No. 21-725

PeopleConnect, Inc. v. Barbara Knapke

Lower Court: Ninth Circuit
Docketed: 2021-11-16
Status: Dismissed
Type: Paid
Experienced Counsel
Tags: appellate-jurisdiction circuit-split discretionary-stay discretionary-test federal-arbitration-act interlocutory-appeal jurisdiction motion-to-compel-arbitration stay-of-proceedings
Key Terms:
Arbitration FirstAmendment Copyright Privacy ClassAction JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether district court proceedings must be stayed pending appeal of a denial of a motion to compel arbitration

Question Presented (from Petition)

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?

Docket Entries

2021-12-01
Petition Dismissed - Rule 46.
2021-11-23
Letter of applicant received.
2021-11-23
Joint stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 filed.
2021-11-23
Application (21A160) withdrawn.
2021-11-19
Letter of applicant received.
2021-11-12
Petition for a writ of certiorari filed. (Response due December 16, 2021)
2021-11-12
Application (21A160) for a stay pending disposition of the petition for a writ of certiorari, submitted to Justice Kagan.
2021-11-12
Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner.

Attorneys

PeopleConnect, Inc.
Adam G. UnikowskyJenner & Block LLP, Petitioner
Adam G. UnikowskyJenner & Block LLP, Petitioner