Public Employees' Retirement System of Mississippi, et al v. Boeing Company, et al
| PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF MISSISSIPPI, CITY OF WARWICK RETIREMENT SYSTEM, WILLIAM C. HOUSER, BRET E. TAGGART and ROBERT W. KEGLEY, SR., as Trustee for the Robert W. Kegley Sr. Revocable Living Trust U/A DTD |
| BOEING COMPANY and DENNIS MUILENBURG |
| FORMER OFFICIALS OF THE U.S. SECURITIES AND EXCHANGE COMMISSION AND LAW PROFESSORS, AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION, SECURITIES INDUSTRY AND FINANCIAL MARKETS ASSOCIATION and CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA |
| 26-2018 |
| May 8, 2026 |
| U.S. Court of Appeals, Seventh Circuit |
| Securities, Commodities, Exchange |
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| Filing 42 Paper copies of amicus brief filed by Amicus Curiae Former Officials of the U.S. Securities and Exchange Commission and Law Professors in 26-2018, 26-2772. [42] [7562492] [26-2018, 26-2772] (CAH) [Entered: 10/14/2026 09:40 AM] |
Filing 41
ORDER issued GRANTING motion to extend time to file appellees' brief. [ # 40 ] Appellees' brief due on or before 11/12/2026 for City of Warwick Retirement System, William C. Houser, Robert W. Kegley Sr., Public Employees' Retirement System of Mississippi and Bret E. Taggart. Appellants' reply brief, if any, is due on or before 12/03/2026 for Appellants Boeing Company and Dennis Muilenburg. CDH [41] [7562156] [26-2018, 26-2772] (CG) [Entered: 10/13/2026 12:38 PM]
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| Filing 40 Motion filed by Appellees City of Warwick Retirement System, Public Employees' Retirement System of Mississippi, William C. Houser, Bret E. Taggart and Robert W. Kegley, Sr. in 26-2018, 26-2772 to extend time to file the response. [40] [7561848] [26-2018, 26-2772] (Graziano, Salvatore) [Entered: 10/09/2026 04:25 PM] |
| Filing 39 Amicus brief filed by Amicus Curiae Former Officials of the U.S. Securities and Exchange Commission and Law Professors in 26-2018, 26-2772, per order. Paper copies due on 10/15/2026 [39] [7561546] [26-2018, 26-2772] (NHV) [Entered: 10/08/2026 02:39 PM] |
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Filing 38
ORDER re: Motion seeking leave to file amicus brief. The motion for leave to appear as amicus curiae is GRANTED. The clerk of this court shall file INSTANTER the tendered amicus curiae brief. [ # 28 ] LMF [38] [7561531] [26-2018, 26-2772] (HTP) [Entered: 10/08/2026 02:18 PM]
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| Filing 37 Paper copies of amicus brief filed by Amici Curiae American Property Casualty Insurance Association, Chamber of Commerce of the United States of America and Securities Industry and Financial Markets Association in 26-2018, 26-2772. [37] [7561413] [26-2018, 26-2772] (SK) [Entered: 10/08/2026 11:13 AM] |
| Filing 36 Amicus brief filed by Amici Curiae American Property Casualty Insurance Association, Securities Industry and Financial Markets Association and Chamber of Commerce of the United States of America in 26-2018, 26-2772 by consent. Paper copies due on 10/13/2026 [36] [7560689] [26-2018, 26-2772] (GW) [Entered: 10/06/2026 09:57 AM] |
| Filing 35 Submitted brief by Kwaku A. Akowuah for amicus The Chamber of Commerce of the United States of America, The Securities Industry and Financial Markets Association, The American Property Casualty Insurance Association. Consent from all parties contained within brief. [35] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7560627] [26-2018, 26-2772] (Akowuah, Kwaku) [Entered: 10/05/2026 05:20 PM] |
| Filing 34 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Claire G. Lee for The Chamber of Commerce of the United States of America. Additional Parties: The Securities Industry and Financial Markets Association, The American Property Casualty Insurance Association. [34] [7560626] (L-No; E-Yes; R-No) [26-2018, 26-2772] [34] [7560626] [26-2018, 26-2772]--[Edited 10/06/2026 by HTP to reflect addition of counsel.] (Lee, Claire) [Entered: 10/05/2026 05:13 PM] |
| Filing 33 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Christopher A. Eiswerth for The Chamber of Commerce of the United States of America. Additional Parties: The Securities Industry and Financial Markets Association, The American Property Casualty Insurance Association. [33] [7560625] (L-No; E-Yes; R-No) [26-2018, 26-2772] [33] [7560625] [26-2018, 26-2772]--[Edited 10/06/2026 by HTP to reflect addition of counsel.] (Eiswerth, Christopher) [Entered: 10/05/2026 05:09 PM] |
| Filing 32 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Neil H. Conrad for The Chamber of Commerce of the United States of America. Additional Parties: The Securities Industry and Financial Markets Association, The American Property Casualty Insurance Association. [32] [7560620] (L-No; E-Yes; R-No) [26-2018, 26-2772] [32] [7560620] [26-2018, 26-2772]--[Edited 10/06/2026 by HTP to reflect addition of counsel.] (Conrad, Neil) [Entered: 10/05/2026 05:02 PM] |
| Filing 31 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney John M. Skakun for The Chamber of Commerce of the United States of America. Additional Parties: The Securities Industry and Financial Markets Association, The American Property Casualty Insurance Association. [31] [7560616] (L-No; E-Yes; R-No) [26-2018, 26-2772] [31] [7560616] [26-2018, 26-2772]--[Edited 10/06/2026 by HTP to reflect addition of counsel.] (Skakun, John) [Entered: 10/05/2026 04:56 PM] |
| Filing 30 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kristen Seeger for The Chamber of Commerce of the United States of America. Additional Parties: The Securities Industry and Financial Markets Association, The American Property Casualty Insurance Association. [30] [7560613] (L-No; E-Yes; R-No) [26-2018, 26-2772] (Seeger, Kristen) [Entered: 10/05/2026 04:51 PM] |
| Filing 29 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kwaku Akowuah for The Chamber of Commerce of the United States of America. Additional Parties: The Securities Industry and Financial Markets Association, The American Property Casualty Insurance Association. [29] [7560605] (L-Yes; E-Yes; R-No) [26-2018, 26-2772] (Akowuah, Kwaku) [Entered: 10/05/2026 04:43 PM] |
| Filing 28 Filed Non-Party motion by AMICI FORMER SEC OFFICIALS AND LAW PROFESSORS. [7560576] [26-2018, 26-2772] (Cosenza, Todd) [Entered: 10/05/2026 04:02 PM] |
| Filing 27 Paper copies of appellant brief and appendices volumes I-VI filed by Appellants Boeing Company and Dennis Muilenburg in 26-2018, 26-2772. [27] [7559753] [26-2018, 26-2772] (CAH) [Entered: 10/01/2026 09:37 AM] |
| Filing 26 Filed Appendices Volumes I-VI by Appellants Boeing Company and Dennis Muilenburg in 26-2018, 26-2772. [26] [7559057] Paper copies due on 10/06/2026 [26-2018, 26-2772] (EHF) [Entered: 09/29/2026 09:46 AM] |
| Filing 25 Appellant's brief filed by Appellants Boeing Company and Dennis Muilenburg in 26-2018, 26-2772. Paper copies due on 10/06/2026. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, and should be made by no later than seven days after the filing of the appellee's brief. See Cir. R. 34(b)(3), (4). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [25] [7559055] [26-2018, 26-2772] (EHF) [Entered: 09/29/2026 09:43 AM] |
| Filing 24 Submitted Appendix by Jeffrey B. Wall for Appellants Boeing Company and Dennis Muilenburg in 26-2018, 26-2772. [24] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7558971] [26-2018, 26-2772] (Pepperman, Richard) [Entered: 09/28/2026 06:16 PM] |
| Filing 23 Submitted appellant brief by Jeffrey B. Wall for Appellants Boeing Company and Dennis Muilenburg in 26-2018, 26-2772. [23] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7558970] [26-2018, 26-2772] (Pepperman, Richard) [Entered: 09/28/2026 05:56 PM] |
| Filing 22 Filed Seventh Circuit Transcript Information Sheet by Appellants Boeing Company and Dennis Muilenburg in 26-2772, 26-2018. [22] [7553566] [26-2772, 26-2018] (Pepperman, Richard) [Entered: 09/08/2026 11:44 AM] |
| Filing 21 NOTICE: Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. The lead attorney for each party represented by counsel must apply for admission to practice in this court by the later of: (a) 30 days from the docketing of the matter in this court; or (b) 15 days from being retained or appointed as counsel. An attorney who intends to present oral argument must apply for admission to practice in this court before the filing of the appellee's brief. Our records indicate Attorney John L. Davidson for Appellee Public Employees' Retirement System of Mississippi in 26-2018, Attorney John L. Davidson for Appellees Bret E. Taggart, Robert W. Kegley, Sr., City of Warwick Retirement System, William C. Houser and Public Employees' Retirement System of Mississippi in 26-2772 has not been admitted to practice in this court as of this date. The "Application for Admission to Practice in the Seventh Circuit" form can be found at: https://www.ca7.uscourts.gov/assets/pdf/applctn.pdf. The filing of the completed application must be accomplished via the CM/ECF filing system. [21] [7552048] [26-2018, 26-2772] (LJ) [Entered: 09/01/2026 10:00 AM] |
