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Smith v. T-Mobile USA, Inc., No. 08-55535

In a Fair Labor Standards Act collective action seeking unpaid overtime for hourly employees, the appeal is dismissed for lack of jurisdiction where, because Plaintiffs voluntarily settled their Fair Labor Standards Act claims before the appeal was taken, the action was moot.

Read the full decision in Smith v. T-Mobile USA, Inc., No. 08-55535.

Appeal Information:

Appeal from the United States District Court for the Central District of California. Audrey B. Collins, District Judge, Presiding

Submitted May 4, 2009, Pasadena, California

Filed June 15, 2009


Before Cynthia Holcomb Hall, Andrew J. Kleinfeld and Barry G. Silverman, Circuit Judges.

Opinion by Judge Silverman.


Gwen Freeman, Knapp, Petersen & Clark, Glendale, California, for the plaintiffs-appellants.

James Severson, Bingham McCutchen, LLP, San Francisco, California, for the defendants-appellees.