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Integrity Staffing Solutions, Inc. v. Busk

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Docket No. Op. Below Argument Opinion Vote Author Term
13-433 9th Cir. Oct 8, 2014 Dec 8, 2014 9-0 Thomas OT 2014

Holding: The time spent by warehouse workers waiting to undergo and undergoing security screenings is not compensable under the Fair Labor Standards Act, as amended by the Portal-to-Portal Act.

Judgment: Reversed, 9-0, in an opinion by Justice Thomas on December 8, 2014. Justice Sotomayor filed a concurring opinion, in which Justice Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 5 2013Application (13A165) to extend the time to file a petition for a writ of certiorari from September 1, 2013 to October 3, 2013, submitted to Justice Kennedy.
Aug 12 2013Application (13A165) granted by Justice Kennedy extending the time to file until October 3, 2013.
Oct 3 2013Petition for a writ of certiorari filed. (Response due November 7, 2013)
Oct 15 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel or the petitioners.
Nov 4 2013Waiver of right of respondents Jesse Busk, et al. to respond filed.
Nov 7 2013Brief amici curiae of International Municipal Lawyers Association, et al. filed.
Nov 7 2013Brief amici curiae of Retail Litigation Center Inc., et al. filed.
Nov 12 2013DISTRIBUTED for Conference of November 26, 2013.
Nov 13 2013Response Requested . (Due December 13, 2013)
Dec 3 2013Order extending time to file response to petition to and including January 13, 2014.
Jan 13 2014Brief of respondents Jesse Busk, and Laurie Castro, et al. in opposition filed.
Jan 28 2014Reply of petitioner Integrity Staffing Solutions, Inc. filed.
Jan 29 2014DISTRIBUTED for Conference of February 21, 2014.
Feb 24 2014DISTRIBUTED for Conference of February 28, 2014.
Feb 25 2014Letter of February 25, 2014, from counsel for respondents received. (Distributed)
Mar 3 2014Petition GRANTED.
Mar 26 2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 28, 2014.
Apr 17 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Apr 25 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents
May 9 2014The time to file respondents' brief on the merits is extended to and including August 4, 2014.
May 28 2014Joint appendix filed. (Statement of costs filed)
May 28 2014Brief of petitioner Integrity Staffing Solutions, Inc. filed.
Jun 4 2014Brief amicus curiae of the United States filed.
Jun 4 2014Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
Jun 4 2014Brief amici curiae of National League of Cities, et al. filed.
Jun 4 2014Brief amicus curiae of National Retail Federation filed.
Jul 9 2014Record requested from U.S.C.A. 9th Circuit.
Jul 16 2014SET FOR ARGUMENT Wednesday, October 8, 2014
Jul 17 2014Record received from U.S.C.A. 9th Circuit is electronic and located on PACER.
Jul 17 2014Record received from U.S.D.C. District of Nevada is electronic and located on PACER.
Aug 4 2014Brief of respondents Jesse Busk and Laurie Castro, et al. filed.
Aug 7 2014CIRCULATED.
Aug 8 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 8 2014Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
Aug 11 2014Brief amicus curiae of National Employment Lawyers Association filed. (Distributed)
Sep 3 2014Reply of petitioner Integrity Staffing Solutions, Inc. filed. (Distributed)
Oct 2 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 8 2014Argued. For petitioner: Paul D. Clement, Washington, D. C.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Mark R. Thierman, Reno, Nev.
Dec 9 2014Judgment REVERSED. Thomas, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Kagan, J., joined.
Jan 12 2015JUDGMENT ISSUED.