Bonni G. Glevicky v. Community College of Allegheny County

NOT PRECEDENTIAL
IN THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 01-3277
_____________________
BONNI G. GLEVICKY
v.
COMMUNITY COLLEGE OF
ALLEGHENY COUNTY, Appellant
____________________________________
On Appeal From the United States District Court
For the Western District of Pennsylvania
(D.C. No. 00-cv-00-cv-02328)
District Judge: Honorable William L. Standish
_______________________________________
Submitted Under Third Circuit LAR 34.1(a)
October 15, 2002
Before: BECKER, Chief Judge, ROTH and ROSENN,
Circuit Judges.
(Filed November 25, 2002)
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OPINION
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BECKER, Chief Judge.
Bonni G. Glevicky brought this action in the District Court for the Western District
of Pennsylvania, alleging violations of the Fair Labor Standards Act of 1938 (FLSA), as
amended, 29 U.S.C. § 201, et seq., the Pennsylvania Wage Payment and Collection Law, 43
P.S. § 260.1, et seq., and the Employee Retirement Income Security Act (ERISA), 29

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U.S.C. § 1001, et seq. In response to Glevicky’s Amended Complaint, defendant
Community College of Allegheny County (CCAC) filed an Answer and Counterclaim,
alleging misrepresentation under Pennsylvania law. Glevicky then filed a Motion to
Dismiss the Counterclaim pursuant to Rule 12(b)(6). The District Court dismissed
CCAC’s counterclaim for lack of subject matter jurisdiction or, in the alternative, for
failure to state a claim upon which relief can be granted. This appeal is from that order.
Glevicky’s claim is still alive in the District Court, hence the order dismissing the
Counterclaim is not a final order. Absent circumstances not present here, this Court has
jurisdiction only over final orders of the District Court. 28 U.S.C. § 1291. Accordingly,
the appeal will be dismissed for lack of appellate jurisdiction.

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_____________________________
TO THE CLERK:
Please file the foregoing Opinion.
BY THE COURT:
/s/ Edward R. Becker
Chief Judge

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