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ROACH v. T.L. CANNON CORP.

No. 13-3070-cv.

778 F.3d 401 (2015)

Matthew ROACH, Melissa Longo, Garrett Tichen, Christina Apple, Plaintiffs-Appellants, v. T.L. CANNON CORP., d/b/a Applebees, T.L. Cannon Management Corp., TLC West, LLC, TLC Central, LLC, TLC Utica, LLC, TLC East, LLC, TLC North, LLC, David A. Stein, individually and as Owner and Chairman of T.L. Cannon Corp. and as Director and Chairman of T.L. Cannon Management Corp., Matthew J. Fairbarn, individually and as Owner and President of T.L. Cannon Corp. and as Director and Chief Executive Officer of T.L. Cannon Management Corp., John A. Perry, individually and as Vice-President and Director of Operations of T.L. Cannon Corp. and as President of T.L. Cannon Management Corp., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

February 10, 2015.

Attorney(s) appearing for the Case

Scott Michelman , Public Citizen Litigation Group, Washington, DC, ( J. Nelson Thomas , Michael J. Lingle , and Annette Gifford , Thomas & Solomon, LLP, Rochester, N.Y., Frank S. Gattuso and Dennis G. O'Hara , O'Hara, O'Connell & Ciotoli, Fayetteville, N.Y., Michael T. Kirkpatrick , Public Citizen Litigation Group, Washington, DC, on the brief), for Plaintiffs-Appellants.

Craig R. Benson , Littler Mendelson, P.C. ( Andrew P. Marks , Elena Paraskevas-Thadani , and Erin W. Smith , on the brief), New York, N.Y., for Defendants-Appellees.

Jamie G. Sypulski , Law Office of Jamie Golden Sypulski, and Douglas M. Werman , Werman Law Office, P.C., Chicago, IL, for the National Employment Lawyers Association as amicus curiae in support of Plaintiffs-Appellants.

Before: JACOBS and DRONEY, Circuit Judges; KAPLAN, District Judge.

This appeal presents the question of whether the Supreme Court's decision in Comcast Corp. v. Behrend, ___ U.S. ___, 133 S.Ct. 1426, 185 L.Ed.2d 515 (2013), overruled the law of this Circuit that class certification pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure cannot...

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