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SMITH v. T-MOBILE USA INC.

No. 08-55535.

570 F.3d 1119 (2009)

Mentha SMITH and Justin Gossett, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. T-MOBILE USA INC.; Powertel Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2009.

Attorney(s) appearing for the Case

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

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

Before: CYNTHIA HOLCOMB HALL, ANDREW J. KLEINFELD and BARRY G. SILVERMAN, Circuit Judges.

SILVERMAN, Circuit Judge:

Appellants Mentha Smith and Justin Gossett — the only named plaintiffs in this case — voluntarily settled their Fair Labor Standards Act claims before this appeal was taken. We hold today that such plaintiffs no longer have a personal stake in the outcome. This case is thus rendered moot. Accordingly, we dismiss this appeal for lack of jurisdiction.

I. Background

Smith and Gossett (mother and son) are former...

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