For those of you following the Servotronics case, the case about whether Section 1782 allows for discovery in aid of private foreign arbitrations, Justice Barrett has just denied Servotronics’s request to reconsider the Clerk’s routine administrative decision to enlarge the time for Boeing, the respondent, to file a response to the petition for certiorari. This increases the chance that the issue will become moot before the Supreme Court can decided it. The Justice’s decision was, as is typical in such matters, given without any opinion, but if I had to guess, I would guess that she was more concerned about docket management than the particulars of this case. The last thing I imagine the Court wants to do is to encourage more litigants to seek review of routine decisions from the Clerk’s office. But who knows.
The response to the petition is due next month, and I will cover it here!