Opinion
Case No: 2:17-cv-342-FtM-38MRM
05-20-2018
ESTRELIA ACOSTA, an individual Plaintiff, v. PEDIATRIC GASTROENTEROLOGY, HEPATOLOGY AND NUTRITION OF FLORIDA, P.A., Defendant.
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This matter comes before the Court on review of the parties' Joint Notice of No Compromise and Stipulation of Dismissal with Prejudice (Doc. 29), filed on May 1, 2018.
Plaintiff filed suit on June 19, 2017 to recover compensation allegedly owed to her under the Fair Labor Standards Act ("FLSA"). (Doc. 1). On July 26, 2017, Defendant filed its Answer and Affirmative Defenses. (Doc. 9). The parties now inform the court that they have settled Plaintiff's claims in full without compromise. (Doc. 29 at 1). This being the case, the Court need not 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 King v. My Online Neighborhood, Inc., No. 6:06-cv-435-Orl-22JGG, 2007 WL 737575, at *3 (M.D. Fla. Mar. 7, 2007) ("Where the employer offers the plaintiff full compensation on his FLSA claim, no compromise is involved and judicial approval is not required.").
In addition, Rule 41 of the Federal Rules of Civil Procedure allows a plaintiff to dismiss an action without a court order by "a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). Here, the parties agree to dismiss this case with prejudice under Rule 41(a)(1)(A)(ii) and have signed the Stipulation for Dismissal (Doc. 29 at 2). The Court thus dismisses the case with prejudice.
Accordingly, it is now
ORDERED:
1. The parties' Joint Notice of No Compromise and Stipulation of Dismissal with Prejudice (Doc. 29) is GRANTED.
2. The Clerk of 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 20th day of May, 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record