Amended Complaint April 7, 2004
An amended complaint was filed on April 7, 2004 that allesges that the United States Postal Service has failed to pay overtime and other wages in violation of the Fair Labor Standards Act.
The complaint outlines plaintiffs' grievance against the United States Postal Service.
View a copy of the Complaint.
Order May 12, 2004
The District Court granted plaintiffs' motion to certify the action as a class action and authorized plaintiffs to send notice to all postal inspectors. The Court also denied defendant's motion to transfer the case to the Court of Federal Claims.
View a copy of this Order.
Order June 21, 2004
The District Court sets a deadline of September 18, 2004 for postal inspectors to "opt-in" to litigation and schedules trial for April 2005.
View a copy of this Order.
Answer July 30, 2004
The Postal Service served its Answer.
View a copy of the Answer.
Postal Service Summary Judgment Motion Nov. 26, 2004
The Postal Service has filed an application for summary judgment, seeking to have the case dismissed on a technical, legal argument. Specifically, the Postal Service has argued that Section 1003(c) of Title 39 supercedes the Fair Labor Standards Act. Section 1003(c) requires the Postal Service to pay postal inspectors in a manner "comparable" to other federal law enforcement officers. According to the Postal Service, if postal inspectors receive overtime, their pay will unfairly exceed the pay of other federal investigators.
View a copy of the Motion for Summary Judgement and the Declaration of Vivian Bellinger.
Order Regarding Scheduling Dec. 7, 2004
The tentative trial date has been moved from April 2005 to July 2005; other dates have been changed as well.
View a copy of the Stipulation and Order.
Order Allowing and Denying Discovery Dec. 20, 2004
Magistrate Judge Nakazato ruled that the Postal Service must turn over some documents but not others. We will seek review of this order from Judge Taylor.
View a copy of the Minute Order.
Order Granting Defendant's Motion Mar. 29, 2005
The Court granted defendant's motion for summary judgment. Plaintiff will appeal this decision to the Ninth Circuit.
View a copy of the Court's Order.
Notice of Appeal April 25, 2005
Plaintiffs appeal the Judge's Order which granted defendant's motion for summary judgment.
View of copy of the Appeal.
Order Denying Motion for Reconsideration May 10, 2005
Plaintiffs motion for reconsideration is denied.
Read a copy of the Order Denying Plaintiffs' Motion for Reconsideration.
Amended Notice of Appeal June 1, 2005
Plaintiffs file an Amended Notice of Appeal of the Judge's Order denying reconsideration to the Appeal.
Read a copy of the Amended Notice of Appeal.
Appellate Brief August 12, 2005
Plaintiffs file their Opening Brief with the Ninth Circuit
Read a copy of the Brief
Opposition Brief September 26, 2005
Postal Service files its Brief in Opposition to Plaintiffs' appeal
Read a copy of the Opposition Brief
Reply Brief October 13, 2005
Plaintiffs file Reply Brief.
Read a copy of the Brief
Ninth Circuit Opinion August 27, 2007
Decision of the Ninth Circuit reversing dismissal of the case
Read a copy of the Decision
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