Jeanne Lyliane Gbete v. Sampson Bladen Oil Company, Inc. d/b/a/ Han-Dee Hugo’s

Summary

The United States District Court for the Eastern District of North Carolina denies the defendant’s motion to certify for interlocutory appeal an order granting conditional certification of an FLSA collective action. The court concludes that the proposed appeal would not involve a controlling question of law because the litigation would continue regardless of how the Fourth Circuit resolved the issue.

Holdings

1. Certification was denied because the proposed question concerning the FLSA certification procedure was not a controlling question of law: regardless of how the question were resolved, the litigation would continue.
2. The defendant failed to establish exceptional circumstances warranting departure from the general policy against piecemeal appeals.

Questions Presented

1. Whether the court's order applying a two-step conditional-certification approach under the FLSA involved a controlling question of law warranting interlocutory appeal under 28 U.S.C. § 1292(b).
2. Whether immediate appellate review would materially advance the ultimate termination of the litigation.

Disposition

other