Edward Monroe, et al v. Fts Usa, Llc, et al

Filing

OPINION and JUDGMENT filed : The district court s certification of this case as a collective action and its allowance of representative testimony at trial and the use of an estimated-average approach are AFFIRMED. IT IS FUTHER ORDERED that the district court s calculation of damages is REVERSED and REMANDED for recalculation consistent with the opinion of this court. Decision for publication. Danny J. Boggs, Jeffrey S. Sutton (CONCURRING/DISSENTING), and Jane Branstetter Stranch (AUTHORING), Circuit Judges. *Adam Hansen has been added to the listing of appellee counsel.

Case: 14-6063

Document: 76-3

Filed: 06/21/2017

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 14-6063

EDWARD MONROE, FABIAN MOORE,
and TIMOTHY WILLIAMS, on behalf of themselves
and all others similarly situated,
Plaintiffs - Appellees,

FILED
Jun 21, 2017
DEBORAH S. HUNT, Clerk

v.
FTS USA, LLC and UNITEK USA, LLC,
Defendants - Appellants.

Before: BOGGS, SUTTON, and STRANCH, Circuit Judges.

JUDGMENT
On Remand from the United States Supreme Court.
IN CONSIDERATION of the December 12, 2016 order of the United States Supreme Court in
this case and the supplemental briefs of counsel, and reconsideration of the original opinion and judgment
of this court of March 2, 2016,
IT IS NOW ORDERED that the district court’s certification of this case as a collective action and
its allowance of representative testimony at trial and the use of an estimated-average approach are
AFFIRMED. IT IS FUTHER ORDERED that the district court’s calculation of damages is REVERSED
and REMANDED for recalculation consistent with the opinion of this court.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk