No. 20-1707

Katherine Jacobs v. Johnson Storage & Moving Co. Holdings, LLC

Lower Court: Eighth Circuit
Docketed: 2021-06-10
Status: Denied
Type: Paid
Response Waived
Tags: administrative-errors civil-procedure due-process evidence flsa-violations fraud material-facts overtime-approval perjury summary-judgment
Latest Conference: 2021-09-27
Question Presented (from Petition)

(1) Whether the district court did not uphold F.R.C.P. Rule 56, Rule 60(b) and the Supreme Court's summary judgment standards when weighing and dismissing evidence of fraud, unlawful FLSA violations, withheld evidence and penury that bear heavily on the merits of the case thereby dismissing genuine issues of material facts?

(2) Whether the district court's reliance on the defendant's Employee Handbook stating that "employees may work overtime only with prior approval" violated CFR § 778.316, when no evidence of an overtime approval process exists?

(3) Whether administrative errors [lost motions and petitions within the courthouse] altered the outcome of the plaintiff's lawsuit and ultimately her appeal?

Question Presented (AI Summary)

Whether the district court upheld FRCP Rule 56, Rule 60(b) and summary judgment standards

Docket Entries

2021-10-04
Petition DENIED.
2021-07-07
DISTRIBUTED for Conference of 9/27/2021.
2021-06-30
Waiver of right of respondent Johnson Storage & Moving Co. Holdings, LLC to respond filed.
2021-04-30
Petition for a writ of certiorari filed. (Response due July 12, 2021)

Attorneys

Johnson Storage & Moving Co. Holdings, LLC
Patricia J MartinLittler Mendelson, P.C., Respondent
Katherine Jacobs
Katherine Jacobs — Petitioner