GMS Mine Repair & Maintenance, Inc. v. Milkos (Signed Opinion)Annotate this Case
Respondent filed a putative class action alleging that Petitioner had failed to pay him and other similarly situated employees their final wages within the time period mandated by the West Virginia Wage Payment and Collection Act. Respondent served requests upon Petitioners seeking class discovery. Petitioner filed a motion to stay class discovery, arguing that the class discovery was overly broad, unduly burdensome, and premature. The circuit court denied the request to stay class discovery, finding that Petitioner had waived its objections to class discovery, as they were untimely raised, and had further failed to meet its burden of demonstrating why such discovery should not proceed. Petitioner appealed the circuit court’s interlocutory order and invited the Supreme Court to extend the collateral order doctrine to interlocutory discovery orders that implicate case management. The Court, however, chose to consider this matter as a petition for a writ of prohibition, granted the writ, and vacated the order denying Petitioner’s motion to stay class discovery, holding that the circuit court abused its discretion in refusing to stay class discovery pending a ruling on the threshold legal issue of statutory construction that bears on the viability of Respondent’s individual claim. Remanded.