DOL v. Americare Healthcare Services, Inc., et al
| U.S. DEPARTMENT OF LABOR |
| AMERICARE HEALTHCARE SERVICES, INC. and DILLI ADHIKARI |
| 25-3128 |
| March 4, 2025 |
| U.S. Court of Appeals, Sixth Circuit |
| Labor: Fair Standards |
Opinions
We have the following opinions for this case:
| Description |
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 Department of Labor v. Americare Healthcare Services
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Docket Report
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This docket was last retrieved on April 3, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 RULING LETTER SENT resetting briefing schedule: appellee brief now due 05/28/2025. (MRL) [Entered: 04/03/2025 03:26 PM] |
Filing 20
ORDER filed: The motion to expedite is GRANTED IN PART, insofar as upon the completion of briefing the appeal will be submitted to the court at the earliest practicable date that the courts schedule will permit. The determinations of whether and when any oral argument will be held are reserved to the merits panel to which this appeal will be assigned. The Departments motion for a 30-day extension of time to file its principal brief [ # 18 ] is GRANTED. Briefing will be reset by separate letter. The parties are cautioned that further extensions of the briefing schedule will not be granted. Filed by Ms. Amelia Bell Bryson.. (MRL) [Entered: 04/03/2025 03:23 PM]
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| Filing 19 RESPONSE in opposition filed regarding a motion to extend time to file brief, [ # 18 ]; previously filed by Ms. Amelia Bell Bryson for DOL. Response from Attorney Mr. James R. Conde for Appellants Mr. Dilli Adhikari and Americare Healthcare Services, Inc.. Certificate of Service: 04/02/2025. [25-3128] (JRC) [Entered: 04/02/2025 10:10 PM] |
| Filing 18 MOTION filed by Ms. Amelia Bell Bryson for DOL to extend time to file brief. Certificate of Service: 04/01/2025. [25-3128] (ABB) [Entered: 04/01/2025 04:58 PM] |
| Filing 17 Mediation Office is no longer involved in this appeal. (MLB) [Entered: 03/31/2025 02:57 PM] |
| Filing 16 MOTION filed by Mr. James R. Conde for Mr. Dilli Adhikari and Americare Healthcare Services, Inc. to expedite decision, to expedite oral argument. Certificate of Service: 03/31/2025. [25-3128] (JRC) [Entered: 03/31/2025 02:08 PM] |
| Filing 15 BRIEFING LETTER SENT resetting briefing schedule: APPELLANT BRIEF ALREADY ON FILE; appellee brief now due 04/28/2025. (RGF) [Entered: 03/27/2025 12:00 PM] |
| Filing 14 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. James R. Conde for Appellants Mr. Dilli Adhikari and Americare Healthcare Services, Inc.. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? No ; Parties Against Whom this Appeal is Being Taken: DOL ; Issues: Whether the Department's rule excluding third-party employers, 29 C.F.R. 552.109, conflicts with the best reading of the exemption for live-in employees, 29 U.S.C. 213(b)(21), which applies to any employee who satisfies the terms of the exemption Whether the Department's rule excluding third-party employers, 29 C.F.R. 552.109, is outside the bounds of the Department's delegation to define[] and delimit[] the terms of the companionship-services exemption, 29 U.S.C. 213(a)(15). Whether Appellants in this enforcement action have standing to challenge the Department's rule excluding care from the companionship-services exemption Whether the rule excluding care exceeds the bounds of the Department's express delegation to define and delimit the terms of the companionship-services exemption . Certificate of Service: 03/25/2024. [25-3128] (JRC) [Entered: 03/25/2025 01:39 PM] |
