Amalgamated Transit Union Local 1309 v. Laidlaw Transit Services, Inc.

ORDER

This is an attempt to appeal from the district court’s order denying plaintiffs’ motion to remand this action to California state court. We address procedural issues related to the perfecting of an appeal under the recently enacted Class Action Fairness Act of 2005, and hold that Federal Rule of Appellate Procedure 5 governs the initiation of such appeals, and that the petition for permission to take an appeal must be filed not more than seven court days after the district court’s order.

I. Background

On April 12, 2005, Amalgamated Transit Union Local 1309 (“Union”) and 15 individuals (collectively, “plaintiffs”) filed suit in the San Diego County Superior Court against their past and current employers, Laidlaw Transit Services, Inc., and First Transit, Inc. (“First Transit” and collectively, “defendants”), alleging violations of California’s meal and rest period laws. The suit was purportedly filed by the Union as a “representative action,” pursuant to Professional Fire Fighters v. City of Los Angeles, 60 Cal.2d 276 , 32 Cal.Rptr. 830 , 384 P.2d 158 (1963), on behalf of other employees in addition to the 15 named plaintiffs. On June 9, 2005, defendants removed the action…