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Integrity Staffing Solutions, Inc. v. Busk

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)
08/05/2013Application (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.
08/12/2013Application (13A165) granted by Justice Kennedy extending the time to file until October 3, 2013.
10/03/2013Petition for a writ of certiorari filed. (Response due November 7, 2013)
10/15/2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel or the petitioners.
11/04/2013Waiver of right of respondents Jesse Busk, et al. to respond filed.
11/07/2013Brief amici curiae of International Municipal Lawyers Association, et al. filed.
11/07/2013Brief amici curiae of Retail Litigation Center Inc., et al. filed.
11/12/2013DISTRIBUTED for Conference of November 26, 2013.
11/13/2013Response Requested . (Due December 13, 2013)
12/03/2013Order extending time to file response to petition to and including January 13, 2014.
01/13/2014Brief of respondents Jesse Busk, and Laurie Castro, et al. in opposition filed.
01/28/2014Reply of petitioner Integrity Staffing Solutions, Inc. filed.
01/29/2014DISTRIBUTED for Conference of February 21, 2014.
02/24/2014DISTRIBUTED for Conference of February 28, 2014.
02/25/2014Letter of February 25, 2014, from counsel for respondents received. (Distributed)
03/03/2014Petition GRANTED.
03/26/2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 28, 2014.
04/17/2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
04/25/2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents
05/09/2014The time to file respondents' brief on the merits is extended to and including August 4, 2014.
05/28/2014Joint appendix filed. (Statement of costs filed)
05/28/2014Brief of petitioner Integrity Staffing Solutions, Inc. filed.
06/04/2014Brief amicus curiae of the United States filed.
06/04/2014Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
06/04/2014Brief amici curiae of National League of Cities, et al. filed.
06/04/2014Brief amicus curiae of National Retail Federation filed.
07/09/2014Record requested from U.S.C.A. 9th Circuit.
07/16/2014SET FOR ARGUMENT Wednesday, October 8, 2014
07/17/2014Record received from U.S.C.A. 9th Circuit is electronic and located on PACER.
07/17/2014Record received from U.S.D.C. District of Nevada is electronic and located on PACER.
08/04/2014Brief of respondents Jesse Busk and Laurie Castro, et al. filed.
08/07/2014CIRCULATED.
08/08/2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
08/08/2014Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
08/11/2014Brief amicus curiae of National Employment Lawyers Association filed. (Distributed)
09/03/2014Reply of petitioner Integrity Staffing Solutions, Inc. filed. (Distributed)
10/02/2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/08/2014Argued. 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.
12/09/2014Judgment REVERSED. Thomas, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Kagan, J., joined.
01/12/2015JUDGMENT ISSUED.