| Filing 13 APPELLANT BRIEF filed by Mr. James R. Conde for Mr. Dilli Adhikari and Americare Healthcare Services, Inc.. Certificate of Service: 03/24/2025. Argument Request: requested. [25-3128] (JRC) [Entered: 03/24/2025 05:29 PM] |
| Filing 12 BRIEFING LETTER SENT setting briefing schedule: appellant brief due 04/29/2025;. appellee brief due 05/29/2025; (MRL) [Entered: 03/20/2025 10:05 AM] |
| Filing 11 Letter sent by Mediation Office REGARDING MEDIATION: The Mediation Conference scheduled for 03/27/2025 is hereby canceled. (LMR) [Entered: 03/19/2025 09:38 AM] |
| Filing 10 APPEARANCE filed for Appellee DOL by Amelia B. Bryson. Certificate of Service: 03/13/2025. [25-3128] (ABB) [Entered: 03/13/2025 03:22 PM] |
| Filing 9 APPEARANCE filed for Appellee DOL by Lindsey Rothfeder. Certificate of Service: 03/10/2025. [25-3128] (LR) [Entered: 03/10/2025 12:22 PM] |
| Filing 8 APPEARANCE filed for Appellants Mr. Dilli Adhikari and Americare Healthcare Services, Inc. by Daniel McArdle Booker. Certificate of Service: 03/07/2025. [25-3128] (DMB) [Entered: 03/07/2025 02:20 PM] |
| Filing 7 TRANSCRIPT ORDER filed - no hearings held in District Court. Filed by Mr. James R. Conde for Mr. Dilli Adhikari and Americare Healthcare Services, Inc.. Certificate of Service: 03/07/2025. [25-3128] (JRC) [Entered: 03/07/2025 11:28 AM] |
| Filing 6 ***DEFECTIVE ENTRY COUNSEL INSTRUCTED TO REFILE, STATEMENT REFLECT THEY ARE TAKING THE APPEAL AGAINST THEMSELVES***CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. James R. Conde for Appellants Mr. Dilli Adhikari and Americare Healthcare Services, Inc.. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? No ; Parties Against Whom this Appeal is Being Taken: Mr. Dilli Adhikari and Americare Healthcare Services, Inc. ; Issues: Whether the Department's rule excluding third-party employers, 29 C.F.R. 552.109, conflicts with the best reading of the exemption for live-in employees, 29 U.S.C. 213(b)(21), which applies to any employee who satisfies the terms of the exemption. Whether the Department's rule excluding third-party employers, 29 C.F.R. 552.109, is outside the bounds of the Department's delegation to define[] and delimit[] the terms of the companionship-services exemption, 29 U.S.C. 213(a)(15). Whether Appellants in this enforcement action have standing to challenge the Department's rule excluding care from the companionship-services exemption Whether the rule excluding care exceeds the bounds of the Department's express delegation to define and delimit the terms of the companionship-services exemption. . Certificate of Service: 03/07/2025. [25-3128]--[Edited 03/25/2025 by MRL]--[Edited 03/25/2025 by MRL] (JRC) [Entered: 03/07/2025 11:27 AM] |
| Filing 5 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: James R. Conde ; Americare Healthcare Services, Inc. and Mr. Dilli Adhikari makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 03/07/2025. [25-3128] (JRC) [Entered: 03/07/2025 11:20 AM] |
| Filing 4 MEDIATION OFFICE is involved in this appeal. VIDEO CONFERENCE: A Mediation conference has been scheduled for 03/27/2025 at 9:30 AM (ET) with Catherine Geyer. [Please open notice for important details and deadlines.] (LMR) [Entered: 03/05/2025 01:18 PM] |
| Filing 3 APPEARANCE filed for Appellants Americare Healthcare Services, Inc. and Mr. Dilli Adhikari by James R. Conde. Certificate of Service: 03/05/2025. [25-3128] (JRC) [Entered: 03/05/2025 12:45 PM] |
| Filing 2 The case manager for this case is: Michelle R. Lambert (MRL) [Entered: 03/04/2025 10:40 AM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellants Dilli Adhikari and Americare Healthcare Services, Inc.. Transcript needed: y. (MRL) [Entered: 03/04/2025 10:37 AM] |
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