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Filing 20
ORDER: The court, on its own motion, orders these appeals are CONSOLIDATED for purposes of briefing and disposition. The briefing schedule is as follows: Appellants' consolidated brief due on or before 09/28/2026 for Boeing Company and Dennis Muilenburg. Appellees' consolidated brief due on or before 10/28/2026 for City of Warwick Retirement System, William C. Houser, Robert W. Kegley Sr., Public Employees' Retirement System of Mississippi and Bret E. Taggart. Appellants' reply brief, if any, is due on or before 11/18/2026 for Appellants Boeing Company and Dennis Muilenburg. JXK [20] [7551190] [26-2018, 26-2772] (PS) [Entered: 08/27/2026 12:04 PM]
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Filing 19
ORDER re: 1. Motion for leave to file a supplement to petition for permission to appeal pursuant to Rule 23(f). 2. Opposition to defendants-appellants motion for leave to file supplement to Rule 23(f) petition. 3. Reply in support of motion for leave to file a supplement to Rule 23(f) petition. [ # 12 ] [ # 13 ] [ # 15 ] The motion to supplement is GRANTED to the extent that the clerk of this court shall docket the proposed supplement as a petition for permission to appeal under its own case number. To whatever extent the district court may have required this courts permission to rule on the motion to reconsider, that permission is granted retroactively. See Fed. R. App. P. 12.1. Appellees shall file any answer to the petition on or before August 5, 2026. See Fed. R. App. P. 5(b)(2). Briefing in this appeal will remain SUSPENDED pending the disposition of the petition. ASG [19] [7543051] [26-2018] (PS) [Entered: 07/27/2026 02:44 PM]
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| Filing 18 Filed Response by Appellees City of Warwick Retirement System, Bret E. Taggart, William C. Houser, Robert W. Kegley, Sr. and Public Employees' Retirement System of Mississippi Attorney Salvatore J. Graziano to Defendants-Appellants' Submission of In re The Boeing Co. Sec. Litig., No. 25-1492 (4th Cir. July 20, 2026). [18][7541782] [26-2018] (Graziano, Salvatore) [Entered: 07/22/2026 01:41 PM] |
| Filing 17 Filed Appellants Boeing Company and Dennis Muilenburg Citation of Additional Authority, per Circuit Rule 28(e). [17] [7541347] [26-2018] (Wall, Jeffrey) [Entered: 07/21/2026 10:49 AM] |
| Filing 16 Added Attorney(s) Brenton A. Rogers for party(s) Appellant Dennis Muilenburg Appellant Boeing Company, in case 26-2018 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Brenton Rogers for Appellants Boeing Company and Dennis Muilenburg. [16] [7541201] (L-No; E-Yes; R-No) [26-2018]--[Edited 07/21/2026 by AD to reflect the addition of counsel.] (Rogers, Brenton) [Entered: 07/20/2026 05:38 PM] |
| Filing 15 Filed Reply by Appellants Boeing Company and Dennis Muilenburg to in Support of their Motion for Leave to File a Supplement to their Rule 23(f) Petition. [15][7540767] [26-2018] (Pepperman, Richard) [Entered: 07/17/2026 02:51 PM] |
| Filing 14 Filed Response by Appellants Boeing Company and Dennis Muilenburg to Plaintiffs-Appellees' Supplemental Response to Order Suspending Appeal. [14][7539175] [26-2018] (Pepperman, Richard) [Entered: 07/10/2026 03:12 PM] |
| Filing 13 Filed Opposition by Appellees City of Warwick Retirement System, William C. Houser, Robert W. Kegley, Sr., Public Employees' Retirement System of Mississippi and Bret E. Taggart to Motion for Leave to File Supplement to Rule 23(f) Petition. [13][7539054] [26-2018] (Graziano, Salvatore) [Entered: 07/10/2026 11:21 AM] |
| Filing 12 Motion filed by Appellants Boeing Company and Dennis Muilenburg to file Supplement to Defendants-Appellants' Petition for Permission to Appeal Pursuant to Rule 23(f). [12] [7537468] [26-2018] (Pepperman, Richard) [Entered: 07/02/2026 04:42 PM] |
