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Title: Rieve v. Coventry Health Care Inc et al.

August 6, 2012

TITLE: RIEVE
v.
COVENTRY HEALTH CARE INC ET AL.



The opinion of the court was delivered by: Honorable David O. Carter, Judge

O

CIVIL MINUTES -- GENERAL

PRESENT: THE HONORABLE DAVID O. CARTER, JUDGE

Julie Barrera N/A Courtroom Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT: None Present None Present

PROCEEDINGS: (IN CHAMBERS): ORDER DENYING DEFENDANTS' MOTION FOR CERTIFICATION FOR INTERLOCUTORY APPEAL

Before the Court is a Motion for Interlocutory Appeal filed by Defendants (Docket 128). The Court finds the matter appropriate for decision without oral argument. Fed R. Civ. P. 78; Local R. 7-15. After considering the moving, opposing, and replying papers, the Court DENIES the Motion.

I.Background

The parties are familiar with the factual background of this case from this Court's Order granting in part and denying in part Defendants' summary judgment motion and sua sponte granting in part summary judgment for Plaintiff. See Docket 107. Defendants now seek interlocutory appeal on one discrete issue from that Order.

II.Legal Standard

An interlocutory appeal is appropriate where the order subject to appeal: 1) involves a controlling question of law; 2) as to which there is a substantial ground for difference of opinion; and 3) an immediate appeal from the order may materially advance the ultimate termination of litigation. 28 U.S.C. § 1292(b). "Section 1292(b) is a departure from the normal rule that only final judgments are appealable, and therefore must be construed narrowly." James v. Price Stern Sloan, Inc., 283 F. 3d 1064, 1067 n.6 (9th Cir. 2002). Indeed, the legislative history of § 1292 suggests that it ought to be used, "only in exceptional situations in which allowing an interlocutory appeal would avoid protracted and expensive litigation." See In re Cement Antitrust Litig., 673 F.2d 1020, 1026 (9th Cir. 1982) citing United States Rubber Co. v. Wright, 359 F.2d 784, 785 (9th Cir. 1966); Milbert v. Bison Laboratories, 260 F.2d 431, 433-35 (3d Cir. 1958).

III.Discussion

Defendants request that this Court certify the following issue: "whether the Court properly concluded as a matter of law that Plaintiff Julia Rieve could not qualify for the California professional exemption because she was entitled to protection Wage Order 4-2001 ยง 1(A)(3)(f) provides to registered nurses 'employed to engage in the practice of nursing,' despite the Court's specific finding that Plaintiff Rieve was not employed to engage in the practice of nursing" (the "Controlling Question"). The Court will analyze, in turn, whether 1) the Controlling Question involves a controlling question of law; 2) there ...


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