Babbitt v. Target, et al.

Summary

J. Frank denies the employer's motion to certify an interlocutory appeal of his decision to grant conditional class certification in the employees' suit alleging that they were misclassified. The employer has not shown that its challenge to conditional certification will raise a controlling question of law, since it may move for decertification after notice and the completion of discovery. It also has not shown that conditional certification would materially advance the litigation toward its conclusion, nor that there are substantial grounds for a difference of opinion on appeal.