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David A. Ramirez v. Walmart

Paid petition · Supreme Court of North Dakota, No. 20180027 · judgment July 18, 2018


Certiorari denied · February 19, 2019
Pre-decision estimate: 0% cert probability

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

Question presented

March 26, 2017. When the manager's assistant spoke again, that the "... layoffs can continue..." This detail can not be neglected, or overlooked. We have then that: Night shift: Year Month Associated Workload Store 2014 Nov. 30 100% 100% 2017 Mar. 17 140% 100% 2018 Jul. 12 250% 100% We have that the store has not been partially closed, by 2018 it is still open at 100%. The responsibilities that were in 2014, remain the same for 2018. But the remaining staff, not only have to answer for their duties, but also for the staff that has been fired. Your workload is now 250%. The questions are: Why did the Walmart lawyer tell the court that this was a protected activity? In serial dismissals, as a protected activity, do statutes allow that the work left by dismissed personnel must be charged to the remaining personnel? In serial dismissals, as a protected activity, do the bylaws allow the dismissed staff to record a "false cause" as an excuse to be fired? In serial dismissals, as a protected activity, do the bylaws allow staff to be subjected to forced labor before being dismissed?

Counsel of record

For petitioner
David Alejandro Ramirez Moreno

For respondent
Christopher Robert Hedican
Baird Holm LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 19 2019
    Petition DENIED.
  2. Feb 07 2019
    Reply of petitioner David A. Ramirez filed. (Distributed)
  3. Jan 30 2019
    DISTRIBUTED for Conference of 2/15/2019.
  4. Jan 14 2019
    Brief of respondent Walmart Inc. in opposition filed.
  5. Jan 14 2019
    Proof of Service filed with respect to brief in opposition of respondent Walmart Inc.
  6. Jan 14 2019
    Certificate of Compliance filed with respect to brief in opposition of respondent Walmart Inc.
  7. Sep 25 2018
    Petition for a writ of certiorari filed. (Response due January 14, 2019)