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
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Jan 07 2019Petition for a writ of certiorari filed. (Response due February 8, 2019)
PetitionAppendixCertificate of Word CountProof of Service
Jan 30 2019Motion to extend the time to file a response from February 8, 2019 to March 11, 2019, submitted to The Clerk.
Main Document
Jan 31 2019Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2019.
Mar 04 2019Motion to extend the time to file a response from March 11, 2019 to April 10, 2019, submitted to The Clerk.
Main Document
Mar 05 2019Motion to extend the time to file a response is granted and the time is further extended to and including April 10, 2019.
Apr 04 2019Motion to extend the time to file a response from April 10, 2019 to May 20, 2019, submitted to The Clerk.
Main Document
Apr 05 2019Motion to extend the time to file a response is granted and the time is further extended to and including May 20, 2019.
May 20 2019Brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed.
Main DocumentProof of Service
Jun 03 2019Reply of petitioner Noris Babb filed.
Main DocumentCertificate of Word CountProof of Service
Jun 04 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 26 2019DISTRIBUTED for Conference of 6/27/2019.
Jun 28 2019Petition 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 2019Joint motion for an extension of time within which to file the briefs on the merits filed.
Main Document
Jul 19 2019Joint 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 2019Joint appendix filed. (Statement of costs filed)
Main DocumentProof of Service
Sep 17 2019Brief of petitioner Noris Babb filed.
Main DocumentCertificate of Word CountProof of Service
Sep 17 2019Blanket Consent filed by Petitioner, Noris Babb.
Blanket Consent
Sep 24 2019Brief amicus curiae of National Treasury Employees Union filed.
Main DocumentCertificate of Word CountProof of Service
Sep 24 2019Brief amici curiae of AARP, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Nov 08 2019SET FOR ARGUMENT on Wednesday, January 15, 2020.
Nov 22 2019Brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed.
Proof of ServiceMain Document
Nov 26 2019CIRCULATED
Dec 03 2019Record requested from the U.S.C.A. 11th Circuit.
Dec 23 2019Reply of petitioner Noris Babb filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 15 2020Argued. For petitioner: Roman Martinez, Washington, D. C. For respondent: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C.
Jan 17 2020The 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 2020Supplemental letter brief of petitioner Noris Babb filed. (Distributed)
Main Document
Jan 23 2020Supplemental letter brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed. (Distributed)
Main Document
Apr 06 2020Judgment 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 2020JUDGMENT ISSUED.

NAMEADDRESSPHONE
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 MagriMerkle & 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