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Eastern Pacific Shipping PTE, Limited, dba EPS v. Kholkar Vishveshwar Ganpat

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-30168 · judgment April 28, 2023


Certiorari denied · December 11, 2023
Pre-decision estimate: 9% cert probability (95% interval 5%–15%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition citing more than ten dissents.

Question presented

Whether a federal court may properly issue an injunction requiring the termination of litigation in a foreign court based solely on a conclusion that the foreign litigation will cause hardship to the movant and will frustrate related U.S. litigation.

Counsel of record

For petitioner
Jonathan Charles Bond
Gibson, Dunn & Crutcher LLP

For respondent
Richard Massie Martin Jr.
Lamothe Law Firm, LLC

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, December 11, 2023 · Certiorari denied

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Nov 21 2023
    DISTRIBUTED for Conference of 12/8/2023.
  3. Nov 20 2023
    Reply of petitioner Eastern Pacific Shipping PTE, Limited, d/b/a EPS filed. (Distributed)
  4. Nov 06 2023
    Brief of respondent Kholkar Vishveshwar Ganpat in opposition filed.
  5. Oct 26 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including November 6, 2023.
  6. Oct 24 2023
    Motion to extend the time to file a response from November 3, 2023 to November 6, 2023, submitted to The Clerk.
  7. Sep 07 2023
    Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2023.
  8. Sep 05 2023
    Motion to extend the time to file a response from September 27, 2023 to November 3, 2023, submitted to The Clerk.
  9. Aug 24 2023
    Petition for a writ of certiorari filed. (Response due September 27, 2023)