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PeopleConnect, Inc. v. Meredith Callahan, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-16040 · judgment December 9, 2021


Dismissed · December 23, 2021
Pre-decision estimate: 34% cert probability (95% interval 24%–46%)

Before the decision, about 8.3× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a Ninth Circuit decision below.

Question presented

Under the Federal Arbitration Act, when a motion to compel arbitration is denied, the party seeking arbitration may file an immediate appeal of that decision. This case concerns the legal standard for stays of district court proceedings pending appeal of denials of motion to compel arbitration. The question presented is: Does a non-frivolous appeal of a denial of a motion to compel arbitration divest district courts of jurisdiction, causing proceedings to be stayed automatically, as the Third, Fourth, Seventh, Tenth, and Eleventh Circuits have held, or does the appealing party have to satisfy the traditional discretionary test for a stay, as the Second, Fifth, and Ninth Circuits have held?

Counsel of record

For petitioner
Adam G. Unikowsky
Jenner & Block LLP

For respondent
Kelsi Brown Corkran
Institute for Constitutional Advocacy & Protection

Case

Conference history

Linked docket
21A230

Proceedings

  1. Dec 23 2021
    Application (21A230) withdrawn.
  2. Dec 23 2021
    Petition Dismissed - Rule 46.
  3. Dec 20 2021
    In light of the letter from counsel for respondents dated December 19, 2021, it is ordered that the time to file a response to the application for stay is extended to Tuesday, December 28, 2021.
  4. Dec 20 2021
    Joint stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 filed.
  5. Dec 20 2021
    Letter from counsel for applicant dated December 20, 2021 filed.
  6. Dec 19 2021
    Letter from counsel for respondents dated December 19, 2021 filed.
  7. Dec 16 2021
    Response to application (21A230) requested by Justice Kagan, due Tuesday, December 21, 2021, by 3 p.m.
  8. Dec 13 2021
    Petition for a writ of certiorari filed. (Response due January 14, 2022)
  9. Dec 13 2021
    Application (21A230) for a stay pending disposition of the petition for a writ of certiorari, submitted to Justice Kagan.
  10. Dec 13 2021
    Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner PeopleConnect, Inc.