647 F.3d 1109
11th Cir.2011Background
- Dionne worked as a warehouse clerk for Floormasters from Sept 19 to Nov 27, 2007 under manager Molsick who controlled pay and duties.
- Dionne filed a §216(b) overtime claim on 3/24/2008 on his own behalf and for other clerks.
- Floormasters tendered full payment of claimed overtime and liquidated damages and moved to dismiss on 4/23/2008.
- The district court denied the initial mootness dismissal and noted damages disputes remained unresolved.
- A second tender of full payment was filed on 5/19/2008, asserting mootness; Dionne responded asking the court to retain jurisdiction to consider fees.
- The district court granted the dismissal with prejudice on 6/4/2008; Dionne moved for attorney’s fees on 7/7/2008, which the district court denied on 9/22/2009, leading to an appeal on 10/20/2009.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether tendering full payment moots the case for FLSA-fee rights. | Dionne: tendering full payment shows prevailing status. | Floormasters: mootness does not create prevailing party status. | No; no judgment awarded, so no prevailing party. |
| Whether Buckhannon prevents fee awards when case is dismissed as moot. | Dionne: catalyst theory may apply. | Floormasters: Buckhannon rejects catalyst theory. | Buckhannon controls; dismissal without judgment cannot create prevailing party. |
| Whether the district court erred in denying fees under 29 U.S.C. §216(b). | Dionne entitled to fees as prevailing party. | No prevailing party without judgment. | affirmed denial; no fee award. |
| Whether settlement-like actions without court-approval can yield fees under Lynn's Food Stores. | Dionne: payment in full suffices. | No court-approval, no settlement; not prevailing. | Not applicable; no settlement jurisdiction. |
Key Cases Cited
- Buckhannon Bd. & Care Home, Inc. v. West Virginia Dept. of Health & Human Resources, 532 U.S. 598 (U.S. 2001) (precludes catalyst theory; prevailing party requires judicial relief)
- Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982) (settlement not needed for fee entitlement; enforcement needed)
- Truesdell v. Philadelphia Housing Authority, 290 F.3d 159 (3d Cir. 2002) (settlement terms incorporated for fees; requires judicial approval)