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Donald Martin, Jr., et al. v. United States

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2021-2255, 2018-1354


Certiorari denied · January 8, 2024
Pre-decision estimate: 31% cert probability (95% interval 19%–47%)

Before the decision, about 7.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a circuit split argued in the petition.

Question presented

The Fair Labor Standards Act (FLSA) establishes a required minimum wage and a mandatory overtime rate for covered employees. In 1974 Congress extended the FLSA to apply to most federal agencies. The question presented is: Do either the Anti-Deficiency Act or the Gov­ ernment Employee Fair Treatment Act dis­ place, modify or require a special narrower interpretation of the obligations created by the FLSA insofar as those obligations apply to federal employees?

Counsel of record

For petitioner
Eric Schnapper
Univ. of Washington School of Law

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Linked docket
23M19, 22A1035

Proceedings

  1. Jan 08 2024
    Petition DENIED.
  2. Dec 20 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Dec 19 2023
    Reply of petitioners Donald Martin, Jr., et al. filed. (Distributed)
  4. Dec 01 2023
    Brief of respondent United States in opposition filed.
  5. Nov 03 2023
    Motion to extend the time to file a response is granted and the time is extended to and including December 1, 2023.
  6. Nov 01 2023
    Motion to extend the time to file a response from November 1, 2023 to December 1, 2023, submitted to The Clerk.
  7. Oct 02 2023
    Motion (23M19) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
  8. Aug 16 2023
    MOTION (23M19) DISTRIBUTED for Conference of 9/26/2023.
  9. Aug 07 2023
    Motion (23M19) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
  10. Aug 07 2023
    Petition for a writ of certiorari filed. (Response due November 1, 2023)
  11. May 31 2023
    Application (22A1034) granted by The Chief Justice extending the time to file until August 7, 2023.
  12. May 31 2023
    Application (22A1035) granted by The Chief Justice extending the time to file until August 7, 2023.
  13. May 26 2023
    Application (22A1034) to extend the time to file a petition for a writ of certiorari from June 8, 2023 to August 7, 2023, submitted to The Chief Justice.
  14. May 26 2023
    Application (22A1035) to extend the time to file a petition for a writ of certiorari from June 8, 2023 to August 7, 2023, submitted to The Chief Justice.