Sixth Circuit Denial of Def FCA Petition to Appeal

Case 2:17-cv-10619-LJM-EAS Case: 18-106 Document: ECF No. 73 13-1filedFiled: 02/08/19 02/08/2019 PageID.2723 Page: 1Page 1 of 2 (1 of 2)

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988

Deborah S. Hunt Clerk

Tel. (513) 564-7000 www.ca6.uscourts.gov

Filed: February 08, 2019

Mr. Adam Shereef Abu Akeel Mr. Shereef Hadi Akeel Mr. Hasan Kaakarli Mr. Robert W. Palmer Ms. Beth M. Rivers Mr. Muhammad Misbah Shahid Mr. Jerome R. Watson Mr. Daniel E. Turner

Re: Case No. 18-106, In re: FCA US LLC Originating Case No.: 2:17-cv-10619 Dear Counsel, The Court issued the enclosed Order today in this case.

Sincerely yours, s/Briston S. Mitchell Case Manager Direct Dial No. 513-564-7082 cc: Mr. David J. Weaver Enclosure No mandate to issue

Case 2:17-cv-10619-LJM-EAS Case: 18-106 Document: ECF No. 73 13-2filedFiled: 02/08/19 02/08/2019 PageID.2724 Page: 1Page 2 of 2 (2 of 2)

No. 18-0106

FILED

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

In re: FCA US LLC, Petitioner.

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Feb 08, 2019 DEBORAH S. HUNT, Clerk

ORDER

Before: KEITH, MOORE, and GIBBONS, Circuit Judges.

Petitioner, Fiat Chrysler Automobiles N.V., seeks to take an interlocutory appeal to this court from an order of the district court denying in part its motion to dismiss. Petitioner asserts that the district court erred in determining that subgroups of protected employees under the Age Discrimination in Employment Act of 1967 are legally viable in disparate impact collective action cases. On September 4, 2018, the district court certified its order for direct appeal under 28 U.S.C. § 1292(b), finding this to be one of the exceptional circumstances in which to permit an interlocutory appeal. Upon consideration of the petition and the response thereto, we find that the issue before us appears to have been previously resolved by O’Connor v. Consol. Coin Caterers Corp., 517 U.S. 308 (1996).

Accordingly, the petition for permission to appeal is DENIED. ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk