Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Oakley v. The Ohio State University Wexner Medical Center

Court of Appeals of Ohio, Tenth District

September 3, 2019

James Oakley et al., Plaintiffs-Appellants,
v.
The Ohio State University Wexner Medical Center, Defendant-Appellee.

          APPEAL from the Court of Claims of Ohio No. 2017-00845JD

         On brief:

          Mansell Law, LLC, Gregory R. Mansell, and Carrie J. Dyer; The Friedmann Firm LLC, Rachel A. Sabo, and Peter G. Friedmann, for appellants.

          Dave Yost, Attorney General, and Randall W. Knutti, for appellee; Vorys, Sater, Seymour and Pease LLP, Robert N. Webner, Mark A. Knueve, Michael J. Ball, and Natalia M. Cabrera, special counsel for appellee.

         Argued:

          Gregory R. Mansell.

          Mark A. Knueve.

          DECISION

          LUPER SCHUSTER, J.

         {¶ 1} Plaintiffs-appellants, a proposed class led by James Oakley and Channing Capehart, appeal from a judgment entry of the Court of Claims of Ohio denying their motion for conditional class certification in their suit against defendant-appellee, The Ohio State University Wexner Medical Center ("OSUWMC"). Appellants additionally appeal from the trial court's denial of their motion for leave to file a second notice of supplemental evidence. For the following reasons, we sua sponte dismiss the appeal due to lack of a final appealable order.

         I. Facts and Procedural History

         {¶ 2} On October 18, 2017, appellants filed a collective action complaint in the trial court on behalf of themselves and all other similarly situated hourly, non-exempt employees of OSUWMC. The complaint alleged OSUWMC was in violation of the Fair Labor Standards Act ("FLSA"), codified at 29 U.S.C. 201, et seq., and owed appellants unpaid wages stemming from its practice of rounding clock-in and clock-out times. Additionally, appellants asserted a Civ.R. 23 class action against OSUWMC due to the same rounding practice, alleging a violation of the Ohio Minimum Fair Wage Standards Act, codified at R.C. 4111.03.

         {¶ 3} Prior to conducting discovery, appellants filed, on January 22, 2018, a motion for conditional class certification requesting the trial court conditionally certify the class of "[a]ll current or former hourly, non-exempt employees of [OSUWMC] employed between October 18, 2014 and the present, who are or were subject to the 'Clock In and Clock Out Rounding Policy.'" (Pls.' Pre-Discovery Mot. at 3.) In their briefing, appellants relied on evidence of 17 individuals that they alleged OSUWMC failed to properly compensate based on OSUWMC's rounding practice. Appellants then filed an "unopposed notice of supplemental evidence in support of their pre-discovery motion for conditional class certification" on February 9, 2018. OSUWMC filed a response on April 6, 2018, and appellants, with leave of court, filed a reply in support of their motion on April 30, 2018. Following a May 10, 2018 status conference, the parties filed a joint exhibit providing further details on the clock-in and clock-out procedures at issue in the case.

         {¶ 4} After the parties completed briefing on the issue of conditional class certification but before the magistrate had issued a recommendation on appellants' motion, appellants sought leave to file a second notice of supplemental evidence for the magistrate to consider in deciding whether to grant conditional class certification. The proposed supplemental evidence consisted of a sampling of time records and an analysis of 39 different hourly, non-exempt employees. OSUWMC filed a substantive response in opposition.

         {¶ 5} In an August 8, 2018 decision, the magistrate denied appellants' motion for leave to file their second notice of supplemental evidence in support of their motion for conditional class certification. Specifically, the magistrate noted that the briefing period for appellants' motion for conditional class certification closed on April 30, 2018, but appellants did not seek leave to file their second notice of supplemental evidence until July 23, 2018. Additionally, the magistrate recommended the trial court deny appellants' motion for conditional class certification on the grounds that appellants "failed to present ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.