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Servotronics, Inc. v. Rolls-Royce PLC, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-1847 · judgment September 22, 2020


Certiorari granted · March 22, 2021
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and a business petitioner.

Question presented

Whether the discretion granted to district courts in 28 U.S.C. §1782(a) to render assistance in gathering evidence for use in "a foreign or international tribunal" encompasses private commercial arbitral tribunals, as the Fourth and Sixth Circuits have held, or excludes such tribunals without expressing an exclusionary intent, as the Second, Fifth, and, in the case below, the Seventh Circuit, have held. JUSTICE ALITO TOOK NO PART. 8/23/2021: JUSTICE ALITO IS NO LONGER RECUSED IN THIS CASE.

Counsel of record

For petitioner
Katherine Burks Posner
Condon & Forsyth LLP

For respondent
Lisa S. Blatt
Williams & Connolly LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage · 11 merits
(4 supporting pet./neither, 7 respondent)

Linked docket
20A127

Proceedings

  1. Sep 29 2021
    Case Dismissed - Rule 46.
  2. Sep 24 2021
    Joint Stipulation to Dismiss Pursuant to Rule 46.1 filed.
  3. Sep 08 2021
    Letter of petitioner notifying the Clerk of intention to file a Rule 46 motion to dismiss filed. (Distributed)
  4. Sep 08 2021
    REMOVED from the October 2021 ARGUMENT CALENDAR.
  5. Aug 23 2021
    The time for oral argument is allotted as follows: 30 minutes for petitioner, 20 minutes for respondents, and 15 minutes for the Acting Solicitor General. Justice Alito took no part in the consideration or decision of this order.
  6. Aug 23 2021
    Justice Alito is no longer recused in this case.
  7. Aug 03 2021
    CIRCULATED
  8. Aug 02 2021
    Motion of United States for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Alito took no part in the consideration or decision of this motion.
  9. Jul 29 2021
    The record from the U.S.C.A. 7th Circuit is electronic and located on PACER.
  10. Jul 28 2021
    Record requested from the U.S.C.A. 7th Circuit.
  11. Jul 21 2021
    Reply of petitioner Servotronics, Inc. filed.
  12. Jul 13 2021
    ARGUMENT SET FOR Tuesday, October 5, 2021.
  13. Jun 28 2021
    Brief amicus curiae of United States filed.
  14. Jun 28 2021
    Brief amici curiae of The General Aviation Manufacturers Association, Inc., and the Aerospace Industries Association filed.
  15. Jun 28 2021
    Brief amici curiae of Chamber of Commerce of the United States and Business Roundtable filed.
  16. Jun 28 2021
    Brief amici curiae of Dr. Xu Guojian, et al. filed.
  17. Jun 28 2021
    Brief amicus curiae of Halliburton Company filed.
  18. Jun 28 2021
    Brief amicus curiae of Institute of International Bankers filed.
  19. Jun 28 2021
    Motion of United States for leave to participate in oral argument as amicus curiae and for divided argument filed.
  20. Jun 25 2021
    Brief amicus curiae of International Arbitration Center in Tokyo filed.
  21. Jun 21 2021
    Brief of respondent Rolls-Royce PLC filed.
  22. Jun 21 2021
    Brief of respondent The Boeing Company filed.
  23. May 24 2021
    Motion of respondents for an extension of time to file respondents briefs on the merits granted and the time is extended to and including June 21, 2021.
  24. May 13 2021
    Brief amicus curiae of The International Court of Arbitration of the International Chamber of Commerce in support of neither party filed.
  25. May 13 2021
    Brief amicus curiae of Professor Yanbai Andrea Wang in support of neither party filed.
  26. May 13 2021
    Brief amicus curiae of Professor George A. Bermann filed.
  27. May 12 2021
    Brief amicus curiae of Federal Arbitration Inc. (FEDARB) filed.
  28. May 12 2021
    Motion for an extension of time to file respondents' briefs on the merits filed.
  29. May 06 2021
    Joint appendix filed.
  30. May 06 2021
    Brief of petitioner Servotronics, Inc. filed.
  31. Mar 22 2021
    Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
  32. Mar 15 2021
    DISTRIBUTED for Conference of 3/19/2021.
  33. Feb 17 2021
    DISTRIBUTED for Conference of 3/5/2021.
  34. Feb 11 2021
    Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
  35. Feb 10 2021
    Brief of respondents Rolls-Royce, PLC and The Boeing Company in opposition filed. (Distributed)
  36. Jan 25 2021
    Application (20A127) denied by Justice Barrett.
  37. Jan 11 2021
    Brief amicus curiae of Atlanta International Arbitration Society filed.
  38. Jan 05 2021
    Brief amicus curiae of International Institute for Conflict Prevention & Resolution in Support of Petitioner filed.
  39. Jan 05 2021
    Response to application (20A127) from respondent The Boeing Company filed.
  40. Jan 04 2021
    Motion to extend the time to file a response is granted and the time is extended to and including February 10, 2021, for all respondents.
  41. Jan 04 2021
    Application (20A127) for reconsideration of Clerk's action extending the time to file a response to the petition for a writ of certiorari, submitted to Justice Barrett.
  42. Jan 03 2021
    Response to motion from petitioner Servotronics, Inc. filed.
  43. Dec 31 2020
    Motion to extend the time to file a response from January 11, 2021 to February 10, 2021, submitted to The Clerk.
  44. Dec 07 2020
    Petition for a writ of certiorari filed. (Response due January 11, 2021)