Patrick Breaux v. Alliance Liftboats, LLC, et al.

Summary

The United States District Court for the Eastern District of Louisiana denied Defendant Alliance Liftboats, LLC’s motion to certify or alter an interlocutory order certifying an FLSA collective action for immediate appeal under 28 U.S.C. § 1292(b). The court held that Defendant had not shown a controlling question of law presenting substantial grounds for difference of opinion or that an immediate appeal would materially advance termination of the litigation. The court also denied as moot the related motion to stay.

Holdings

1. The defendant failed to establish that the certification order presented a controlling question of law as to which there was substantial ground for difference of opinion. The question whether the employees were similarly situated involved applying established Fifth Circuit law to the circumstances of the collective, not a pure question of law presenting genuine doubt about the governing legal standard.
2. The defendant failed to show that an immediate appeal would materially advance termination of the litigation. Because the defendant conceded that at least some crewmembers could pursue a collective action and did not contend that a successful appeal would eliminate its liability, an appeal would not significantly abbreviate the district court proceedings.
3. The motion to stay the interlocutory collective-action certification order was denied as moot because the court denied the motion to certify an interlocutory appeal.

Questions Presented

1. Whether the district court's collective-action certification order involved a controlling question of law as to which there was substantial ground for difference of opinion under 28 U.S.C. § 1292(b).
2. Whether an immediate appeal of the collective-action certification order could materially advance the ultimate termination of the litigation under § 1292(b).
3. Whether the certification order should be stayed pending a request for interlocutory certification and any subsequent appeal.

Disposition

other