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Wednesday, July 22, 2026

WAGE-HOUR—CLASS ACTIONS—W.D.N.C.: FLSA collective action dismissed after representative plaintiff withdraws - VitalLaw.com

The withdrawal deprived the district court of jurisdiction.

A federal court lost jurisdiction over a putative collective action under the Fair Labor Standard Act when the named plaintiff withdrew, making it impossible to substitute another plaintiff at a later date, a federal district judge ruled in dismissing the case. The judge also declined to exercise supplemental jurisdiction over a related North Carolina Wage and Hour Act claim, finding it better suited for a state court to hear (Hood v. Capstone Logistics, LLC, No. 3:22-CV-00292-MEO-DCK (W.D.N.C. May 20, 2026)).

Minimum wage and overtime claims. An ex-employee of Capstone Logistics, LLC, filed a complaint against the company on June 30, 2022, alleging Capstone failed to pay minimum wage and overtime as required by law. He sought to bring a collective action under the FLSA, including Capstone employees throughout the United States, and a class action under the North Carolina Wage and Hour Act, including employees in North Carolina.

Withdrawal. After “substantial motions practice,” the ex-employee notified his attorney on January 29, 2025, that a health situation would make it “nearly impossible” for him to continue as representative plaintiff, according to the ruling in the matter. On February 4, 2025, he signed a declaration confirming his desire to withdraw as representative plaintiff but to remain part of the putative class and collective, while agreeing to be replaced by another representative plaintiff.

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