| No. 18-882 | |
| Title: | Noris Babb, Petitioner v. Robert Wilkie, Secretary of Veterans Affairs |
| Docketed: | January 9, 2019 |
| Lower Ct: | United States Court of Appeals for the Eleventh Circuit |
| Case Numbers: | (16-16492) |
| Decision Date: | July 16, 2018 |
| Rehearing Denied: | October 9, 2018 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jan 07 2019 | Petition for a writ of certiorari filed. (Response due February 8, 2019) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Jan 30 2019 | Motion to extend the time to file a response from February 8, 2019 to March 11, 2019, submitted to The Clerk. |
| Main Document | |
| Jan 31 2019 | Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2019. |
| Mar 04 2019 | Motion to extend the time to file a response from March 11, 2019 to April 10, 2019, submitted to The Clerk. |
| Main Document | |
| Mar 05 2019 | Motion to extend the time to file a response is granted and the time is further extended to and including April 10, 2019. |
| Apr 04 2019 | Motion to extend the time to file a response from April 10, 2019 to May 20, 2019, submitted to The Clerk. |
| Main Document | |
| Apr 05 2019 | Motion to extend the time to file a response is granted and the time is further extended to and including May 20, 2019. |
| May 20 2019 | Brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed. |
| Main DocumentProof of Service | |
| Jun 03 2019 | Reply of petitioner Noris Babb filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 04 2019 | DISTRIBUTED for Conference of 6/20/2019. |
| Jun 26 2019 | DISTRIBUTED for Conference of 6/27/2019. |
| Jun 28 2019 | Petition GRANTED limited to the following question: Whether the federal-sector provision of the Age Discrimination in Employment Act of 1967, which provides that personnel actions affecting agency employees aged 40 years or older shall be made free from any “discrimination based on age,” 29 U. S. C. §633a(a), requires a plaintiff to prove that age was a but-for cause of the challenged personnel action. |
| Jul 19 2019 | Joint motion for an extension of time within which to file the briefs on the merits filed. |
| Main Document | |
| Jul 19 2019 | Joint motion for an extension of time within which to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 17, 2019. The time to file respondents' briefs on the merits is extended to and including November 22, 2019. |
| Sep 17 2019 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Sep 17 2019 | Brief of petitioner Noris Babb filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 17 2019 | Blanket Consent filed by Petitioner, Noris Babb. |
| Blanket Consent | |
| Sep 24 2019 | Brief amicus curiae of National Treasury Employees Union filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 24 2019 | Brief amici curiae of AARP, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 08 2019 | SET FOR ARGUMENT on Wednesday, January 15, 2020. |
| Nov 22 2019 | Brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed. |
| Proof of ServiceMain Document | |
| Nov 26 2019 | CIRCULATED |
| Dec 03 2019 | Record requested from the U.S.C.A. 11th Circuit. |
| Dec 23 2019 | Reply of petitioner Noris Babb filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 15 2020 | Argued. For petitioner: Roman Martinez, Washington, D. C. For respondent: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. |
| Jan 17 2020 | The parties are directed to file supplemental letter briefs addressing the following question: What prospective administrative or judicial relief may a federal employee obtain under laws other than the ADEA, including under the civil service laws or the Constitution, against age-related policies, practices, actions, or statements that were not the but-for cause of an adverse employment action against the complaining employee? The briefs, not to exceed 10 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Thursday, January 23, 2020. |
| Jan 23 2020 | Supplemental letter brief of petitioner Noris Babb filed. (Distributed) |
| Main Document | |
| Jan 23 2020 | Supplemental letter brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed. (Distributed) |
| Main Document | |
| Apr 06 2020 | Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court,, in which Roberts, C. J., and Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined, and in which Ginsburg, J., joined as to all but footnote 3. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined. Thomas, J., filed a dissenting opinion. |
| May 08 2020 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Roman Martinez V Counsel of Record | Latham & Watkins, LLP 555 Eleventh Street, NW Washington, DC 20004 roman.martinez@lw.com | 202-637-3377 |
| Party name: Noris Babb | ||
| Joseph D Magri | Merkle & Magri, PA 5601 Mariner Street Suite 400 Tampa, FL 33609 jmagri@merklemagri.com | 813-281-9000 |
| Party name: Noris Babb | ||
| Attorneys for Respondent | ||
| Noel J. Francisco Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Robert Wilkie, Secretary of Veterans Affairs | ||
| Other | ||
| Daniel Benjamin Kohrman Counsel of Record | AARP FOUNDATION 601 E Street, NW Washington, DC 20049 dkohrman@aarp.org | 202-434-2064 |
| Party name: AARP et al. | ||
| Gregory O'Duden Counsel of Record | National Treasury Employees Union 1750 H St. NW Washington, DC 20006 greg.oduden@nteu.org | 2025725500 |
| Party name: National Treasury Employees Union | ||