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Vantage Energy Services, Incorporated, et al. v. Equal Employment Opportunity Commission

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-20541 · judgment April 3, 2020

Certiorari denied · January 11, 2021
Pre-decision estimate: 7% cert probability (95% interval 5%–10%)

Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a business petitioner.

Questions presented

  1. Whether the combination of an unverified intake questionnaire submitted on behalf of the charging party and an inexcusably dilatory verified charge meets the statutory requirements of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

  2. Whether the facial plausibility standard of Ashcroft v. Iqbal, 556 U.S. 662 (2009), applies to alleging conditions precedent under Federal Rule of Civil Procedure 9(c).

Counsel of record

For petitioner
Michael J. Golden
Boulette Golden & Marin LLP

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 09 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 04 2020
    Reply of petitioners Vantage Energy Services, Inc., et al. filed. (Distributed)
  4. Nov 23 2020
    Brief of respondent Equal Employment Opportunity Commission in opposition filed.
  5. Oct 21 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including November 23, 2020.
  6. Oct 20 2020
    Motion to extend the time to file a response from October 23, 2020 to November 23, 2020, submitted to The Clerk.
  7. Sep 04 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including October 23, 2020.
  8. Sep 03 2020
    Motion to extend the time to file a response from September 8, 2020 to October 23, 2020, submitted to The Clerk.
  9. Jul 29 2020
    Motion to extend the time to file a response is granted and the time is extended to and including September 8, 2020. See Rule 30.1.
  10. Jul 28 2020
    Motion to extend the time to file a response from August 7, 2020 to September 7, 2020, submitted to The Clerk.
  11. Jul 02 2020
    Petition for a writ of certiorari filed. (Response due August 7, 2020)