| No. 17-340 | |
| Title: | New Prime Inc., Petitioner v. Dominic Oliveira |
| Docketed: | September 6, 2017 |
| Linked with 18A99 | |
| Lower Ct: | United States Court of Appeals for the First Circuit |
| Case Numbers: | (15-2364) |
| Decision Date: | May 12, 2017 |
| Rehearing Denied: | June 27, 2017 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Sep 06 2017 | Petition for a writ of certiorari filed. (Response due October 6, 2017) |
| Sep 21 2017 | Order extending time to file response to petition to and including November 6, 2017. |
| Oct 06 2017 | Brief amicus curiae of American Trucking Associations, Inc. filed. |
| Oct 06 2017 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| Oct 27 2017 | Order further extending time to file response to petition to and including November 20, 2017. |
| Nov 20 2017 | Brief of respondent Dominic Oliveira in opposition filed. |
| Main DocumentProof of Service | |
| Dec 01 2017 | Reply of petitioner New Prime Inc. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 06 2017 | DISTRIBUTED for Conference of 1/5/2018. |
| Jan 04 2018 | Rescheduled. |
| Jan 08 2018 | DISTRIBUTED for Conference of 1/12/2018. |
| Jan 16 2018 | DISTRIBUTED for Conference of 1/19/2018. |
| Feb 05 2018 | DISTRIBUTED for Conference of 2/16/2018. |
| Feb 20 2018 | DISTRIBUTED for Conference of 2/23/2018. |
| Feb 26 2018 | Petition GRANTED. |
| Mar 06 2018 | Motion for an extension of time filed. |
| Main Document | |
| Mar 09 2018 | Motion to extend the time to file (the joint appendix and petitioner's brief on the merits) granted and the time is extended to and including May 14, 2018. The time to file respondent's brief on the merits is extended to and including July 11, 2018. |
| May 14 2018 | Brief of petitioner New Prime Inc. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 14 2018 | Joint appendix filed. (Statement of cost filed). |
| Main DocumentProof of Service | |
| May 21 2018 | Brief amicus curiae of Cato Institute filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 21 2018 | Brief amicus curiae of American Trucking Associations, Inc. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 21 2018 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 21 2018 | Brief amicus curiae of New England Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 21 2018 | Brief amicus curiae of Customized Logistics and Delivery Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 08 2018 | Motion for a further extension of time filed. |
| Main Document | |
| Jun 20 2018 | Motion for a further extension of time to file respondent's brief on the merits granted, and the time is extended to and including July 18, 2018. |
| Jul 09 2018 | SET FOR ARGUMENT On Wednesday, October 3, 2018 |
| Jul 18 2018 | Brief of respondent Dominic Oliveira filed. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Jul 20 2018 | Motion of New Prime, Inc. for an extension of time not accepted for filing. (July 24, 2018) |
| Jul 24 2018 | Brief amicus curiae of American Association for Justice filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 24 2018 | Brief amicus curiae of Public Citizen, Inc. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 25 2018 | Brief amicus curiae of Employment Law Scholars filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 25 2018 | Application (18A99) to extend the time to file a reply brief on the merits from August 17, 2018 to August 24, 2018, submitted to Justice Breyer. |
| Main DocumentProof of Service | |
| Jul 25 2018 | Brief amicus curiae of Sen. Sheldon Whitehouse filed. |
| Certificate of Word CountProof of ServiceMain Document | |
| Jul 25 2018 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jul 25 2018 | Brief amicus curiae of Owner-Operator Independent Drivers Association, Inc. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 25 2018 | Brief amici curiae of Steve Viscelli, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 25 2018 | Brief amici curiae of Historians filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 25 2018 | Brief amici curiae of International Brotherhood of Teamsters, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 25 2018 | Brief amici curiae of Massachusetts, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 25 2018 | Brief amici curiae of Statutory Construction Scholars filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 30 2018 | Application (18A99) granted by Justice Breyer extending the time to file petitioner's reply brief on the merits to and including August 24, 2018. |
| Aug 03 2018 | CIRCULATED |
| Aug 07 2018 | Record requested from the U.S.C.A. 1st Circuit. |
| Aug 08 2018 | Record for the U.S.C.A. 1st Circuit is electronic and located on PACER. |
