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E.M.D. Sales, Inc. v. Carrera

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Docket No. Op. Below Argument Opinion Vote Author Term
23-217 4th Cir. Nov 5, 2024
 TBD TBD TBD OT 2024

Issue: Whether the burden of proof that employers must satisfy to demonstrate the applicability of a Fair Labor Standards Act exemption is a mere preponderance of the evidence or clear and convincing evidence.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 05 2023Petition for a writ of certiorari filed. (Response due October 10, 2023)
Oct 03 2023Waiver of right of respondent Faustino Sanchez Carrera, et al. to respond filed.
Oct 06 2023Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Oct 10 2023Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Oct 11 2023DISTRIBUTED for Conference of 10/27/2023.
Oct 12 2023Response Requested. (Due November 13, 2023)
Nov 07 2023Brief of respondents Faustino Sanchez Carrera, et al. in opposition filed.
Nov 13 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Nov 13 2023Reply of petitioners E.M.D. Sales, Inc., et al. filed. (Distributed)
Nov 14 2023DISTRIBUTED for Conference of 12/1/2023.
Dec 01 2023Rescheduled.
Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
Dec 11 2023The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 07 2024Brief amicus curiae of United States filed.
May 20 2024Supplemental brief of respondents Faustino Sanchez Carrera, et al. filed. (Distributed)
May 21 2024DISTRIBUTED for Conference of 6/6/2024.
May 21 2024Supplemental brief of petitioners E.M.D. Sales, Inc., et al. filed. (Distributed)
Jun 10 2024DISTRIBUTED for Conference of 6/13/2024.
Jun 17 2024Petition GRANTED.
Jun 25 2024Motion to dispense with printing the joint appendix filed by petitioners E.M.D. Sales, Inc., et al.
Jun 25 2024Motion for an extension of time to file the briefs on the merits filed.
Jul 02 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 13, 2024. The time to file respondents' brief on the merits is extended to and including September 24, 2024.
Jul 22 2024Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jul 26 2024SET FOR ARGUMENT on Tuesday, November 5, 2024.
Aug 06 2024Record requested from the United States Court of Appeals for the Fourth Circuit.
Aug 09 2024Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER.
Aug 13 2024Brief of petitioners E.M.D. Sales, Inc., et al. filed.
Aug 14 2024Brief amicus curiae of Washington Legal Foundation filed.
Aug 14 2024Brief amicus curiae of New England Legal Foundation filed.
Aug 19 2024Brief amici curiae of The Local Government Legal Center, et al. filed.
Aug 19 2024Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Aug 19 2024Brief amici curiae of National Assoc. of Wholesaler-Distributors, et al. filed.
Aug 20 2024Brief amicus curiae of United States filed.
Sep 24 2024Brief of respondents Faustino Sanchez Carrera, et al. filed.
Sep 25 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 01 2024CIRCULATED
Oct 15 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 22 2024Reply of petitioners E.M.D. Sales, Inc., et al. filed. (Distributed)
Nov 05 2024Argued. For petitioners: Lisa S. Blatt, Washington, D. C.; and Aimee W. Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Lauren E. Bateman, Washington, D. C.