerce of the United States of America, in case 22-51069 [22-51069] (LEF) [Entered: 01/16/2023 03:44 PM] |
| Filing 51 APPEARANCE FORM FILED by Attorney(s) Stephanie Marie Kelly for party(s) Amicus Curiae Business Roundtable Amicus Curiae Chamber of Commerce of the United States of America, in case 22-51069 [22-51069] (LEF) [Entered: 01/16/2023 03:39 PM] |
| Filing 50 APPEARANCE FORM FILED by Attorney(s) Elizabeth Anne Rose for party(s) Amicus Curiae Business Roundtable Amicus Curiae Chamber of Commerce of the United States of America, in case 22-51069 [22-51069] (LEF) [Entered: 01/16/2023 03:37 PM] |
| Filing 49 APPEARANCE FORM FILED by Attorney(s) Matthew A. Schwartz for party(s) Amicus Curiae Business Roundtable Amicus Curiae Chamber of Commerce of the United States of America, in case 22-51069 [22-51069] (LEF) [Entered: 01/16/2023 03:34 PM] |
| Filing 48 APPEARANCE FORM FILED by Attorney Jeffrey B. Wall for Amicus Curiae Business Roundtable in 22-51069, Attorney Jeffrey B. Wall for Amicus Curiae Chamber of Commerce of the United States of America in 22-51069 [22-51069] (LEF) [Entered: 01/16/2023 03:31 PM] |
| Filing 47 APPEARANCE FORM for the court's review. Lead Counsel? No. [22-51069] (Virginia Grace Davis ) [Entered: 01/13/2023 05:37 PM] |
| Filing 46 AMICUS CURIAE BRIEF FILED by Mr. Christopher J. Walker, Mr. Andrew N. Vollmer, Mr. J. W. Verret, Mr. Paul Rose, Mr. Harvey Pitt, Mr. Tao Li and Mr. Joseph A. Grundfest. The Consent is Included in the Brief. # of Copies Provided: 0 [22-51069] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by FORMER SEC OFFICIALS AND LAW PROFESSORS. Date of service: 01/13/2023 via email - Attorney for Appellees: Fraser, Hardin, Matro; Attorney for Appellants: Hughes, Lyons-Berg [22-51069] (Elaine Goldenberg ) [Entered: 01/13/2023 05:34 PM] |
| Filing 45 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-51069] (Elaine Goldenberg ) [Entered: 01/13/2023 05:31 PM] |
| Filing 44 SUFFICIENT AMICUS CURIAE BRIEF FILED by Business Roundtable and Chamber of Commerce of the United States of America. The Consent is Included in the Brief. # of Copies Provided: 0 Sufficient Brief deadline satisfied [22-51069] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Business Roundtable and Chamber of Commerce of the United States of America. The Consent is Included in the Brief. Additionally the Brief requires that the caption must match the court's official caption. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0. Sufficient Brief due on 01/31/2023 for Amici Curiae Chamber of Commerce of the United States of America and Business Roundtable. [22-51069] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Chamber of Commerce of the United States of America and Business Roundtable. Date of service: 01/13/2023 via email - Attorney for Appellees: Fraser, Hardin, Matro; Attorney for Appellants: Hughes, Lyons-Berg [22-51069] (Jeffrey B. Wall ) [Entered: 01/13/2023 03:42 PM] |
| Filing 43 APPEARANCE FORM for the court's review. Lead Counsel? No. [22-51069] (Leslie Arffa ) [Entered: 01/13/2023 03:34 PM] |
| Filing 42 APPEARANCE FORM for the court's review. Lead Counsel? No. [22-51069] (Stephanie Marie Kelly ) [Entered: 01/13/2023 03:33 PM] |
| Filing 41 APPEARANCE FORM for the court's review. Lead Counsel? No. [22-51069] (Elizabeth Anne Rose ) [Entered: 01/13/2023 03:31 PM] |
| Filing 40 APPEARANCE FORM for the court's review. Lead Counsel? No. [22-51069] (Matthew A. Schwartz ) [Entered: 01/13/2023 03:29 PM] |
| Filing 39 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-51069] (Jeffrey B. Wall ) [Entered: 01/13/2023 03:23 PM] |
