Douglas et al v. First Student Inc

Filing 143

PER CURIAM ORDER re: notice of acceptance of certification from Supreme Court of Arkansas re 141 Certification of Issue to State Court. Opinion Delivered April 21, 2011. (vjt)

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" FILED u.s. DISTRICT COURT EASTERN DISTRICT ARKANSAS SUPREME COURT OF ARKANSAS No. 11-361 NATE DOUGLAS, ET AL., Opinion Delivered April 21,2011 PETITIONERS, REQUEST TO CERTIFY QUESTION OF LAW, VS. FIRST STUDENT, INC., RESPONDENT, CERTIFIED QUESTION ACCEPTED. PER CURIAM In accordance with section 2(D)(3) of Amendment 80 to the Arkansas Constitution and Rule 6-8 of the Rules of the Supreme Court and Court of Appeals of the State of Arkansas, Honorable Susan Webber Wright of the United States District Court for the Eastern District of Arkansas filed a motion and certification order with our clerk on April 6, 2011. The certifYing court requests that we answer a question of law that may be determinative of a cause now pending in the certifYing court, and it appears to the certifYing court that there is no controlling precedent in the decisions of the Arkansas Supreme Court. After a review of the certifYing court's analysis and explanation of the need for this court to answer the question oflaw presently pending in that court, we accept certification of the following question, as her~in formulated: 1) What is the statute oflimitations for causes of action involving the violation of the Arkansas Minimum Wage Act, codified at Arkansas Code Annotated section 11-4­ 201, et seq.? This per curiam order constitutes notice of our acceptance of the certification of the question of law. For purposes of the pending proceeding in this court, the following requirements are imposed: A. Time limits under Ark. Sup. Ct. R. 4-4 will be calculated from the date of this per curiam order accepting certification. The plaintiffs in the underlying action, Nate Douglas and others, are designated the moving party and will be denoted as the "Petitioners," and their brief is due thirty days from the date of this per curiam; the defendant, First Student, Inc., shall be denoted as the "Respondent," and its briefshall be due thirty days after the filing ofPetitioners' brief. Petitioners may file a reply brief within fifteen days after Respondents' brief is filed. B. The briefs shall comply with this court's rules as in other cases except for the briefs' content. Only the following items required in Ark. Sup. Ct. R. 4-2(a) shall be included: (3) Point on appeal which shall correspond to the certified question of law to be answered in the federal district court's certification order. (4) Table of authorities. (6) Statement of the case which shall correspond to the facts relevant to the certified question oflaw as stated in the federal district court's certification order. (7) Argument. (8) Addendum. (9) Cover for briefs. C. Oral argument will only be permitted if this court concludes that it will be helpful for presentation of the issue. D. Ark. Sup. Ct. R. 4-6 with respect to amicus curiae briefs will apply. E. This matter will be processed as any case on appeal. F. Rule XIV of the Rules Governing Admission to the Bar shall apply to the attorneys for the Petitioners and Respondents. -2- 11-361 Pursuant to Arkansas Supreme Court Rule 6-8(d), we request that the parties include in an Addendum the following pleadings; the complaint, the answer, if any; the motion to . dismiss; and any responses, replies, and briefs in support thereof In addition, if the parties believe that any additional pleadings will be useful to our understanding of the legal issues presented in this certified question, those pleadings should be included as well. Certified Question Accepted. -3- 11-361 ®ffiu of tITe Ollerk ~eslie ~. ~teen ~upreme Oloud of t.qe ~tate of J\rkansas RECEIVED <llierk u.s. DISTRICT COURT EASTERN DiSTRiCT ARKANSAS APR 22 2011 J\rlmmm:s QIoud of J\ppeals Jlustire ~uil~ing 625 41lffarsJrall ~treet 1fiittle ~ork, J\rlmnsas 72201 JAM~S W. McCORMACK, CLERK D~(;[I"'-' By: April 21, 2011 James W. McCormack, Clerk United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Room A149 Little Rock, Arkansas 72201 RE: 11 00361 Nate Douglas et al. v. First Student, Inc. (4:09CV00652 SWW) Dear Mr. McCormack: The Arkansas Supreme Court issued the following order today in the above styled case: "Motion to certify question of law. Certified question accepted. See per curiam this date." Petitioners' brief is due by May 21, 2011; respondent's brief shall be due thirty days after the filing of petitioners' brief. Petitioners may file a reply brief within fifteen days after respondent's brief is filed. Sincerely, LWS:hml Enclosure cc/encl: John Lindsay Burnett, .Jr. Paul D. Waddell Hon. Susan Webber Wright Out-of-State Counsel of Record

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