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COMER v. WAL-MART STORES, INC.

No. 05-1761.

454 F.3d 544 (2006)

Kim COMER, et al., Plaintiffs-Appellees, v. WAL-MART STORES, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 19, 2006.

Attorney(s) appearing for the Case

ARGUED: Neal D. Mollen, Hastings, Janofsky & Walker, Washington, D.C., for Appellant. Harry Ingleson II, Petoskey, Michigan, for Appellees. ON BRIEF: Neal D. Mollen, John P. Isa, Hastings, Janofsky & Walker, Washington, D.C., Judith M. Kline, Hastings, Janofsky & Walker, Los Angeles, California, for Appellant. Harry Ingleson II, Petoskey, Michigan, John B. Ingleson, Murfreesboro, Tennessee, for Appellees.

Before: BOGGS, Chief Judge; and GIBBONS and GRIFFIN, Circuit Judges.

OPINION

BOGGS, Chief Judge.

Wal-Mart appeals the district court's January 4, 2005, order granting the motion of plaintiffs, former Wal-Mart Assistant Store Managers (ASMs), to approve notice to advise ASMs employed at any time in the past three years in Wal-Mart's Region 3 (comprising Michigan, Northern Indiana, and Northern Ohio) of their rights under the Fair Labor Standards Act ("FLSA") and to furnish them an opportunity to opt into plaintiffs' lawsuit...

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