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Coinbase, Inc. v. Abraham Bielski
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-15566
Before the decision, about 7.3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Ninth Circuit decision below.
Question presented
Under§ 16(a) of the Federal Arbitration Act, when a district court denies a motion to compel arbitration, the party seeking arbitration may file an immediate interlocutory appeal. This Court has held that an appeal "divests the district court of its control over those aspects of the case involved in the appeal." Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982) (per curiam). The question presented is: 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? DISMISSED AS IMPROVIDENTLY GRANTED AS TO RESPONDENTS SUSKI ET AL.
Counsel of record
For petitioner
Neal Kumar Katyal
Hogan Lovells US LLP
For respondent
David John Harris Jr.
Finkelstein & Krinsk LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
10 merits
(7 supporting pet./neither, 3 respondent)
Argument & decision
Argued March 21, 2023 — Neal K. Katyal · Hassan A. Zavareei. Audio and transcript
Decided June 23, 2023. Opinion by Kavanaugh.
Proceedings
- Jul 25 2023Judgment issued.
- Jun 23 2023Judgment 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.
- Mar 21 2023Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondents: Hassan A. Zavareei, Washington, D. C.
- Mar 13 2023Response to suggestion of mootness from respondents Suski et al. filed. (Distributed)
- Mar 10 2023Notice of withdrawal of his suggestion of mootness as to Coinbase, Inc. v. Suski, et al, filed by respondent Abraham Bielski. (Distributed)
- Mar 09 2023Reply of petitioner Coinbase, Inc. filed. (Distributed)
- Mar 07 2023Response to suggestion of mootness as to Coinbase, Inc. v. Suski, et al., filed by petitioner Coinbase, Inc.. (Distributed)
- Mar 06 2023Motion for divided argument filed by respondents DENIED.
- Mar 01 2023Suggestion of mootness as to Coinbase, Inc. v. Suski, et al., filed by respondent Abraham Bielski. (Distributed)
- Feb 28 2023Brief amicus curiae of Public Justice filed. (Distributed)
- Feb 28 2023Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
- Feb 28 2023Brief amicus curiae of American Association for Justice filed. (Distributed)
- Feb 27 2023Motion for divided argument filed by respondents.
- Feb 21 2023Brief of respondent Abraham Bielski filed. (Distributed)
- Feb 21 2023Brief of respondents David Suski, et al. filed. (Distributed)
- Feb 15 2023Letter 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)
- Feb 13 2023CIRCULATED
- Feb 03 2023Record requested from the U.S.C.A. for the Ninth Circuit.
- Feb 03 2023All records from the USCA-9th Circuit and USDC-ND California are available on PACER.
- Jan 31 2023SET FOR ARGUMENT on Tuesday, March 21, 2023.
- Jan 27 2023Brief amicus curiae of National Retail Federation filed.
- Jan 27 2023Brief amicus curiae of Atlantic Legal Foundation filed.
- Jan 27 2023Brief amicus curiae of Retail Litigation Center, Inc. filed.
- Jan 27 2023Brief amicus curiae of Civil Justice Association of California filed.
- Jan 27 2023Brief amicus curiae of Washington Legal Foundation filed.
- Jan 27 2023Brief amici curiae of Chamber of Commerce of the United States of America and the National Federation of Independent Business Small Business Legal Center filed.
- Jan 27 2023Brief amicus curiae of DRI Center for Law and Public Policy filed. (February 22, 2023 - corrected brief and PDF). (Distributed)
- Jan 25 2023Letter of respondent Abraham Bielski regarding proceedings in the CA-9 Circuit filed. (Distributed)
- Jan 24 2023Letter of petitioner Coinbase, Inc. regarding proceedings in the CA-9 Circuit filed. (Distributed)
- Jan 20 2023Brief of petitioner Coinbase, Inc. filed.
- Jan 20 2023Joint appendix Volume I & II filed. (Statement of costs filed)
- Dec 09 2022Petition GRANTED.
- Dec 05 2022DISTRIBUTED for Conference of 12/9/2022.
- Dec 05 2022Letter from petitioner received.
- Nov 30 2022Supplemental brief of respondents David Suski, et al. filed. (Distributed)
- Nov 29 2022Supplemental brief of respondent Abraham Bielski filed. (Distributed)
- Nov 17 2022Supplemental brief of petitioner Coinbase, Inc. filed. (Distributed)
- Nov 15 2022DISTRIBUTED for Conference of 12/2/2022.
- Nov 11 2022Reply of petitioner Coinbase, Inc. filed. (Distributed)
- Oct 31 2022Brief of respondents David Suski, et al. in support filed.
- Sep 29 2022Response Requested. (Due October 31, 2022)
- Sep 21 2022DISTRIBUTED for Conference of 10/7/2022.
- Sep 20 2022Reply of Coinbase, Inc. not accepted for filing. (Corrected version to be submitted) (September 20, 2022)
- Sep 20 2022Reply of petitioner Coinbase, Inc. filed. (Distributed)
- Sep 02 2022Brief of respondent Abraham Bielski in opposition filed.
- Aug 23 2022Waiver of right of respondents David Suski, et al. to respond filed.
- Aug 10 2022Motion to expedite consideration filed by petitioner DENIED.
- Aug 10 2022Application (22A91) referred to the Court.
- Aug 10 2022Application (22A92) referred to the Court.
- Aug 10 2022Application (22A91) denied by the Court.
- Aug 10 2022Application (22A92) denied by the Court.
- Aug 09 2022Reply of applicant Coinbase, Inc. filed.
- Aug 08 2022Response to motion to expedite from respondent Abraham Bielski filed.
- Aug 08 2022Response to application (22A91) from respondent Abraham Bielski filed.
- Aug 08 2022Letter in response to application (22A92) received from respondents David Suski, et al.
- Aug 08 2022Letter in response to motion to expedite received from respondents David Suski, et al.
- Aug 04 2022Response to application (22A91) requested by Justice Kagan, due by 5 p.m. (ET) on Monday, August 8, 2022.
- Aug 04 2022Response to application (22A92) requested by Justice Kagan, due by 5 p.m. (ET) on Monday, August 8, 2022.
- Aug 04 2022Respondents are directed to respond to the motion to expedite consideration by 5 p.m. (ET) on Monday, August 8, 2022.
- Jul 29 2022Petition for a writ of certiorari filed. (Response due September 2, 2022)
- Jul 29 2022Application (22A91) for a stay, submitted to Justice Kagan.
- Jul 29 2022Application (22A92) for a stay, submitted to Justice Kagan.
- Jul 29 2022Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner.