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
 
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)
Nov 20 2018 Motion to extend the time to file a response from November 30, 2018 to December 31, 2018, submitted to The Clerk.
Nov 20 2018 Blanket Consent filed by Petitioners, CITGO Asphalt Refining Company, et al.
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.
Nov 30 2018 Brief amici curiae of Maritime Law Association of the United States et al. filed.
Dec 18 2018 Motion to extend the time to file a response from January 2, 2019 to February 1, 2019, submitted to The Clerk.
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.
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.
Mar 04 2019 Brief of respondents Frescati Shipping Company, Ltd., et al. in opposition filed.
Mar 19 2019 Reply of petitioners CITGO Asphalt Refining Company, et al. filed.
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.
May 09 2019 Motion of the parties for an extension of time to file the briefs on the merits filed.
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.
Jul 03 2019 Motion for a further extension of time to file the joint appendix filed.
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.
Jul 16 2019 Brief amicus curiae of North American Export Grain Association filed.
Jul 16 2019 Brief amici curiae of American Fuels & Petrochemical Manufacturers Association and International Liquid Terminals Association filed.
Jul 16 2019 Brief amicus curiae of Tricon Energy, Ltd. filed.
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)
Sep 10 2019 Brief of Private Respondents filed. (Distributed)
Sep 13 2019 Brief amicus curiae of Sir Bernard Eder filed. (Distributed)
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)
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)
Sep 17 2019 Motion for divided argument filed by the Solicitor General.
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)
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.
Attorneys
Attorneys for Petitioners
Carter G. Phillips
Counsel of Record
Sidley Austin LLP
1501 K Street, N.W.
Washington, DC 20005

CPHILLIPS@SIDLEY.COM
Ph: +1 202 736 8000
Party name: CITGO Asphalt Refining Company, et al.


Attorneys for Respondents
Noel John Francisco
Counsel of Record
Jones Day
51 Louisiana Avenue, NW
Washington, DC 20001

NJFRANCISCO@JONESDAY.COM
Ph: (202) 879-3939
Party name: United States


Sarah Elaine Harrington
Counsel of Record
Covington & Burling LLP
One CityCenter, 850 Tenth St. NW
Washington, DC 20001

sharrington@cov.com
Ph: 202-662-6000
Party name: Frescati Shipping Company, Ltd., et al.


Thomas C. Goldstein

4323 Hawthorne Street, NW
Washington, DC 20016

TOM@TOMGOLDSTEIN.NET
Ph: (202) 674-7594
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
Ph: 856-488-7700
Party name: Frescati Shipping Company, Ltd., et al.


Other Attorneys
James W. Bartlett III
Suite 2200
250 W. Pratt Street
Baltimore, MD 21201

jbartlett@semmes.com
Ph: 410-576-4833
Party name: Sir Bernard Eder


Benjamin Joel Beaton
Squire Patton Boggs (US) LLP
201 E. Fourth Street
Suite 1900
Cincinnati, OH 45202

benjamin.beaton@squirepb.com
Ph: 513-361-1200
Party name: North American Export Grain Association


Lizabeth Lorie Burrell
Burlingham, Underwood & Lord
One Battery Park Plaza
New York, NY 10004-0000

lizabethlburrell@gmail.com
Ph: 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
GKG Law, P.C.
1055 Thomas Jefferson Street, NW, Suite 500
Washington, DC 20007

bcollins@gkglaw.com
Ph: 202-342-6793
Party name: American Fuels & Petrochemical Manufacturers Association and International Liquid Terminals Association


George Ravelo Diaz-Arrastia
Schirrmeister Diaz-Arrastia Brem, LLP
711 Louisiana Street, Suite 1750
Pennzoil Place - South Tower
Houston, TX 77002

gdarrastia@sdablaw.com
Ph: 713-221-2500
Party name: Tricon Energy, Ltd.


Chester Douglas Hooper
15 Candleberry Lane
Harvard, MA 01451

chesterdhooper@outlook.com
Ph: 978-456-3171
Party name: Manfred W. Arnold


Michael F. Sturley
727 East Dean Keeton Street
Austin, TX 78705

msturley@law.utexas.edu
Ph: 5122321350
Party name: Maritime Law Association of the United States et al.