Wyre v. St. Helena Parish School Board ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
For the Fifth Circuit June 8, 2007
Charles R. Fulbruge III
No. 06-31068 Clerk
Summary Calendar
MATTIE WYRE
Plaintiff-Appellant,
VERSUS
ST. HELENA PARISH SCHOOL BOARD,
Defendant-Appellee.
------------------------------
GUSTAVIA CEASAR
Plaintiff-Appellant,
VERSUS
IBERVILLE PARISH SCHOOL BOARD,
Defendant-Appellee.
------------------------------
LIONEL DUNN, Individually and on behalf of all other similarly
situated individuals,
Plaintiff-Appellant,
VERSUS
EAST BATON ROUGE PARISH SCHOOL BOARD,
Defendant-Appellee.
Appeal from the United States District Court
For the Middle District of Louisiana
(3:04-CV-82)
Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Appellants appeal the district court’s denial of their motion
for conditional class certification pursuant to § 216(b) of the
Fair Labor Standards Act. Appellees contend that we do not have
jurisdiction to hear the appeal.
This Court’s jurisdiction is limited to appeals from final
decisions under 28 U.S.C. § 1291, interlocutory decisions under 28
U.S.C. § 1292, non-final judgments certified as final under Federal
Rule of Civil Procedure 54(b), and other non-final orders or
judgments to which an exception applies. Clark v. Johnson, 278 F.3d
459, 460 (5th Cir. 2002). The denial of a § 216(b) class
certification is not a final decision under § 1291, nor does it
fall under the “collateral order” exception to § 1291's final
judgment rule. See Baldridge v. SBC Commc’ns, Inc., 404 F.3d 930,
931, 933 (5th Cir. 2005). Further, absent certification under
§ 1292(b), it is not an interlocutory decision over which we have
jurisdiction. See § 1292(a). The district court did not certify its
decision as final under Rule 54(b), and there is no other exception
that applies to give us jurisdiction. Accordingly, the appeal is
DISMISSED for want of jurisdiction.
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
2