| Filing 38 STRICKEN CORRECTED AMICUS CURIAE BRIEF FILED by Society for Corporate Governance. The Consent is Included in the Brief. # of Copies Provided: 0 [22-51069] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Society for Corporate Governance. Date of service: 01/13/2023 via email - Attorney for Appellees: Fraser, Hardin, Matro; Attorney for Appellants: Hughes, Lyons-Berg [22-51069] (Kathryn Zainey Gonski ) [Entered: 01/13/2023 03:05 PM] |
| Filing 37 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-51069] (Kathryn Zainey Gonski ) [Entered: 01/13/2023 01:47 PM] |
| Filing 36 APPEARANCE FORM for the court's review. Lead Counsel? No. [22-51069] (Jordan Landrum Von Bokern ) [Entered: 01/13/2023 10:59 AM] |
| Filing 35 APPEARANCE FORM for the court's review. Lead Counsel? No. [22-51069] (Tyler Stephen Badgley ) [Entered: 01/13/2023 10:56 AM] |
| Filing 34 EXTENSION RECEIVED for Appellees Gary Gensler and United States Securities and Exchange Commission. Extension Granted to and including 02/22/2023. E/Res's Brief deadline updated to 02/22/2023 for Appellees Gary Gensler and United States Securities and Exchange Commission [22-51069] (LEF) [Entered: 01/11/2023 04:31 PM] |
| Filing 32 APPEARANCE FORM FILED by Attorney(s) Tracey A. Hardin for party(s) Appellee United States Securities and Exchange Commission Appellee Gary Gensler, in case 22-51069 [22-51069] (LEF) [Entered: 01/11/2023 04:26 PM] |
| Filing 31 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellees Gary Gensler and United States Securities and Exchange Commission for filing Brief of Appellees-Defendants until 02/22/2023 [22-51069] (Daniel Matro ) [Entered: 01/11/2023 03:09 PM] |
| Filing 30 CLERK ORDER granting Motion to file record excerpts in excess pages. filed by Appellants National Association of Manufacturers and Natural Gas Services Group, Incorporated [ # 24 ] The clerk is granting your unopposed motion for the Court subject to possible reconsideration by the merits panel at a later date. [22-51069] (LEF) [Entered: 01/11/2023 08:40 AM] |
| Filing 27 APPEARANCE FORM for the court's review. Lead Counsel? No. [22-51069] (Tracey A. Hardin ) [Entered: 01/10/2023 03:43 PM] |
| Filing 25 SUFFICIENT RECORD EXCERPTS FILED. # of Copies Provided: 0. Sufficient Record Excerpts deadline satisfied [22-51069] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as they require a page inserted in between each document containing the tab number corresponding to the table of contents. Optional contents exceed page limitations by 66 pages, a motion to file record excerpts in excess pages has been granted. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Record Excerpts due on 01/25/2023 for Appellants National Association of Manufacturers and Natural Gas Services Group, Incorporated [22-51069] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as they require a page inserted in between each document containing the tab number corresponding to the table of contents. Optional contents exceed page limitations by 66 pages, motion to file in excess pages has been granted.. # of Copies Provided: 0 [22-51069] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants National Association of Manufacturers and Natural Gas Services Group, Incorporated. Date of service: 01/06/2023 via email - Attorney for Appellees: Fraser, Matro; Attorney for Appellants: Hughes, Lyons-Berg [22-51069] (Paul Whitfield Hughes ) [Entered: 01/06/2023 09:40 PM] |
| Filing 24 UNOPPOSED MOTION filed by Appellants National Association of Manufacturers and Natural Gas Services Group, Incorporated to file record excerpts in excess pages [24]. Date of service: 01/06/2023 via email - Attorney for Appellees: Fraser, Matro; Attorney for Appellants: Hughes, Lyons-Berg [22-51069] (Paul Whitfield Hughes ) [Entered: 01/06/2023 09:39 PM] |
