No. 24-7012

Carla McCray v. Miami Dade County Public Schools, et al.

Lower Court: Eleventh Circuit
Docketed: 2025-04-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: employment-law federal-statute fmla medical-leave mental-health uniform-standard
Key Terms:
Arbitration ERISA DueProcess Privacy
Latest Conference: 2025-05-15
Question Presented (AI Summary)

Whether the Family Medical Leave Act of 1993, 29 U.S.C. § 2601, should have one uniform standard applicable to qualifying claims concerning unforeseeable mental/psychiatric medical health events

Question Presented (OCR Extract)

No question identified. : 2. Petitioner seeks to proceed In Forma Pauperis because Petitioner intends to file a Petition for Writ of Certiorari, and in this regard serving 40 copies of the required documents would be a much greater burden for the undersigned to suffer considering the undersigned is presently unemployed. The undersigned has been unemployed for the last immediate twelve (12) months. 3. Petitioner’s Affidavit is incorporated and made a part of this Motion for Leave to Proceed In Forma Pauperis and follows as an attachment and to this paper. My issue on appeal is “Whether the Family Medical Leave Act of 1993, 29 U.S.C. § 2601, a federal statute intended for the entire national citizenry, should have one uniform standard applicable to qualifying claims concerning unforeseeable mental/psychiatric medical health events”. 4. For the foregoing reasons, made and presented in good faith, the undersigned Petitioner moves for this Court’s leave to proceed with filing a Petition for Writ of Certiorari as a party proceeding In Forma Pauperis. : 2 AFFIDAVIT OR DECLARATION IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS am the petitioner in the above-entitled case. In support of my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay the costs of this case or to give security therefor; and I believe I am entitled to redress. 1. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. Income source Average monthly amount during Amount expected the past 12 months next month You Spouse You Spouse Employment $__0 $A) =$¢ 9 sg (N/A) Self-employment $0 =6¢ ava go g¢ NA Income from real property g 9 = =¢ wa g¢§_9 $_(N/JA) (such as rental income) Interest and dividends g 9 g WA gg 9 g WA Gifts $0 $ _@/A) §$ o $ (N/A) Alimony $_o $_(A) ¢ ° = ¢ QA _ Child Support $_0 g (A) g 0 # ¢ WA Retirement (such as social $___0 $_@V/A) ss $__O CECA) security, pensions, annuities, insurance) Disability (such as social $9 = gg va) gg tg NA) security, insurance payments) Unemployment payments $__0 $_(N/A) go §_ N/A) Public-assistance $0 g$_W/A) go = g§_N/A) (such as welfare) a Other (specify): _0 $0 $ WA) g¢ 0 ¢ WA Total monthly income: $. 0 $__ (N/A) $__0 _—s$_(W/A)__ 4 2, List your employment history for the past two years, most recent first. (Gross monthly pay is before taxes or other deductions.) Employer Address Type your text Dates of Gross monthly pay Employment (N/A) (N/A) (way $ 0 (N/A) (N/A) Wa) $ 0 WANA) NA ge 3. List your spouse’s employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay Employment (N/A) (N/A) (NIA) $_N/A) (N/A) (N/A) (N/A) g__ (N/A) (N/A) (N/A) (N/A) $__ (N/A) 4, How much cash do you and your spouse have? $__ 0 Below, state any money you or your spouse have in bank accounts or in any other financial institution. Type of account (e.g., checking or savings) Amount you have Amount your spouse has ——_checking 0 GG saving GG NA GG 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. —& Home CO Other real estate Value _400,000_ Value_ (N/A) fa Motor Vehicle #1 O Motor Vehicle #2 Year, make & model _2008-Nissian Year, make & model (N/A) Value $500.00 Value__ (N/A) 5 6. State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or Amount owed to you Amount owed to your spouse your spouse money ___ (N/A) $__(N/A) $__(NW/A) (N/A) $__W/A) $A) WA) g$__(N/A) $___ (N/A) 7. State the persons who rely on you or your spouse for support. For min

Docket Entries

2025-05-19
Petition DENIED.
2025-04-30
DISTRIBUTED for Conference of 5/15/2025.
2025-04-25
Waiver of right of respondent Miami-Dade Public Schools to respond filed.
2025-04-23
Waiver of right of respondent United Teachers of Dade to respond filed.
2025-04-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 16, 2025)

Attorneys

Carla McCray
Carla McCray — Petitioner
Carla McCray — Petitioner
Miami-Dade Public Schools
Walter James HarveyOffice of the General Counsel - School Board MDC, Respondent
Walter James HarveyOffice of the General Counsel - School Board MDC, Respondent
United Teachers of Dade
Scott A. ColeCole, Scott & Kissane, P.A., Respondent
Scott A. ColeCole, Scott & Kissane, P.A., Respondent