| Aug 14 2018 | Record received from U.S.C.A. 1st Circuit. 1 envelope. |
| Aug 22 2018 | Reply of petitioner New Prime, Inc. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 03 2018 | Argued. For petitioner: Theodore J. Boutrous, Jr., Los Angeles, Cal. For respondent: Jennifer D. Bennett, Oakland, Cal. |
| Jan 15 2019 | Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion of the Court, in which all other Members joined, except Kavanaugh, J., who took no part in the consideration or decision of the case. Ginsburg, J., filed a concurring opinion. |
| Feb 19 2019 | JUDGMENT ISSUED. |
| Aug 05 2019 | The record from the U.S.C.A. 1st Circuit has been returned. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Theodore J. Boutrous Counsel of Record | Gibson, Dunn & Crutcher LLP 333 South Grand Ave. Los Angeles, CA 90071 tboutrous@gibsondunn.com | 213-229-7000 |
| Party name: New Prime Inc. | ||
| Attorneys for Respondent | ||
| Jennifer D. Bennett Counsel of Record | Public Justice 475 14th Street, Suite 610 Oakland, CA 94612 jbennett@publicjustice.net | (510) 622-8150 |
| Party name: Dominic Oliveira | ||
| Other | ||
| Richard Pianka Counsel of Record | ATA Litigation Center 950 North Glebe Road, Suite 210 Arlington, VA 22203 rpianka@trucking.org | (703)-838-1889 |
| Party name: American Trucking Associations, Inc. | ||
| Andrew John Pincus Counsel of Record | Mayer Brown, LLP 1999 K Street, NW Washington, DC 20006 apincus@mayerbrown.com | (202) 263-3000 |
| Party name: Chamber of Commerce of the United States of America | ||
| Paul Damien Cullen Jr. Counsel of Record | The Cullen Law Firm, PLLC 1101 30th Street NW Suite 300 Washington, DC 20007 pxc@cullenlaw.com | 2029448600 |
| Party name: Owner-Operator Independent Drivers Association, Inc. | ||
| D. Michael Dale Counsel of Record | Northwest Workers' Justice Project 812 S.W. Washington Suite 225 Portland, OR 97205-0000 michael@nwjp.org | 5035258454 |
| Party name: STEVE VISCELLI, DOMINGO AVALOS, GABRIEL PROCEL, BRION GRAY, JAMES ZUBER, HECTOR ZELAYA, DESIREE ANN WOOD, THE WAGE JUSTICE CENTER AND REAL WOMEN IN TRUCKING, INC. | ||
| Brianne Jenna Gorod Counsel of Record | Constitutional Accountability Center 1200 18th Street, NW Suite 501 Washington, DC 20036 brianne@theusconstitution.org | 202 296 6889 |
| Party name: Constitutional Accountability Center | ||
| Andrew Michael Grossman Counsel of Record | Baker & Hostetler LLP 1050 Connecticut Avenue, N.W. Suite 1100 Washington, DC 20036 agrossman@bakerlaw.com | 2028611697 |
| Party name: Cato Institute | ||
| Robert G. Hulteng Counsel of Record | Littler, Mendelson, P.C. 333 Bush Street 34th Floor San Francisco, CA 94104 rhulteng@littler.com | 415-433-1940 |
| Party name: Customized Logistics and Delivery Association | ||
| Scott Lawrence Nelson Counsel of Record | Public Citizen Litigation Group 1600 20th Street, N.W. Washington, DC 20009 snelson@citizen.org | 202-588-1000 |
| Party name: Public Citizen, Inc. | ||
| Sachin Sharadkumar Pandya Counsel of Record | University of Connecticut School of Law 65 Elizabeth Street Hartford, CT 06105 sachin.pandya@uconn.edu | 8605705169 |
| Party name: Historians | ||
| Anna Purna Prakash Counsel of Record | Nichols Kaster, PLLP 4600 IDS Center, 80 South 8th Street Minneapolis, MN 55402 aprakash@nka.com | 6122563200 |
| Party name: Employment Law Scholars | ||
| Benjamin G. Robbins Counsel of Record | New England Legal Foundation 150 Lincoln Street Boston, MA 02111-2504 benrobbins@nelfonline.org | 8577727620 |
| Party name: New England Legal Foundation | ||
| Peter Romer-Friedman Counsel of Record | Outten & Golden LLP 601 Massachusetts Avenue NW, 2nd Floor West Suite Washington, DC 20001 prf@outtengolden.com | 202-847-4402 |
| Party name: Statutory Construction Scholars as Amicus Curiae | ||
| Catherine Kiley Ruckelshaus Counsel of Record | Nat'l Employment Law Project 75 Maiden Lane, Suite 601 New York, NY 10038 cruckelshaus@nelp.org | 6466938221 |
| Party name: Teamsters Int'l Union, National Employment Law Project, Economic Policy Institute, National Employment Lawyers Assn | ||
| Gerson H. Smoger Counsel of Record | Smoger and Associates 13250 Branch View Ln. Dallas, TX 75234 gerson@texasinjurylaw.com | 9722435297 |
| Party name: American Association for Justice | ||
| Sheldon Whitehouse Counsel of Record | Hart Senate Office Bldg., Rm. 530 Washington, DC 20510 counsel@whitehouse.senate.gov | (202) 224-2921 |
| Party name: Sen. Sheldon Whitehouse | ||
| Karla Enid Zarbo Counsel of Record | Assistant Attorney General of Massachusetts 1 Ashburton Place, 18th Floor Boston, MA 02108 Karla.Zarbo@MassMail.State.MA.US | 617-727-2200 |
| Party name: Massachusetts, et al. | ||