United States Fourth Circuit

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

Judges

• HAMILTON

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Narendra K. Ghosh, Kevin V. Parsons