| Filing 11 Filed Supplemental Response by Appellees City of Warwick Retirement System, William C. Houser, Robert W. Kegley, Sr. and Public Employees' Retirement System of Mississippi to Order Suspending Appeal. [11][7535699] [26-2018]--[Edited 06/26/2026 by PS] (Graziano, Salvatore) [Entered: 06/26/2026 09:24 AM] |
| Filing 10 Filed status report by Appellants Boeing Company and Dennis Muilenburg. [10] [7534498] [26-2018] (Pepperman, Richard) [Entered: 06/22/2026 05:51 PM] |
| Filing 9 Filed status report by Appellants Boeing Company and Dennis Muilenburg. [9] [7532407] [26-2018] (Pepperman, Richard) [Entered: 06/11/2026 05:46 PM] |
| Filing 8 Filed Response by Appellants Boeing Company and Dennis Muilenburg to May 11, 2026 Order Suspending Appeal. [8][7528123] [26-2018] (Pepperman, Richard) [Entered: 05/26/2026 11:46 AM] |
| Filing 7 Filed Response by Appellees City of Warwick Retirement System, William C. Houser, Robert W. Kegley, Sr., Public Employees' Retirement System of Mississippi and Bret E. Taggart to Order Suspending Appeal. [7][7526273] [26-2018] (Graziano, Salvatore) [Entered: 05/18/2026 01:45 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jeffrey B. Wall for Appellants Boeing Company and Dennis Muilenburg. [6] [7525730] (L-Yes; E-Yes; R-No) [26-2018] (Pepperman, Richard) [Entered: 05/15/2026 08:51 AM] |
| Filing 5 Docketing Statement filed by Appellants Boeing Company and Dennis Muilenburg. Prior or Related proceedings: Yes. 26-8007 (7th Cir.) (prior); 25-135 (4th Cir.) (related) [5] [7525553] [26-2018] (Pepperman, Richard) [Entered: 05/14/2026 12:33 PM] |
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Filing 4
ORDER: A preliminary review of the short record suggests that the order appealed from may not yet be an appealable decision. An appeal filed before the district court issues its ruling on a timely motion under Rule 59 of the Federal Rules of Civil Procedure is ineffective until the order disposing of the motion is entered on the district courts civil docket. Fed. R. App. P. 4(a)(4). This rule codifies general federal practice regarding motions to reconsider even where the rules themselves do not apply on their own terms. See Blair v. Equifax Check Servs., Inc., 181 F.3d 832, 837 (7th Cir. 1999). In the present case, plaintiffs filed a motion for reconsideration on March 27, 2026, within 14 days of the order granting class certification on March 16, 2026. This motion may be a timely motion to reconsider that renders this appeal premature, because the district court has not yet disposed of the motion and entered its order on the civil docket. Florian v. Sequa Corp., 294 F.3d 828, 829 (7th Cir. 2002); see also Nutraceutical Corp. v. Lambert, 586 U.S. 188, 197 (2019). Accordingly, proceedings in this appeal are SUSPENDED pending the district court's resolution of the motion for reconsideration. If a party contends that this appeal should not be suspended, then that party should file a brief memorandum on or before May 26, 2026, stating why suspension is not appropriate. The appellants shall file a status report within seven days of a ruling on the motion for reconsideration, or on or shortly before June 11, 2026, if no order has yet issued. JXK [4] [4] [7524604] [26-2018] (CG) [Entered: 05/11/2026 02:18 PM]
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| Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorneys Salvatore J. Graziano, Katherine Sinderson, Michael Mathai, and Mathews Ramos De Carvalho for Appellees Public Employees' Retirement System of Mississippi, City of Warwick Retirement System, William C. Houser, Bret E. Taggart, and Robert W. Kegley, Sr. [3] [7524556] [26-2018] (PS) [Entered: 05/11/2026 12:10 PM] |
| Filing 2 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorneys John F. Hartmann, Katherine Katz, Richard C. Pepperman II, Craig S. Primis, Benjamin Walker, and David Nicholas Whalen for Appellants Boeing Company and Dennis Muilenburg. [2] [7524555] [26-2018] (PS) [Entered: 05/11/2026 12:07 PM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellants Boeing Company and Dennis Muilenburg by 05/14/2026. Transcript information sheet due by 05/22/2026. Appellants' brief due on or before 06/17/2026 for Boeing Company and Dennis Muilenburg. [1] [7524540] [26-2018] (PS) [Entered: 05/11/2026 11:52 AM] |
| Case transferred from Miscellaneous Docket No. 26-8007. [7524547-2] [7524547] [26-2018, 26-8007] (PS) [Entered: 05/11/2026 11:58 AM] |
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