SANDOZ v. CINGULAR WIRELESS LLC

No. 08-30769.

553 F.3d 913 (2008)

Courtney SANDOZ, Plaintiff-Appellee, v. CINGULAR WIRELESS LLC; Cingular Wireless Employee Services LLC; AT&T Mobility LLC, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 23, 2008.


Attorney(s) appearing for the Case

Christopher Leonard Zaunbrecher (argued), Briney & Foret, Lafayette, LA, for Sandoz.

Phyllis Guin Cancienne (argued), Christopher G. Morris, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Baton Rouge, LA, for Defendants-Appellants.

Before REAVLEY, CLEMENT and PRADO, Circuit Judges.


PRADO, Circuit Judge:

In this case, we deal with the difficult question of when an employer can moot a purported collective action under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201-219, by paying an employee's claim in full. In particular, we must consider the complex interplay between Federal Rule of Civil Procedure 68, which stipulates how a defendant can make an offer of judgment that would fully satisfy a plaintiff's claim, and the FLSA's...

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