| No. 18-565 | |
| Title: | CITGO Asphalt Refining Company, et al., Petitioners v. Frescati Shipping Company, Ltd., et al. |
| Docketed: | October 31, 2018 |
| Linked with 18A113 | |
| Lower Ct: | United States Court of Appeals for the Third Circuit |
| Case Numbers: | (16-3470, 16-3552, 16-3867, 16-3868) |
| Decision Date: | March 29, 2018 |
| Rehearing Denied: | May 30, 2018 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jul 30 2018 | Application (18A113) to extend the time to file a petition for a writ of certiorari from August 28, 2018 to September 27, 2018, submitted to Justice Alito. |
| Main Document | |
| Jul 31 2018 | Application (18A113) granted by Justice Alito extending the time to file until September 27, 2018. |
| Aug 31 2018 | Application (18A113) to extend further the time from September 27, 2018 to October 27, 2018, submitted to Justice Alito. |
| Written Request | |
| Sep 04 2018 | Application (18A113) granted by Justice Alito extending the time to file until October 27, 2018. |
| Oct 26 2018 | Petition for a writ of certiorari filed. (Response due November 30, 2018) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Nov 20 2018 | Motion to extend the time to file a response from November 30, 2018 to December 31, 2018, submitted to The Clerk. |
| Main Document | |
| Nov 20 2018 | Blanket Consent filed by Petitioners, CITGO Asphalt Refining Company, et al. |
| Blanket ConsentProof of Service | |
| Nov 21 2018 | Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2019, for all respondents. |
| Nov 30 2018 | Brief amici curiae of American Fuels & Petrochemical Manufacturers Association, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 30 2018 | Brief amici curiae of Maritime Law Association of the United States et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 18 2018 | Motion to extend the time to file a response from January 2, 2019 to February 1, 2019, submitted to The Clerk. |
| Main Document | |
| Dec 19 2018 | Motion to extend the time to file a response is granted and the time is further extended to and including February 1, 2019, for all respondents. |
| Jan 24 2019 | Motion to extend the time to file a response from February 1, 2019 to March 4, 2019, submitted to The Clerk. |
| Main Document | |
| Jan 25 2019 | Motion to extend the time to file a response is granted and the time is further extended to and including March 4, 2019, for all respondents. |
| Mar 04 2019 | Brief of respondent United States in opposition filed. |
| Main DocumentMain Document | |
| Mar 04 2019 | Brief of respondents Frescati Shipping Company, Ltd., et al. in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 19 2019 | Reply of petitioners CITGO Asphalt Refining Company, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 20 2019 | DISTRIBUTED for Conference of 4/12/2019. |
| Apr 15 2019 | DISTRIBUTED for Conference of 4/18/2019. |
| Apr 22 2019 | Petition GRANTED. |
| Apr 26 2019 | Blanket Consent filed by Petitioners, CITGO Asphalt Refining Company, et al. |
| Blanket ConsentProof of Service | |
| May 09 2019 | Motion of the parties for an extension of time to file the briefs on the merits filed. |
| Main DocumentProof of Service | |
| May 16 2019 | Motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 9, 2019. The time to file respondents' briefs on the merits is extended to and including September 10, 2019. |
| Jun 19 2019 | Motion to dispense with printing the joint appendix filed by petitioners CITGO Asphalt Refining Company, et al. |
| Main DocumentProof of Service | |
| Jul 03 2019 | Motion for a further extension of time to file the joint appendix filed. |
| Main DocumentProof of Service | |
| Jul 03 2019 | Motion to further extend the time to file the joint appendix and granted and the time is extended to and including August 8, 2019. |
| Jul 08 2019 | SET FOR ARGUMENT on Tuesday, November 5, 2019. |
| Jul 09 2019 | Brief of petitioners CITGO Asphalt Refining Company, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 16 2019 | Brief amicus curiae of North American Export Grain Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 16 2019 | Brief amici curiae of American Fuels & Petrochemical Manufacturers Association and International Liquid Terminals Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 16 2019 | Brief amicus curiae of Tricon Energy, Ltd. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 05 2019 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| Sep 03 2019 | CIRCULATED |
