context: We note that the issue of a named plaintiffs ability to maintain actions in a representative capacity in collective actions brought under the FLSA, as compared to Rule 23 class actions, is in a state of flux. The Supreme Court has recently reinforced its view that these procedural mechanisms are essentially different. We need not decide whether it may, however, because we believe that the unique fact pattern here--namely, Appellants' voluntary dismissal of their claims with prejudice--has not only extinguished Appellants' individual claims, but also any residual representational interest that they may have once had.
citation_a.signal: cf.
citation_a.identifier: 584 F.3d 701, 706
citation_a.parenthetical: "Since the plaintiffs no longer have an interest in shifting ... costs to the putative class members [following settlement of their claims], the court cannot avoid the conclusion that this case is moot."
citation_a.sentence: Ruppert v. Principal Life Ins. Co., 705 F.3d 839, 844 (8th Cir.2013) (holding that a Rule 23 named plaintiffs acceptance of a settlement offer as to his individual claims mooted his interest in the denial of class certification); Rhodes v. E.I. duPont de Nemours & Co., 636 F.3d 88, 100 (4th Cir.2011) (“[W]hen a putative class plaintiff voluntarily dismisses the individual claims underlying a request for class certification, ... there is no longer a self-interested party ... necessary to satisfy Article III standing.”); cf. Pettrey v. Enter. Title Agency, Inc., 584 F.3d 701, 706 (6th Cir.2009) (“Since the plaintiffs no longer have an interest in shifting ... costs to the putative class members [following settlement of their claims], the court cannot avoid the conclusion that this case is moot.”). This is so because it would be anomalous to conclude that Appellants are “similarly situated” to opt-in plaintiffs who, unlike Appellants, have actually retained their individual claims.
citation_b.signal: no signal
citation_b.identifier: 705 F.3d 839, 844
citation_b.parenthetical: holding that a Rule 23 named plaintiffs acceptance of a settlement offer as to his individual claims mooted his interest in the denial of class certification
citation_b.sentence: Ruppert v. Principal Life Ins. Co., 705 F.3d 839, 844 (8th Cir.2013) (holding that a Rule 23 named plaintiffs acceptance of a settlement offer as to his individual claims mooted his interest in the denial of class certification); Rhodes v. E.I. duPont de Nemours & Co., 636 F.3d 88, 100 (4th Cir.2011) (“[W]hen a putative class plaintiff voluntarily dismisses the individual claims underlying a request for class certification, ... there is no longer a self-interested party ... necessary to satisfy Article III standing.”); cf. Pettrey v. Enter. Title Agency, Inc., 584 F.3d 701, 706 (6th Cir.2009) (“Since the plaintiffs no longer have an interest in shifting ... costs to the putative class members [following settlement of their claims], the court cannot avoid the conclusion that this case is moot.”). This is so because it would be anomalous to conclude that Appellants are “similarly situated” to opt-in plaintiffs who, unlike Appellants, have actually retained their individual claims.