| Filing 23 APPELLANT'S BRIEF FILED # of Copies Provided: 0. A/Pet's Brief deadline satisfied. Appellee's Brief due on 02/06/2023 for Appellees Gary Gensler and United States Securities and Exchange Commission [22-51069] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by National Association of Manufacturers and Natural Gas Services Group, Incorporated. Date of service: 01/06/2023 via email - Attorney for Appellees: Fraser, Matro; Attorney for Appellants: Hughes, Lyons-Berg [22-51069] (Paul Whitfield Hughes ) [Entered: 01/06/2023 09:36 PM] |
| Filing 22 BRIEFING NOTICE ISSUED A/Pet's Brief Due on 02/15/2023 for Appellants National Association of Manufacturers and Natural Gas Services Group, Incorporated. [22-51069] (DDL) [Entered: 01/06/2023 11:55 AM] |
| Filing 21 ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [22-51069] (DDL) [Entered: 01/06/2023 11:27 AM] |
| Filing 19 APPEARANCE FORM FILED by Attorney(s) Andrew Lyons-Berg for party(s) Appellant National Association of Manufacturers Appellant Natural Gas Services Group, Incorporated, in case 22-51069 [22-51069] (LEF) [Entered: 12/19/2022 01:56 PM] |
| Filing 18 APPEARANCE FORM FILED by Attorney Paul Whitfield Hughes for Appellant Natural Gas Services Group, Incorporated in 22-51069, Attorney Paul Whitfield Hughes for Appellant National Association of Manufacturers in 22-51069 [22-51069] (LEF) [Entered: 12/19/2022 01:54 PM] |
| Filing 17 APPEARANCE FORM FILED by Attorney Daniel Matro for Appellee Gary Gensler in 22-51069, by Attorney(s) Daniel Matro for party(s) Appellee United States Securities and Exchange Commission, in case 22-51069 [22-51069] (LEF) [Entered: 12/19/2022 01:52 PM] |
| Filing 16 TRANSCRIPT ORDER received from Appellants National Association of Manufacturers and Natural Gas Services Group, Incorporated advising transcript unnecessary for appeal purposes. [22-51069] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellants National Association of Manufacturers and Natural Gas Services Group, Incorporated advising transcript unnecessary for appeal purposes. Date of Service: 12/15/2022 via email - Attorney for Appellees: Fraser, Matro; Attorney for Appellant: Hughes [22-51069] (Paul Whitfield Hughes ) [Entered: 12/15/2022 05:40 PM] |
| Filing 10 MOTION to expedite the appeal [10]. [22-51069] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellants National Association of Manufacturers and Natural Gas Services Group, Incorporated to expedite the appeal [10]. Date of service: 12/15/2022 via email - Attorney for Appellees: Fraser, Matro; Attorney for Appellant: Hughes [22-51069] (Paul Whitfield Hughes ) [Entered: 12/15/2022 12:28 PM] |
| Filing 9 APPEARANCE FORM received from Mr. Daniel Matro for Gary Gensler for the court's review. Lead Counsel? Yes. [22-51069] (Daniel Matro ) [Entered: 12/15/2022 12:25 PM] |
| Filing 8 APPEARANCE FORM for the court's review. Lead Counsel? No. [22-51069] (Andrew Lyons-Berg ) [Entered: 12/15/2022 12:20 PM] |
| Filing 7 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-51069] (Paul Whitfield Hughes ) [Entered: 12/15/2022 12:13 PM] |
| Filing 6 ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 7:22-CV-163. Electronic ROA due on 12/29/2022. [22-51069] (LEF) [Entered: 12/14/2022 11:06 AM] |
| Filing 5 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [5] Initial AA Check Due satisfied. [22-51069] (LEF) [Entered: 12/14/2022 11:03 AM] |
| Filing 1 US CIVIL CASE docketed. NOA filed by Appellants National Association of Manufacturers and Natural Gas Services Group, Incorporated [22-51069] (MVM) [Entered: 12/12/2022 12:41 PM] |
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