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Nancy Massenburg v. Innovative Talent Solutions, Inc., et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-1192 · judgment October 8, 2019


Certiorari denied · January 11, 2021
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Whether the Fourth Circuit properly upheld the district court's dismissal of Title VII claim where the particular discriminatory practice had been identified and genuine issues of material fact that could change the outcome of the case were properly identified in Massenburg's Opposition? Fed. R. Civ. Pro. 56 (c) (1)(B), 42 U.S.C. § 2000e-7

  2. Whether my Title VII, 1991 amendment claim and 42 USC 1981 (b) legal claims were treated as separate, independent, and distinct, as a matter of law and in the interest of adequate relief? Lytle v. Household Mfg., Inc., 494 U.S. 545 (1990)

  3. Whether conflict exists within the Fourth Circuit where previous rulings have allowed claims "arising from” or "relating back" to the actionable EEOC intake questionnaire to serve as a “charge” for the purpose of establishing the limitations period. Fed R. of Civ. P. 15 (c) (1) (B), Federal Express Corp. v. Holowecki, 552 U.S. 389 (2008); 29 C.F.R. §§ 1601.9,1601.12,1626.3,1626.6,1626.8.

  4. Whether pro se persons should be issued Notices of Deficiency and afforded the same opportunity to make corrections to filings as is offered in the lower courts to persons trained in applying the law.

Counsel of record

For petitioner
Nancy Massenburg

For respondent
Dan McCord Hartzog Jr.
Hartzog Law Group LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 02 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Nov 30 2020
    Waiver of right of respondent Innovative Talent Solutions, Inc. to respond filed.
  4. Nov 03 2020
    Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2020.
  5. Oct 30 2020
    Motion to extend the time to file a response from October 29, 2020 to November 30, 2020, submitted to The Clerk.
  6. Oct 28 2020
    Waiver of right of respondent Lee Air Conditioner, Inc. to respond filed.
  7. Jul 23 2020
    Petition for a writ of certiorari filed. (Response due October 29, 2020)