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Docket for 03-1238
No. 03-1238
Title:
IBP, Inc., Petitioner
v.
Gabriel Alvarez, Individually and on Behalf of All Others Similarly Situated, et al.
Docketed:March 3, 2004
Lower Ct:United States Court of Appeals for the Ninth Circuit
  Case Nos.:(02-35042, 02-35110)
  Decision Date:August 5, 2003
  Rehearing Denied:November 28, 2003
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Feb 26 2004 Petition for a writ of certiorari filed. (Response due April 2, 2004)
Apr 2 2004 Motion for leave to file amici brief filed by National Chicken Council, et al.
Apr 2 2004 Brief of respondents Gabriel Alvarez, Individually and on Behalf of All Others Similarly Situated, et al. in opposition filed.
Apr 13 2004 Reply of petitioner IBP, Inc. filed. (Distributed)
Apr 14 2004 DISTRIBUTED for Conference of April 30, 2004.
May 3 2004 The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Oct 25 2004 Brief amicus curiae of United States filed.
Nov 2 2004 Supplemental brief of petitioner IBP, Inc. filed. (Distributed)
Nov 9 2004 DISTRIBUTED for Conference of November 24, 2004.
Nov 10 2004 Supplemental brief of respondents Gabriel Alvarez, et al. filed. (Distributed)
Jan 18 2005 DISTRIBUTED for Conference of February 18, 2005.
Feb 22 2005 Motion for leave to file amici brief filed by National Chicken Council, et al. GRANTED.
Feb 22 2005 Petition GRANTED limited to Question 1 presented by the petition. The case is consolidated with No. 04-66 and a total of one hour is allotted for oral argument.
Mar 25 2005 Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including May 9, 2005. VIDED.
May 2 2005 Further extension of time within which to file the joint appendix and petitioners' briefs on the merits to and including May 16, 2005. VIDED
May 16 2005 Joint appendix filed.
May 16 2005 Brief of petitioner IBP, Inc. filed.
May 17 2005 Brief amicus curiae of AFL-CIO filed. VIDED.
May 23 2005 Extension of time within which to file respondents' briefs on the merits to and including July 13, 2005. VIDED
Jul 8 2005 Further extension of time within which to file respondents' brief on the merits to and including August 1, 2005.
Jul 20 2005 CIRCULATED.
Jul 20 2005 SET FOR ARGUMENT on Monday, October 3, 2005.
Jul 29 2005 Record received from U.S.C.A. 9th Circuit. (1 envelope)
Aug 1 2005 Brief amicus curiae of United States filed. (Distributed)
Aug 1 2005 Brief of respondents Gabriel Alvarez, Individually and on Behalf of All Others Similarly Situated, et al. filed. (Distributed)
Aug 9 2005 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED
Aug 15 2005 Motion for divided argument filed by respondents Alvarez, et al. VIDED
Aug 15 2005 Motion for divided argument filed by IBP, Inc. and Barber Foods, Inc. (VIDED)
Sep 1 2005 Record received from U.S.D.C. for District of Washington (Spokane). (9 boxes)
Sep 2 2005 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 2 2005 Motion for divided argument filed by IBP, Inc. and Barber Foods, Inc. DENIED.
Sep 2 2005 Motion for divided argument filed by respondents Alvarez, et al. DENIED.
Sep 6 2005 Reply of petitioner IBP, Inc. filed. (Distributed)
Oct 3 2005 Argued. For petitioner in 03-1238 and respondent in 04-66: Carter G. Phillips, Washington, D.C. For respondents in 03-1238 and petitioners in 04-66: Thomas C. Goldstein, Washington, D.C.; and Irving L. Gornstein, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)
Nov 8 2005 Adjudged to be AFFIRMED Stevens, J., delivered the opinion for a unanimous Court.
Dec 9 2005 JUDGMENT ISSUED.
Mar 14 2006 Record returned to U.S.C.A. for 9th Circuit.
Mar 14 2006 Record returned to U.S.D.C. for District of Washington (Spokane).



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Carter G. Phillips Sidley Austin LLP(202) 736-8270
    Counsel of Record1501 K Street, N.W.
Washington, DC  20005
cphillips@sidley.com
Party name: IBP, Inc.
Attorneys for Respondents:
William Rutzick Schroeter Goldmark & Bender(206) 340-1840
    Counsel of Record810 Third Avenue, #500
Seattle, WA  98104
Party name: Gabriel Alvarez, Individually and on Behalf of All Others Similarly Situated, et al.
Other:
Paul D. Clement Acting Solicitor General(202) 514-2217
Department of Justice
Washington, DC  20530
Party name: the United States
 
James B. Coppess American Federation of Labor and Congress of Industrial Organizations(202) 637-5337
815 Sixteenth Street, NW
Washington, DC  20006
jcoppess@aflcio.org
Party name: AFL-CIO
 
Irving L. Gornstein Assistant to the Solicitor General(202) 514-2201
Department of Justice
Washington, DC  20530
Party name: IBP, Inc. v. Gabriel Alvarez, Individually and on Behalf of All Others Similarly Situated, et al.
 
David R. Wylie Jackson Lewis LLP(864) 271-7410
One Liberty Square
55 Beattie Place, Suite 800
Greenville, SC  29601
Party name: National Chicken Council, et al.

 

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