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RBS Citizens, N.A. v. Ross

Petition granted, judgment vacated and case remanded for further consideration in light of Comcast Corp. v. Behrend on April 1, 2013

Docket No.12-165
Op. Below7th Cir.

Issue

(1) Whether it is consistent with Wal-Mart Stores, Inc. v. Dukes to hold that a defendant to a Federal Rule of Civil Procedure 23(b)(3) class action has no right to raise statutory af?rmative defenses on an individual basis if the classseeks "only" monetary relief; and (2) whether a district court can conclude that the Rule 23(a)(2) commonality requirement is satis?ed when a class claims the denial of overtime pay, without resolving whether dissimilarities in the class would preclude it from establishing liability on a class-wide basis.

Proceedings & orders timeline

Jun 20, 2012
Application (11A1222) to extend the time to file a petition for a writ of certiorari from July 2, 2012 to August 1, 2012, submitted to Justice Kagan.
Jun 21, 2012
Application (11A1222) granted by Justice Kagan extending the time to file until August 1, 2012.
Aug 1, 2012
Petition for a writ of certiorari filed. (Response due September 3, 2012)
Aug 7, 2012
Waiver of right of respondents Synthia G. Ross, et al. to respond filed.
Aug 15, 2012
DISTRIBUTED for Conference of September 24, 2012.
Aug 22, 2012
Response Requested . (Due September 21, 2012)
Sep 21, 2012
Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
Sep 21, 2012
Brief of respondents Synthia G. Ross, et al. in opposition filed.
Oct 1, 2012
Reply of petitioners RBS Citizens, N.A., dba Charter One, et al. filed. (Distributed)
Oct 3, 2012
DISTRIBUTED for Conference of October 26, 2012.
Mar 27, 2013
DISTRIBUTED for Conference of March 29, 2013.
Apr 1, 2013
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Comcast Corp. v. Behrend, 569 U.S. ___ (2013).
May 3, 2013
JUDGMENT ISSUED.

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