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Cracker Barrel Old Country Store, Inc. v. Harrington

Pending petition

Linked with:

Docket No. Op. BelowArgument Opinion Vote Author Term
25-559 9th Cir. TBD TBD TBD TBD TBD

Issue: Whether a district court may authorize notice inviting joinder to a Fair Labor Standards Act collective action before a plaintiff shows by a preponderance of the evidence that the members of the collective receiving notice are “similarly situated” to the named plaintiff within the meaning of 29 U.S.C. § 216(b) – and if not, what showing must be made before this notice may be authorized.

DateProceedings and Orders (key to color coding)
11/05/2025Petition for a writ of certiorari filed. (Response due December 8, 2025)
11/21/2025Motion to extend the time to file a response from December 8, 2025 to January 7, 2026, submitted to The Clerk.
11/24/2025Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2026.
12/08/2025Brief amicus curiae of Retail Litigation Center, Inc. filed.
01/07/2026Brief of respondents Andrew Harrington, et al. in opposition filed.
01/16/2026Reply of petitioner Cracker Barrel Old Country Store, Inc. filed. (Distributed)
01/21/2026DISTRIBUTED for Conference of 2/20/2026.