Opinion
Case No.: 2:20-cv-12-FtM-38MRM
04-21-2020
MERCEDES MUNOZ, Plaintiff, v. SOPHIA OF GATEWAY, LLC and MOHAMMAD SULEMAN, Defendants.
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Before the Court are the parties' Notice of Settlement (Doc. 24) and Joint Stipulation of Dismissal with Prejudice (Doc. 25). Mercedes Munoz sued Sophia of Gateway, LLC and Mohammad Suleman under the Fair Labor Standards Act (FLSA) for unpaid overtime. (Doc. 1). The parties now inform the Court that they have resolved Munoz's claim without compromise and with her attorney fees and costs negotiated and paid separately. Therefore, there is no need for the Court to review and approve the settlement for fairness. See Lynn's Food Stores, Inc. v. U.S. Dep't of Labor, 679 F.2d 1350, 1352 (11th Cir. 1982); see also Mackenzie v. Kindred Hosps. East, L.L.C., 276 F. Supp. 2d 1211, 1217 (M.D. Fla. 2003). Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action voluntarily by filing a stipulation signed by all parties who have appeared, as Munoz has done here.
Accordingly, it is now
ORDERED:
1. The case is DISMISSED with prejudice.
2. The Clerk of the Court is DIRECTED to enter judgment accordingly, terminate all pending motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 21st day of April, 2020.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record