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Coinbase, Inc. v. Bielski

Docket No.22-105
Op. Below9th Cir.
ArgumentMar 21, 2023

Holding

A district court must stay its proceedings while an interlocutory appeal taken pursuant to 9 U.S.C. § 16(a) on the question of arbitrability is ongoing.

Judgment

Reversed and remanded, 5-4, in an opinion by Brett Kavanaugh on Jun 23, 2023. Justice Jackson filed a dissenting opinion, in which Justices Sotomayor and Kagan joined in full, and in which Justice Thomas joined as to Parts II, III, and IV.

Proceedings & orders timeline

Jul 29, 2022
Petition for a writ of certiorari filed. (Response due September 2, 2022)
Jul 29, 2022
Application (22A91) for a stay, submitted to Justice Kagan.
Jul 29, 2022
Application (22A92) for a stay, submitted to Justice Kagan.
Jul 29, 2022
Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner.
Aug 4, 2022
Response to application (22A91) requested by Justice Kagan, due by 5 p.m. (ET) on Monday, August 8, 2022.
Aug 4, 2022
Response to application (22A92) requested by Justice Kagan, due by 5 p.m. (ET) on Monday, August 8, 2022.
Aug 4, 2022
Respondents are directed to respond to the motion to expedite consideration by 5 p.m. (ET) on Monday, August 8, 2022.
Aug 8, 2022
Response to motion to expedite from respondent Abraham Bielski filed.
Aug 8, 2022
Response to application (22A91) from respondent Abraham Bielski filed.
Aug 8, 2022
Letter in response to application (22A92) received from respondents David Suski, et al.
Aug 8, 2022
Letter in response to motion to expedite received from respondents David Suski, et al.
Aug 9, 2022
Reply of applicant Coinbase, Inc. filed.
Aug 10, 2022
Motion to expedite consideration filed by petitioner DENIED.
Aug 10, 2022
Application (22A91) referred to the Court.
Aug 10, 2022
Application (22A92) referred to the Court.
Aug 10, 2022
Application (22A91) denied by the Court.
Aug 10, 2022
Application (22A92) denied by the Court.
Aug 23, 2022
Waiver of right of respondents David Suski, et al. to respond filed.
Sep 2, 2022
Brief of respondent Abraham Bielski in opposition filed.
Sep 20, 2022
Reply of Coinbase, Inc. not accepted for filing. (Corrected version to be submitted) (September 20, 2022)
Sep 20, 2022
Reply of petitioner Coinbase, Inc. filed. (Distributed)
Sep 21, 2022
DISTRIBUTED for Conference of 10/7/2022.
Sep 29, 2022
Response Requested. (Due October 31, 2022)
Oct 31, 2022
Brief of respondents David Suski, et al. in support filed.
Nov 11, 2022
Reply of petitioner Coinbase, Inc. filed. (Distributed)
Nov 15, 2022
DISTRIBUTED for Conference of 12/2/2022.
Nov 17, 2022
Supplemental brief of petitioner Coinbase, Inc. filed. (Distributed)
Nov 29, 2022
Supplemental brief of respondent Abraham Bielski filed. (Distributed)
Nov 30, 2022
Supplemental brief of respondents David Suski, et al. filed. (Distributed)
Dec 5, 2022
DISTRIBUTED for Conference of 12/9/2022.
Dec 5, 2022
Letter from petitioner received.
Dec 9, 2022
Petition GRANTED.
Jan 20, 2023
Brief of petitioner Coinbase, Inc. filed.
Jan 20, 2023
Joint appendix Volume I & II filed. (Statement of costs filed)
Jan 24, 2023
Letter of petitioner Coinbase, Inc. regarding proceedings in the CA-9 Circuit filed. (Distributed)
Jan 25, 2023
Letter of respondent Abraham Bielski regarding proceedings in the CA-9 Circuit filed. (Distributed)
Jan 27, 2023
Brief amicus curiae of National Retail Federation filed.
Jan 27, 2023
Brief amicus curiae of Atlantic Legal Foundation filed.
Jan 27, 2023
Brief amicus curiae of Retail Litigation Center, Inc. filed.
Jan 27, 2023
Brief amicus curiae of Civil Justice Association of California filed.
Jan 27, 2023
Brief amicus curiae of Washington Legal Foundation filed.
Jan 27, 2023
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.
Jan 27, 2023
Brief amicus curiae of DRI Center for Law and Public Policy filed. (February 22, 2023 - corrected brief and PDF). (Distributed)
Jan 31, 2023
SET FOR ARGUMENT on Tuesday, March 21, 2023.
Feb 3, 2023
Record requested from the U.S.C.A. for the Ninth Circuit.
Feb 3, 2023
All records from the USCA-9th Circuit and USDC-ND California are available on PACER.
Feb 13, 2023
CIRCULATED
Feb 15, 2023
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)
Feb 21, 2023
Brief of respondent Abraham Bielski filed. (Distributed)
Feb 21, 2023
Brief of respondents David Suski, et al. filed. (Distributed)
Feb 27, 2023
Motion for divided argument filed by respondents.
Feb 28, 2023
Brief amicus curiae of Public Justice filed. (Distributed)
Feb 28, 2023
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Feb 28, 2023
Brief amicus curiae of American Association for Justice filed. (Distributed)
Mar 1, 2023
Suggestion of mootness as to Coinbase, Inc. v. Suski, et al., filed by respondent Abraham Bielski. (Distributed)
Mar 6, 2023
Motion for divided argument filed by respondents DENIED.
Mar 7, 2023
Response to suggestion of mootness as to Coinbase, Inc. v. Suski, et al., filed by petitioner Coinbase, Inc.. (Distributed)
Mar 9, 2023
Reply of petitioner Coinbase, Inc. filed. (Distributed)
Mar 10, 2023
Notice of withdrawal of his suggestion of mootness as to Coinbase, Inc. v. Suski, et al, filed by respondent Abraham Bielski. (Distributed)
Mar 13, 2023
Response to suggestion of mootness from respondents Suski et al. filed. (Distributed)
Mar 21, 2023
Argued. For petitioner: Neal K. Katyal, Washington, D. C. For respondents: Hassan A. Zavareei, Washington, D. C.
Jun 23, 2023
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.
Jul 25, 2023
Judgment issued.

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