| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| May 27 2004 |
Application (03A983) to extend the time to file a petition for a writ of certiorari from June 8, 2004 to July 8, 2004, submitted to Justice Souter. |
| May 28 2004 |
Application (03A983) granted by Justice Souter extending the time to file until July 8, 2004. |
| Jul 8 2004 |
Petition for a writ of certiorari filed. (Response due August 16, 2004) |
| Nov 23 2004 |
DISTRIBUTED for Conference of December 10, 2004. |
| Dec 2 2004 |
Response Requested . (Due January 3, 2005) |
| Jan 3 2005 |
Brief of respondent Barber Foods, Inc. in opposition filed. |
| Jan 18 2005 |
DISTRIBUTED for Conference of February 18, 2005. |
| Jan 21 2005 |
Reply of petitioners Abdela Tum, et al. filed. (Distributed) |
| Feb 22 2005 |
Petition GRANTED limited to Question 1presented by the petition and the following: "Do employees have a right to compensation for time they must spend waiting at required safety equipment distribution stations?". The case is consolidated with No. 03-1238 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 |
Brief amicus curiae of United States filed. |
| May 16 2005 |
Joint appendix filed. |
| May 16 2005 |
Brief of petitioners Abdela Tum, et al. filed. |
| May 16 2005 |
Brief amici curiae of National Employment Lawyers Association, et al. 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 respondent's brief on the merits to and including August 1, 2005. |
| Jul 13 2005 |
Consent to the filing of amicus briefs in support of either party received from counsel for the petitioners |
| Jul 20 2005 |
CIRCULATED. |
| Jul 20 2005 |
SET FOR ARGUMENT on Monday, October 3, 2005. |
| Aug 1 2005 |
Brief amici curiae of Chamber of Commerce of the United States, et al. filed. (Distributed) |
| Aug 1 2005 |
Brief amici curiae of National Chicken Council and American Meat Institute filed. (Distributed) |
| Aug 1 2005 |
Brief of respondent Barber Foods, Inc., dba Barber Foods filed. (Distributed) |
| Aug 2 2005 |
Record received from U.S.C.A. 1st Circuit. (1 box) |
| 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 14 2005 |
Record received from U.S.D.C. for District of Maine. (1 box) |
| 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 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 respondents Alvarez, et al, DENIED |
| Sep 2 2005 |
Motion for divided argument filed by IBP, Inc. and Barber Foods, Inc., DENIED |
| Sep 6 2005 |
Reply of petitioners Abdela Tum, et al. 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 IN PART, REVERSED IN PART, and case REMANDED. Stevens, J., delivered the opinion for a unanimous Court. |
| Dec 9 2005 |
JUDGMENT ISSUED, |
| Dec 27 2005 |
Acknowledgement of receipt (12/12/05) of judgment from Clerk, United States Court of Appeals for the First Circuit received. |
| Jan 9 2006 |
Record returned to U.S.C.A. 1st Circuit. |
| Jan 9 2006 |
Record returned to U.S.D.C. for District of Maine. |