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Mount Lemmon Fire District v. John Guido, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-15030 · judgment June 19, 2017

Decided · November 6, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The Age Discrimination in Employment Act (ADEA) defines certain private and public entities as "employers" and prohibits them from discriminating against employees because of their age. The Act applies to private entities only if they had "twenty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year." 29 U.S.C. § 630(b). The question presented is: Under the ADEA, does the same twenty-employee minimum that applies to private employers also apply to political subdivisions of a State, as the Sixth, Seventh, Eighth, and Tenth Circuits have held, or does the ADEA apply instead to all State political subdivisions of any size, as the Ninth Circuit held in this case?

Counsel of record

For petitioner
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP

For respondent
Don T. Awerkamp
Awerkamp & Bonilla, PLC

Case

Conference history
Distributed for 3 conferences

Amicus briefs
3 merits
(1 supporting pet./neither, 2 respondent)

Argument & decision

Argued October 1, 2018 — E. Joshua Rosenkranz · Jeffrey L. Fisher. Audio and transcript

Decided November 6, 2018. Opinion by Ginsburg.

Proceedings

  1. Dec 10 2018
    JUDGMENT ISSUED.
  2. Nov 06 2018
    Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which all other Members joined, except Kavanaugh, J., who took no part in the consideration or decision of the case.
  3. Oct 01 2018
    Argued. For petitioner: E. Joshua Rosenkranz, New York, N. Y. For respondents: Jeffrey L. Fisher, Stanford, Cal.; and Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
  4. Aug 30 2018
    Record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
  5. Aug 24 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  6. Aug 07 2018
    Record requested from the U.S.C.A. 9th Circuit.
  7. Aug 06 2018
    Reply of petitioner Mount Lemmon Fire District filed. (Distributed)
  8. Aug 03 2018
    CIRCULATED
  9. Jul 12 2018
    Brief amicus curiae of United States filed.
  10. Jul 12 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  11. Jul 12 2018
    Brief amici curiae of AARP, AARP Foundation and NELA filed.
  12. Jul 09 2018
    SET FOR ARGUMENT On Monday, October 1, 2018
  13. Jul 05 2018
    Brief of respondents John Guido, et al. filed.
  14. May 14 2018
    Brief amici curiae of National Conference of State Legislatures, et al. filed.
  15. May 07 2018
    Brief of petitioner Mount Lemmon Fire District filed.
  16. May 04 2018
    Blanket Consent filed by Petitioner, Mount Lemmon Fire District.
  17. Apr 16 2018
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  18. Apr 06 2018
    Blanket Consent filed by Respondent, John Guido, et al.
  19. Mar 26 2018
    Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 7, 2018. The time to file respondents' brief on the merits is extended to and including July 5, 2018.
  20. Mar 23 2018
    Motion to dispense with printing the joint appendix filed by petitioner Mount Lemmon Fire District.
  21. Mar 23 2018
    Joint motion for an extension of time to file the briefs on the merits filed.
  22. Feb 26 2018
    Petition GRANTED.
  23. Feb 20 2018
    DISTRIBUTED for Conference of 2/23/2018.
  24. Feb 05 2018
    DISTRIBUTED for Conference of 2/16/2018.
  25. Jan 03 2018
    DISTRIBUTED for Conference of 1/19/2018.
  26. Jan 02 2018
    Reply of petitioner Mount Lemmon Fire District filed. (Distributed)
  27. Dec 18 2017
    Brief of respondents John Guido, et al. in opposition filed.
  28. Nov 08 2017
    Order extending time to file response to petition to and including December 18, 2017.
  29. Oct 18 2017
    Petition for a writ of certiorari filed. (Response due November 20, 2017)
  30. Aug 30 2017
    Application (17A226) granted by Justice Kennedy extending the time to file until October 18, 2017.
  31. Aug 25 2017
    Application (17A226) to extend the time to file a petition for a writ of certiorari from September 17, 2017 to October 18, 2017, submitted to Justice Kennedy.