Supreme Court Report

Supreme Court of the United States · Official docket →

Chipotle Mexican Grill, Inc., et al. v. Maxcimo Scott, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-2208, 18-359 · judgment April 1, 2020

Dismissed · December 21, 2021
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a business petitioner.

Question presented

The Fair Labor Standards Act creates a private right of action under which employees may bring suit for certain violations not just on their own behalf, but also collectively on behalf of “other employees similarly situated.” 29 U.S.C. 216(b). The question presented is: Whether a district court may consider factors other than the presence of a single material question of law or fact common to a group of employees when assessing whether the employees are “similarly situated” for purposes of the collective-action provision of the Fair Labor Standards Act.

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Wayne N. Outten
Outten & Golden LLP

Case

Conference history
Distributed for 5 conferences

Amicus briefs
4 cert-stage

Proceedings

  1. Dec 21 2021
    Petition Dismissed - Rule 46.
  2. Dec 17 2021
    Joint stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 filed.
    Main DocumentProof of Service
  3. Jan 19 2021
    DISTRIBUTED for Conference of 1/22/2021.
  4. Jan 11 2021
    DISTRIBUTED for Conference of 1/15/2021.
  5. Jan 04 2021
    DISTRIBUTED for Conference of 1/8/2021.
  6. Dec 31 2020
    Joint motion to defer consideration of the petition for a writ of certiorari filed.
    Main DocumentProof of Service
  7. Dec 07 2020
    DISTRIBUTED for Conference of 12/11/2020.
  8. Nov 17 2020
    DISTRIBUTED for Conference of 12/4/2020.
  9. Nov 17 2020
    Reply of petitioners Chipotle Mexican Grill, Inc., et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  10. Nov 02 2020
    Brief of respondents Maxcimo Scott, et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  11. Oct 01 2020
    Brief amici curiae of Retail Litigation Center, Inc., And Restaurant Law Center filed.
    Main DocumentProof of ServiceCertificate of Word Count
  12. Oct 01 2020
    Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  13. Oct 01 2020
    Brief amici curiae of DRI-The Voice of the Defense Bar, et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  14. Oct 01 2020
    Brief amicus curiae of The Wage & Hour Defense Institute filed.
    Main DocumentCertificate of Word CountProof of Service
  15. Sep 16 2020
    Blanket Consent filed by Respondent, Maxcimo Scott, et al.
    Blanket Consent
  16. Sep 15 2020
    Motion to extend the time to file a response is granted and the time is extended to and including November 2, 2020. See Rule 30.1.
  17. Sep 15 2020
    Blanket Consent filed by Petitioner, Chipotle Mexican Grill, Inc., et al.
    Blanket Consent
  18. Sep 14 2020
    Motion to extend the time to file a response from October 1, 2020 to October 31, 2020, submitted to The Clerk.
    Main DocumentProof of Service
  19. Aug 28 2020
    Petition for a writ of certiorari filed. (Response due October 1, 2020)
    PetitionAppendixCertificate of Word CountProof of Service