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
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 affirmative 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 satisfied 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.
| Date | Proceedings and Orders (key to color coding) |
|---|
| 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. |
