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Duble v. FedEx Ground Package System, Inc.

Petition for certiorari denied on June 1, 2015

Docket No. Op. Below Argument Opinion Vote Author Term
14-1028 11th Cir. N/A N/A N/A N/A OT 2014

Issue: (1) Whether, when the filing of an Equal Employment Opportunity Commission (EEOC) charge of retaliation prompts a new retaliatory act, a plaintiff must file a second EEOC charge in order to judicially pursue the post-charge retaliation; and (2) whether, where the claimant reports post-charge retaliation to the EEOC, the employer defends the post-charge retaliatory act in its position statement to the EEOC, and the EEOC investigates and makes an express final determination regarding the post-charge retaliation, the post-charge retaliatory act has been administratively exhausted.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
12/08/2014Application (14A620) to extend the time to file a petition for a writ of certiorari from December 22, 2014 to February 20, 2015, submitted to Justice Kennedy.
12/16/2014Application (14A620) granted by Justice Thomas extending the time to file until February 20, 2015.
02/19/2015Petition for a writ of certiorari filed. (Response due March 25, 2015)
03/06/2015Waiver of right of respondent FedEx Ground Package System, Inc. to respond filed.
03/11/2015DISTRIBUTED for Conference of March 27, 2015.
03/17/2015Response Requested . (Due April 16, 2015)
03/31/2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
04/14/2015Order extending time to file response to petition to and including April 28, 2015.
04/16/2015Brief amicus curiae of National Employment Lawyers Association, Florida Chapter filed.
04/28/2015Brief of respondent FedEx Ground Package System, Inc. in opposition filed.
05/08/2015Reply of petitioner Michael Duble filed.
05/12/2015DISTRIBUTED for Conference of May 28, 2015.
06/01/2015Petition DENIED.