No. 21-885

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

Lower Court: Ninth Circuit
Docketed: 2021-12-15
Status: Dismissed
Type: Paid
Experienced Counsel
Tags: appellate-jurisdiction circuit-split discretionary-stay discretionary-test federal-arbitration-act interlocutory-appeal motion-to-compel-arbitration stay-of-proceedings
Key Terms:
Arbitration FirstAmendment Copyright Privacy JusticiabilityDoctri ClassAction
Latest Conference: N/A
Question Presented (AI Summary)

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?

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

2021-12-23
Application (21A230) withdrawn.
2021-12-23
Petition Dismissed - Rule 46.
2021-12-20
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.
2021-12-20
Joint stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 filed.
2021-12-20
Letter from counsel for applicant dated December 20, 2021 filed.
2021-12-19
Letter from counsel for respondents dated December 19, 2021 filed.
2021-12-16
Response to application (21A230) requested by Justice Kagan, due Tuesday, December 21, 2021, by 3 p.m.
2021-12-13
Petition for a writ of certiorari filed. (Response due January 14, 2022)
2021-12-13
Application (21A230) for a stay pending disposition of the petition for a writ of certiorari, submitted to Justice Kagan.
2021-12-13
Motion to expedite consideration of the petition for a writ of certiorari filed by petitioner PeopleConnect, Inc.

Attorneys

Meredith Callahan, et al.
Kelsi Brown CorkranInstitute for Constitutional Advocacy & Protection, Respondent
Kelsi Brown CorkranInstitute for Constitutional Advocacy & Protection, Respondent
PeopleConnect, Inc.
Adam G. UnikowskyJenner & Block LLP, Petitioner
Adam G. UnikowskyJenner & Block LLP, Petitioner