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McELMURRY v. U.S. BANK NAT. ASS'N

Nos. 05-36047, 05-76425.

495 F.3d 1136 (2007)

Keri McELMURRY; Karen Mrazek, individual and on behalf of all similarly situated, Plaintiffs-Appellants, v. U.S. BANK NATIONAL ASSOCIATION, and its affiliates and subsidiaries, Defendant-Appellee, and Does 1-25, Defendant. In re Keri McElmurry; In re Karen Mrazek, individually and on behalf of all similarly situated. Keri McElmurry; Karen Mrazek, individual and on behalf of all similarly situated, Petitioners, v. United States District Court for the District of Oregon, Respondent, U.S. Bank National Association, and its affiliates and subsidiaries; Does 1-25, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2007.

Attorney(s) appearing for the Case

Jacqueline L. Koch, Koch & Deering, Portland, OR, for the petitioners.

Timothy R. Volpert and Christopher McCracken, Davis Wright Tremaine LLP, Portland, OR, for the respondent.

Before: D.W. NELSON, ANDREW J. KLEINFELD, and JAY S. BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

Plaintiffs-Appellants Keri McElmurry and Karen Mrazek bring this interlocutory appeal from a district court order denying their motion to issue notice of a collective action brought under § 16(b) of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216(b). We hold that the collateral order exception to the final judgment rule is inapplicable here because the district court's order is not "effectively unreviewable on appeal from a final...

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