No. 22-105
Coinbase, Inc. v. Abraham Bielski
Tags: appellate-jurisdiction arbitration-appeal circuit-split civil-procedure district-court-jurisdiction federal-arbitration-act interlocutory-appeal motion-to-compel
Latest Conference:
2022-12-09
(distributed 3 times)
Question Presented (from Petition)
Does a non-frivolous appeal of the denial of a motion to compel arbitration oust a district court's jurisdiction to proceed with litigation pending appeal, as the Third, Fourth, Seventh, Tenth, Eleventh and D.C. Circuits have held, or does the district court retain discretion to proceed with litigation while the appeal is pending, as the Second, Fifth, and Ninth Circuits have held?
Question Presented (AI Summary)
Does a non-frivolous appeal of the denial of a motion to compel arbitration oust a district court's jurisdiction to proceed with litigation pending appeal?
Docket Entries
2023-07-25
Judgment issued.
2023-06-23
Judgment REVERSED and case REMANDED as to respondent Abraham Bielski; the writ of certiorari as to respondents David Suski, et al. is DIMSISSED as improvidently granted. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito Gorsuch, and Barrett, JJ., joined. Jackson, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined in full, and in which Thomas, J., joined as to Parts II, III and IV.
2023-03-21
Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondents: Hassan A. Zavareei, Washington, D. C.
2023-03-13
Response to suggestion of mootness from respondents Suski et al. filed. (Distributed)
2023-03-10
Notice of withdrawal of his suggestion of mootness as to Coinbase, Inc. v. Suski, et al, filed by respondent Abraham Bielski. (Distributed)
2023-03-09
Reply of petitioner Coinbase, Inc. filed. (Distributed)
2023-03-07
Response to suggestion of mootness as to Coinbase, Inc. v. Suski, et al., filed by petitioner Coinbase, Inc.. (Distributed)
2023-03-06
Motion for divided argument filed by respondents DENIED.
2023-03-01
Suggestion of mootness as to Coinbase, Inc. v. Suski, et al., filed by respondent Abraham Bielski. (Distributed)
2023-02-28
Brief amicus curiae of American Association for Justice filed. (Distributed)
2023-02-28
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
2023-02-28
Brief amicus curiae of Public Justice filed. (Distributed)
2023-02-27
Motion for divided argument filed by respondents.
2023-02-21
Brief of respondents David Suski, et al. filed. (Distributed)
2023-02-21
Brief of respondent Abraham Bielski filed. (Distributed)
2023-02-15
Letter of petitioner notifying the Court of the Ninth Circuit's deferral of appeal in No. 22-15566, pending this Court's decision in Coinbase, Inc. v. Bielski, filed. (Distributed)
2023-02-13
CIRCULATED
2023-02-03
All records from the USCA-9th Circuit and USDC-ND California are available on PACER.
2023-02-03
Record requested from the U.S.C.A. for the Ninth Circuit.
2023-01-31
SET FOR ARGUMENT on Tuesday, March 21, 2023.
2023-01-27
Brief amicus curiae of DRI Center for Law and Public Policy filed. (February 22, 2023 - corrected brief and PDF). (Distributed)
2023-01-27
Brief amici curiae of Chamber of Commerce of the United States of America and the National Federation of Independent Business Small Business Legal Center filed.
2023-01-27
Brief amicus curiae of Washington Legal Foundation filed.
2023-01-27
Brief amicus curiae of Civil Justice Association of California filed.
2023-01-27
Brief amicus curiae of Retail Litigation Center, Inc. filed.
2023-01-27
Brief amicus curiae of Atlantic Legal Foundation filed.
2023-01-27
Brief amicus curiae of National Retail Federation filed.
2023-01-25
Letter of respondent Abraham Bielski regarding proceedings in the CA-9 Circuit filed. (Distributed)
2023-01-24
Letter of petitioner Coinbase, Inc. regarding proceedings in the CA-9 Circuit filed. (Distributed)
2023-01-20
Joint appendix Volume I & II filed. (Statement of costs filed)
2023-01-20
Brief of petitioner Coinbase, Inc. filed.
2022-12-09
Petition GRANTED.
2022-12-05
Letter from petitioner received.
2022-12-05
DISTRIBUTED for Conference of 12/9/2022.
2022-11-30
Supplemental brief of respondents David Suski, et al. filed. (Distributed)
2022-11-29
Supplemental brief of respondent Abraham Bielski filed. (Distributed)
2022-11-17
Supplemental brief of petitioner Coinbase, Inc. filed. (Distributed)
2022-11-15
DISTRIBUTED for Conference of 12/2/2022.
2022-11-11
Reply of petitioner Coinbase, Inc. filed. (Distributed)
2022-10-31
Brief of respondents David Suski, et al. in support filed.
2022-09-29
Response Requested. (Due October 31, 2022)
2022-09-21
DISTRIBUTED for Conference of 10/7/2022.
2022-09-20
Reply of petitioner Coinbase, Inc. filed. (Distributed)
2022-09-02
Brief of respondent Abraham Bielski in opposition filed.
2022-08-23
Waiver of right of respondents David Suski, et al. to respond filed.
2022-08-10
Application (22A92) denied by the Court.
2022-08-10
Motion to expedite consideration filed by petitioner DENIED.
2022-08-10
Application (22A91) referred to the Court.
2022-08-10
Application (22A92) referred to the Court.
2022-08-10
Application (22A91) denied by the Court.
2022-08-09
Reply of applicant Coinbase, Inc. filed.
2022-08-08
Letter in response to motion to expedite received from respondents David Suski, et al.
2022-08-08
Letter in response to application (22A92) received from respondents David Suski, et al.
2022-08-08
Response to application (22A91) from respondent Abraham Bielski filed.
2022-08-08
Response to motion to expedite from respondent Abraham Bielski filed.
2022-08-04
Respondents are directed to respond to the motion to expedite consideration by 5 p.m. (ET) on Monday, August 8, 2022.
2022-08-04
Response to application (22A92) requested by Justice Kagan, due by 5 p.m. (ET) on Monday, August 8, 2022.
2022-08-04
Response to application (22A91) requested by Justice Kagan, due by 5 p.m. (ET) on Monday, August 8, 2022.
2022-07-29
Petition for a writ of certiorari filed. (Response due September 2, 2022)
2022-07-29
Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner.
2022-07-29
Application (22A92) for a stay, submitted to Justice Kagan.
2022-07-29
Application (22A91) for a stay, submitted to Justice Kagan.
Attorneys
Abraham Bielski
Hassan Ali Zavareei — Tycko & Zavareei LLP, Respondent
American Association for Justice
Deepak Gupta — Gupta Wessler PLLC, Amicus
Atlantic Legal Foundation
Lawrence S. Ebner — Atlantic Legal Foundation, Amicus
Chamber of Commerce of the United States of America and the National Federation of Independent Business Small Business Legal Center
Mark Andrew Perry — Weil, Gotshal & Manges, LLP, Amicus
Civil Justice Association of California
Coinbase, Inc.
Neal Kumar Katyal — Hogan Lovells US LLP, Petitioner
Constitutional Accountability Center
David Suski, et al.
David John Harris Jr. — Finkelstein & Krinsk LLP, Respondent
DRI Center for Law and Public Policy
Sarah Elizabeth Spencer — Christensen & Jensen, Amicus
National Retail Federation
Andrew John Pincus — Mayer Brown LLP, Amicus
Public Justice
Karla Ann Gilbride — Public Justice, P.C., Amicus
Retail Litigation Center, Inc.
Washington Legal Foundation
Cory L. Andrews — Washington Legal Foundation, Amicus