Camesi v. Univ. of Pittsburgh Med. Ctr.
| Decision Date | 04 September 2013 |
| Docket Number | Nos. 12–1446,12–1903.,s. 12–1446 |
| Court | U.S. Court of Appeals — Third Circuit |
| Parties | Karen CAMESI; Erin O'Connell; Lori Shaffer; Dinah Baker, on behalf of themselves and all other employees similarly situated, Appellants in Case No. 12–1446 v. UNIVERSITY OF PITTSBURGH MEDICAL CENTER; UPMC; UPMC Health System; UPMC Bedford Memorial Hospital; UPMC Braddock; UPMC McKeesport; UPMC Northwest; UPMC Passavant; UPMC Presbyterian; UPMC Presbyterian Shadyside; UPMC Shadyside; UPMC Southside; UPMC St. Margaret; Magee Women's Hospital of UPMC; Mercy Hospital of Pittsburgh; Montefiore Hospital; Montefiore University Hospital; Western Psychiatric Institute and Clinic; Children's Hospital of Pittsburgh of the UPMC Health System; UPMC Lee; UPMC Horizon; UPMC Holding Company, Inc.; UPMC Health Network, Inc.; Jeffrey A. Ramoff; Gregory Peaslee; UPMC 401a Retirement Savings Plan; UPMC 403b Retirement Savings Plan; UPMC Basic Retirement Plan Andrew Kuznyetsov; Charles Boal; Marthann Heilman, Appellants in Case No. 12–1903 v. West Penn Allegheny Health System, Inc; The Western Pennsylvania Healthcare System, Inc.; Alle–Kiski Medical Center; Allegheny General Hospital; Allegheny General Hospital–Suburban Campus; Canonsburg General Hospital; The Western Pennsylvania Hospital; Christopher T. Olivia; John Lasky; Retirement Plan for Employees of West Penn Allegheny Health System; Alle–Kiski Medical Associates; Alle–Kiski Women's Health; Allegheny Medical Practice Network; Allegheny Singer Research Institute; Allegheny Specialty Practice Network; Allegheny Valley Internal Medicine; Associated Surgeons of Western Pennsylvania; Associated Surgeons of Western Pennsylvania P.C.; Barry Segal, MD; Bellevue Medical Associates; Bellevue Pediatric Associates; Burn Care Associates, Ltd.; Burrell Internal Medicine; Cabot Medical Center; Canonsburg Community Healthcare Center; Center for Family Health Care; Century Medical Associates; Century III Medical Associates; Citizens School of Nursing; Corkery, Heise, Dainesi & Trapanotto; Crafton Medical Center; Creighton Medical Center; Dr. Francis J. Cavanaugh, MD; Dr. Mehernosh Khan; East End Medical Associates; East Suburban Family Practice; East Suburban Ob/Gyn; Family Nurse Midwives; Ferlan Group; Friendship Medical Associates; Forbes Hospice; Fuge Family Practice; Green Tree Medical Center Associates; Hampton Medical Center; Health Center Associates; Hussaini Medical Associates; Irwin Medical Center; Irwin Primary Care Associates; Mamatastragoor Khan Primary Care Associates; Mcdonald Primary Care; Meadowlands Primary Care; Medical Center Clinic, P.C.; Meta–Hilberg Hematology Oncology Associates, Inc.; Monroeville Medical Associates; M.H.V. Murthy, MD; Natrona Heights Ob/Gyn, Inc.; North Versailles Medical Associates; Paul Reilly, MD; Pediatric & Neonatal Associates; Pediatric & Neonatal Associates, Inc.; Penn Hills Medical Associates; Pennsylvania Comprehensive Care Associates; Pine Hollow Medical Associates; Pine Richland Medical Associates; Pittsburgh Cardio Thoracic Associates; Pittsburgh Cardiothoracic Associates; Plum Medical Associates; Primary Care Northside; Primary Care South; Riad Saradar, MD; Robert Baraff, MD; Frank E. Sessoms M.D., Inc; Sterling Medical Associates; Three Rivers Imaging Associates, P.C.; Tri County Cardiology; Tri County Cardiology, Inc.; United Physicians; Vascular Center Of Western Pennsylvania, Inc.; Waterdam Medical Associates; West Penn Allegheny Eye Associates, P.C.; West Penn Allegheny Foundation, LLC; West Penn Allegheny Health System, Inc. (Corp); West Penn Allegheny Health System, Inc. (Non Profit Corp); West Penn Allegheny Health System Primary Care Network; West Penn Allegheny Oncology Network; West Penn Allegheny Physicians, LLC; West Penn Allegheny Senior Care; West Penn Breast Surgery Practice; West Penn Comprehensive Health Care, P.C.; West Penn Corporate Medical Services, Inc.; West Penn Family Practice; West Penn Internal Medicine Associates; West Penn Physicians' Organization; West Penn Physician Practice Network; West Penn Plastic & Reconstructive Surgery; West Penn Plastic Surgery; West Penn Surgical Supply Co.; West Penn Specialty Mso, Inc.; West View Family Health Associates; The Western Pennsylvania Burn Foundation; Western Pennsylvania Cancer Institute; The Western Pennsylvania Cardiovascular Institute; Western Pennsylvania Diagnostic Clinic; Western Pennsylvania Heart Plan Inc.; The Western Pennsylvania Hospital Foundation; The Western Pennsylvania Hospital–Forbes Regional Campus; The Western Pennsylvania Hospital School of Nursing; The Western Pennsylvania Hospital Skilled Nursing Facility; Western Pennsylvania Ob/Gyn Associates; The Western Pennsylvania Research Institute; Wexford Medical Practice; Wexford Weight Loss. |
OPINION TEXT STARTS HERE
Jared K. Cook, Esquire, Justin M. Cordello, Esquire, Michael J. Lingle, Esquire, Patrick Solomon, Esquire, J. Nelson Thomas, Esquire (Argued), Thomas & Solomon, New York, NY, for appellants in case 12–1446 and case 12–1903.