| Sep 10 2019 | Brief of respondent United States filed. (Distributed) |
| Main DocumentProof of Service | |
| Sep 10 2019 | Brief of Private Respondents filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 13 2019 | Brief amicus curiae of Sir Bernard Eder filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 16 2019 | Record requested from the U.S.C.A. 3rd Circuit. |
| Sep 16 2019 | Brief amici curiae of BIMCO (Formerly The Baltic and International Maritime Council), et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 17 2019 | Amicus brief of Manfred W. Arnold not accepted for filing. (September 17, 2019 -- Duplicate submission) |
| Sep 17 2019 | Brief amicus curiae of Manfred W. Arnold filed. (Distributed) |
| Certificate of Word CountMain DocumentProof of Service | |
| Sep 17 2019 | Motion for divided argument filed by the Solicitor General. |
| Proof of ServiceMain Document | |
| Oct 07 2019 | The record from the U.S.C.A. 3rd Circuit has been electronically filed. |
| Oct 09 2019 | Reply of petitioners CITGO Asphalt Refining Company, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 15 2019 | Motion for divided argument filed by the Solicitor General GRANTED. |
| Nov 05 2019 | Argued. For petitioners: Carter G. Phillips, Washington, D. C. For federal respondent: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For private respondents: Thomas C. Goldstein, Bethesda, Md. |
| Mar 30 2020 | Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsurg, Breyer, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined. |
| May 01 2020 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Carter G. Phillips Counsel of Record | Sidley Austin LLP 1501 K Street, N.W. Washington, DC 20005 cphillips@sidley.com | +1 202 736 8270 |
| Party name: CITGO Asphalt Refining Company, et al. | ||
| Attorneys for Respondents | ||
| Noel J. Francisco Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Sarah Elaine Harrington Counsel of Record | Goldstein & Russell, P.C. 7475 Wisconsin Avenue Suite 850 Bethesda, MD 20814 sh@goldsteinrussell.com | 202-362-0636 |
| Party name: Frescati Shipping Company, Ltd., et al. | ||
| Thomas C. Goldstein | Goldstein & Russell, P.C. 7475 Wisconsin Ave. Suite 850 Bethesda, MD 20814 tgoldstein@goldsteinrussell.com | 2023620636 |
| Party name: Frescati Shipping Company, Ltd., et al. | ||
| John Joseph Levy | Montgomery, McCracken, et al. LibertyView 457 haddonfield Road, 6th fl. Cherry Hill, NJ 08002 jlevy@mmwr.com | 856-488-7700 |
| Party name: Frescati Shipping Company, Ltd., et al. | ||
| Other | ||
| James W. Bartlett III Counsel of Record | Suite 2200 250 W. Pratt Street Baltimore, MD 21201 jbartlett@semmes.com | 410-576-4833 |
| Party name: Sir Bernard Eder | ||
| Benjamin Joel Beaton Counsel of Record | Squire Patton Boggs (US) LLP 201 E. Fourth Street Suite 1900 Cincinnati, OH 45202 benjamin.beaton@squirepb.com | 513-361-1200 |
| Party name: North American Export Grain Association | ||
| Lizabeth Lorie Burrell Counsel of Record | Burlingham, Underwood & Lord One Battery Park Plaza New York, NY 10004-0000 lizabethlburrell@gmail.com | 9179724075 |
| Party name: BIMCO (FORMERLY THE BALTIC AND INTERNATIONAL MARITIME COUNCIL), THE INTERNATIONAL ASSOCIATION OF INDEPENDENT TANKER OWNERS (“INTERTANKO”), AND THE INTERNATIONAL ASSOCIATION OF DRY CARGO SHIPOWNERS (“INTERCARGO”) | ||
| Brendan Collins Counsel of Record | GKG Law, P.C. 1055 Thomas Jefferson Street, NW, Suite 500 Washington, DC 20007 bcollins@gkglaw.com | 202-342-6793 |
| Party name: American Fuels & Petrochemical Manufacturers Association and International Liquid Terminals Association | ||
| George Ravelo Diaz-Arrastia Counsel of Record | Schirrmeister Diaz-Arrastia Brem, LLP 711 Louisiana Street, Suite 1750 Pennzoil Place - South Tower Houston, TX 77002 gdarrastia@sdablaw.com | 713-221-2500 |
| Party name: Tricon Energy, Ltd. | ||
| Chester Douglas Hooper Counsel of Record | 15 Candleberry Lane Harvard, MA 01451 chesterdhooper@outlook.com | 978-456-3171 |
| Party name: Manfred W. Arnold | ||
| Michael F. Sturley Counsel of Record | 727 East Dean Keeton Street Austin, TX 78705-0000 msturley@law.utexas.edu | 5122321350 |
| Party name: Maritime Law Association of the United States et al. | ||