On October 1, 2015, this matter was transferred to the Court of Common Pleas of Washington County. Judge McVerry declined to exercise supplemental jurisdiction over the state law claims. Also, Judge McVerry denied both the motion for class certification pursuant to FRCP 23 and GMS’ motion for decertification of a conditionally certified collective action. Judge McVerry denied summary judgment as to the state related claims. Judge McVerry granted summary judgment as to claim of a violation of the ederal Fair Labor Standards Act (FLSA). McVerry partially granted GMS’ motion for summary judgment. 25 months later (), after substantial pre-trial litigation, Senior District Judge Terrence F. A02039/20 On August 23, 2013, a class action complaint identifying Joseph Bonds as an individual plaintiff was filed in Federal Court in the Western District of Pennsylvania. However, an appeal does not lie from the denial of post-trial motions. In the caption of their brief, GMS purports to appeal from the order denying its post-trial motions. We take the underlying facts and procedural history from our review of the certified record and the trial court’s Augopinion. Bonds, individually and on behalf of all others similarly situated (“the class”) (plaintiffs below), in the Court of Common Pleas of Washington County. (“GMS”) (defendant below), appeals from the judgment1 entered on August 9, 2019, in favor of appellees, Joseph A. MEMORANDUM BY FORD ELLIOTT, P.J.E.: FILED DECEMAppellant, GMS Mine Repair & Maintenance, Inc. 2015-CV-6310 BEFORE: SHOGAN, J., OLSON, J., AND FORD ELLIOTT, P.J.E. 12 Appeal from the Judgment Entered August 9, 2019, in the Court of Common Pleas of Washington County Civil Division at No. GMS MINE REPAIR & MAINTENANCE, INC., Appellant : : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. BONDS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. A02039/20 NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P.
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