Wendy W. Feinstein, Esquire, Mariah L. Klinefelter, Esquire, John J. Myers, Esquire (Argued), Andrew T. Quesnelle, Esquire, Mark A. Willard, Esquire, Eckert, Seamans, Cherin & Mellot, Pittsburgh, PA, for appellees in case 12–1446.
Alexandra Bak–Boychuk, Esquire, David S. Fryman, Esquire (Argued), William K. Kennedy, II, Esquire, John B. Langel, Esquire, Ballard Spahr, Philadelphia, PA, Robert B. Cottington, Esquire, Cohen & Grigsby, Pittsburgh, PA, for appellees in case 12–1903.
Before: RENDELL, AMBRO and VANASKIE, Circuit Judges.
In this consolidated appeal we consider whether named plaintiffs may appeal a district court order denying final certification of a collective action under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. (2007). The named plaintiffs voluntarily dismissed their individual claims with prejudice but seek to pursue an appeal on behalf of others who opted into the litigation before the District Court. We conclude that the named plaintiffs lack final orders appealable under 28 U.S.C. § 1291. Thus, we will dismiss these appeals for lack of jurisdiction.
“The FLSA establishes federal minimum-wage, maximum-hour, and overtime guarantees that cannot be modified by contract.” Genesis Healthcare Corp. v. Symczyk, ––– U.S. ––––, 133 S.Ct. 1523, 1527, 185 L.Ed.2d 636 (2013). Under Section 16(b) of the FLSA, 29 U.S.C. § 216(b), an employee may bring an action against his employer individually, on his own behalf, and collectively, on behalf of other “similarly situated” employees. Id. In order to become parties to a collective action under Section 16(b), employees must affirmativelyopt-in by filing written consents with the court. 29 U.S.C. § 216(b). This feature distinguishes the collective-action mechanism under Section 16(b) from the class-action mechanism under Federal Rule of Civil Procedure 23, where, once the class is certified, those not wishing to be included in the class must affirmatively opt-out.
Courts in our Circuit follow a two-step process for deciding whether an action may properly proceed as a collective action under the FLSA. Zavala v. Wal–Mart Stores Inc., 691 F.3d 527, 535 (3d Cir.2012). Applying a “fairly lenient standard” at the first step, the court makes a preliminary determination as to whether the named plaintiffs have made a “modest factual showing” that the employees identified in their complaint are “similarly situated.” Id. at 536 & n. 4. If the plaintiffs have satisfied their burden, the court will “conditionally certify” the collective action for the purpose of facilitating notice to potential opt-in plaintiffs and conducting pre-trial discovery. Id. at 536. At the second stage, with the benefit of discovery, “a court following this approach then makes a conclusive determination as to whether each plaintiff who has opted in to the collective action is in fact similarly situated to the named plaintiff.” Symczyk v. Genesis Healthcare Corp., 656 F.3d 189, 193 (3d Cir.2011), rev'd on other grounds, Symczyk, 133 S.Ct. at 1526. This step may be triggered by the plaintiffs' motion for “final certification,” by the defendants' motion for “decertification,” or, commonly, by both. If the plaintiffs succeed in carrying their heavier burden at this stage, the case may proceed on the merits as a collective action. Id.
It is under this framework that Appellants brought their actions.
The first consolidated action was commenced on April 2, 2009, by Karen Camesi, Erin O'Connell, Dinah Baker, and Lori Shaffer (the “Camesi Named Plaintiffs”) against UPMC and multiple related entities (collectively, “UPMC”) in the United States District Court for the Western District of Pennsylvania on behalf of themselves and “similarly situated” individuals. (Camesi J.A. at A–40). They alleged that their employer, UPMC, violated the FLSA by failing to ensure that they were paid for time worked during meal breaks. Upon filing their complaint, the Camesi Named Plaintiffs moved for expedited conditional certification. ( Id.) The motion was granted in May 2009, notice was directed to potential collective-action members, and 3,115 individuals opted into the lawsuit. (Camesi Br. Appellee at 5). After preliminary discovery, UPMC filed a motion to decertify the collective action and the Camesi Named Plaintiffs filed a motion for final certification. (Camesi J.A. at A–114–16). The District Court granted UPMC's motion and denied the Camesi Named Plaintiffs' motion on December 20, 2011, and dismissed the claims of the opt-in plaintiffs without prejudice. ( Id. at A–1). The Camesi Named Plaintiffs did not ask the District Court to certify its interlocutory December 20, 2011 order for appeal, but, instead, moved under Federal Rule of Civil Procedure 41(a) for “voluntary dismissal of their claims with prejudice in order to secure a final judgment for purposes of appeal.” ( Id. at A–1565). The...
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