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
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Jul 30 2018Application (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 2018Application (18A113) granted by Justice Alito extending the time to file until September 27, 2018.
Aug 31 2018Application (18A113) to extend further the time from September 27, 2018 to October 27, 2018, submitted to Justice Alito.
Written Request
Sep 04 2018Application (18A113) granted by Justice Alito extending the time to file until October 27, 2018.
Oct 26 2018Petition for a writ of certiorari filed. (Response due November 30, 2018)
PetitionAppendixCertificate of Word CountProof of Service
Nov 20 2018Motion to extend the time to file a response from November 30, 2018 to December 31, 2018, submitted to The Clerk.
Main Document
Nov 20 2018Blanket Consent filed by Petitioners, CITGO Asphalt Refining Company, et al.
Blanket ConsentProof of Service
Nov 21 2018Motion 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 2018Brief amici curiae of American Fuels & Petrochemical Manufacturers Association, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Nov 30 2018Brief amici curiae of Maritime Law Association of the United States et al. filed.
Main DocumentProof of ServiceCertificate of Word Count
Dec 18 2018Motion to extend the time to file a response from January 2, 2019 to February 1, 2019, submitted to The Clerk.
Main Document
Dec 19 2018Motion 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 2019Motion to extend the time to file a response from February 1, 2019 to March 4, 2019, submitted to The Clerk.
Main Document
Jan 25 2019Motion 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 2019Brief of respondent United States in opposition filed.
Main DocumentMain Document
Mar 04 2019Brief of respondents Frescati Shipping Company, Ltd., et al. in opposition filed.
Main DocumentCertificate of Word CountProof of Service
Mar 19 2019Reply of petitioners CITGO Asphalt Refining Company, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Mar 20 2019DISTRIBUTED for Conference of 4/12/2019.
Apr 15 2019DISTRIBUTED for Conference of 4/18/2019.
Apr 22 2019Petition GRANTED.
Apr 26 2019Blanket Consent filed by Petitioners, CITGO Asphalt Refining Company, et al.
Blanket ConsentProof of Service
May 09 2019Motion of the parties for an extension of time to file the briefs on the merits filed.
Main DocumentProof of Service
May 16 2019Motion 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 2019Motion to dispense with printing the joint appendix filed by petitioners CITGO Asphalt Refining Company, et al.
Main DocumentProof of Service
Jul 03 2019Motion for a further extension of time to file the joint appendix filed.
Main DocumentProof of Service
Jul 03 2019Motion 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 2019SET FOR ARGUMENT on Tuesday, November 5, 2019.
Jul 09 2019Brief of petitioners CITGO Asphalt Refining Company, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Jul 16 2019Brief amicus curiae of North American Export Grain Association filed.
Main DocumentCertificate of Word CountProof of Service
Jul 16 2019Brief amici curiae of American Fuels & Petrochemical Manufacturers Association and International Liquid Terminals Association filed.
Main DocumentCertificate of Word CountProof of Service
Jul 16 2019Brief amicus curiae of Tricon Energy, Ltd. filed.
Main DocumentCertificate of Word CountProof of Service
Aug 05 2019Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Sep 03 2019CIRCULATED
Sep 10 2019Brief of respondent United States filed. (Distributed)
Main DocumentProof of Service
Sep 10 2019Brief of Private Respondents filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 13 2019Brief amicus curiae of Sir Bernard Eder filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 16 2019Record requested from the U.S.C.A. 3rd Circuit.
Sep 16 2019Brief amici curiae of BIMCO (Formerly The Baltic and International Maritime Council), et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 17 2019Amicus brief of Manfred W. Arnold not accepted for filing. (September 17, 2019 -- Duplicate submission)
Sep 17 2019Brief amicus curiae of Manfred W. Arnold filed. (Distributed)
Certificate of Word CountMain DocumentProof of Service
Sep 17 2019Motion for divided argument filed by the Solicitor General.
Proof of ServiceMain Document
Oct 07 2019The record from the U.S.C.A. 3rd Circuit has been electronically filed.
Oct 09 2019Reply of petitioners CITGO Asphalt Refining Company, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 15 2019Motion for divided argument filed by the Solicitor General GRANTED.
Nov 05 2019Argued. 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 2020Adjudged 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 2020JUDGMENT ISSUED.

NAMEADDRESSPHONE
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. GoldsteinGoldstein & 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 LevyMontgomery, 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.