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SIMMONS v. UNITED MORTGAGE AND LOAN INV., LLC

No. 09-2147.

634 F.3d 754 (2011)

Ma'lissa SIMMONS, on behalf of themselves and all others similarly situated; Monterrus Marshall, on behalf of themselves and all others similarly situated; Yolanda Carraway, on behalf of themselves and all others similarly situated; Delana Pruitt, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. UNITED MORTGAGE AND LOAN INVESTMENT, LLC; Arthur E. Kechijian; Larry E. Austin; Austin Investments, L.P.; Kechijian Investments, L.P.; UMLIC Consolidated, Inc.; UMLIC-Seven Corporation; UMLIC Holdings, LLC; United Mortgage Holdings, LLC; United Mortgage Loan and Investment, LLC, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 21, 2011.

Attorney(s) appearing for the Case

ARGUED: Narendra K. Ghosh , Patterson Harkavy, LLP, Chapel Hill, North Carolina, for Appellants. Kevin V. Parsons , Smith, Parsons & Vickstrom, PLLC, Charlotte, North Carolina, for Appellees. ON BRIEF: Ann E. Groninger , Patterson Harkavy, LLP, Charlotte, North Carolina; Burton Craige , Patterson Harkavy, LLP, Raleigh, North Carolina, for Appellants. Aaron M. Christensen , Smith and Christensen, LLP, Charlotte, North Carolina, for Appellees.

Affirmed in part; vacated and remanded in part by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge MOTZ and Judge KEENAN joined.

OPINION

HAMILTON, Senior Circuit Judge:

The primary question presented in this appeal is whether the district court erred in holding that the contents of a particular letter from defense counsel to counsel for the plaintiffs, as clarified by a follow-up letter from defense counsel thirteen days later, rendered moot the plaintiffs' claims for unpaid overtime wages in a collective action under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201...

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