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Cleveland County, North Carolina, aka Cleveland County Emergency Medical Services v. Sara B. Conner, Individually and on Behalf of All Others Similarly Situated.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-2012 · judgment January 5, 2022

Certiorari denied · December 12, 2022
Pre-decision estimate: 3% 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 Fair Labor Standards Act allows an employee, who has been paid at least the required minimum wage and overtime pay at a rate that is at least one and one-half times her regular rate, to sue her employer for and recover unpaid straight-time wages earned in weeks when she worked overtime.

  2. Whether Skidmore v. Swift & Co., 323 U.S. 134 (1944), allows courts to independently evaluate an agency’s nonbinding interpretation of a statute.

Counsel of record

For petitioner
Alexander C. Dale
Ward and Smith, PA

For respondent
Philip J. Gibbons Jr.
Gibbons Law Group, PLLC

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Linked docket
21A557

Proceedings

  1. Dec 12 2022
    Petition DENIED.
  2. Nov 22 2022
    DISTRIBUTED for Conference of 12/9/2022.
  3. Nov 18 2022
    Reply of Cleveland County, North Carolina not accepted for filing. (November 18, 2022 - to be corrected)
  4. Nov 18 2022
    Reply of petitioner Cleveland County, North Carolina filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  5. Nov 04 2022
    Brief of respondent Sara B. Connor in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  6. Oct 24 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including November 4, 2022.
  7. Oct 20 2022
    Motion to extend the time to file a response from October 28, 2022 to November 4, 2022, submitted to The Clerk.
    Main DocumentProof of Service
  8. Sep 20 2022
    Motion to extend the time to file a response is granted in part and the time is further extended to and including October 28, 2022.
  9. Sep 16 2022
    Motion to extend the time to file a response from September 26, 2022 to November 7, 2022, submitted to The Clerk.
    Main Document
  10. Aug 16 2022
    Motion to extend the time to file a response is granted and the time is extended to and including September 26, 2022.
  11. Aug 11 2022
    Motion to extend the time to file a response from August 25, 2022 to September 26, 2022, submitted to The Clerk.
    Main Document
  12. Jul 26 2022
    Response Requested. (Due August 25, 2022)
  13. Jul 20 2022
    DISTRIBUTED for Conference of 9/28/2022.
  14. Jul 08 2022
    Brief amici curiae of West Virginia, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  15. Jul 08 2022
    Brief amicus curiae of International Municipal Lawyers Association filed.
    Main DocumentProof of ServiceCertificate of Word Count
  16. Jul 08 2022
    Brief amicus curiae of New Civil Liberties Alliance filed.
    Main DocumentCertificate of Word CountProof of Service
  17. Jun 03 2022
    Petition for a writ of certiorari filed. (Response due July 8, 2022)
    PetitionAppendixCertificate of Word CountProof of Service
  18. Mar 31 2022
    Application (21A557) granted by The Chief Justice extending the time to file until June 3, 2022.
  19. Mar 23 2022
    Application (21A557) to extend the time to file a petition for a writ of certiorari from April 5, 2022 to June 3, 2022, submitted to The Chief Justice.
    Main DocumentLower Court Orders/OpinionsProof of Service