United States Fourth Circuit

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Simmons v. United Motrgage & Loan Investment, LLC, 09-2147

In plaintiffs' suit against their employer for violation of the FLSA, district court's dismissal of the claims is affirmed in part, vacated in part and remanded where: 1) district court's order dismissing the plaintiffs' FLSA claims and corresponding judgment is vacated and remanded, as the district court erred in holding that the contents of a letter from the defense counsel to the plaintiffs' counsel, as clarified by a follow-up letter from the defense counsel thirteen days later, rendered the plaintiffs' FLSA claims moot, such that a live case or controversy no longer existed with respect to such claims, thus requiring their dismissal for lack of subject matter jurisdiction; 2) district court's order denying the plaintiffs' motion for conditional collective action certification of their FLSA claims their amended version of such motion is vacated and remanded; 3) district court's dismissal of the plaintiffs' NCWHA claims is affirmed; and 4) district court's order denying the plaintiffs leave to file their proposes second amended complaint is vacated and remanded.

Appellate Information

  • Decided 01/21/2011
  • Published 01/21/2011


  • <a href="http://pview.findlaw.com/view/2598412_1">HAMILTON</a>


  • United States Fourth Circuit


  • For Appellant:
  • <a href="http://pview.findlaw.com/view/4025155_1">Narendra K. Ghosh</a>, <a href="http://pview.findlaw.com/view/3386160_1">Kevin V. Parsons</a>