Opinion
Case No: 2:18-cv-640-FtM-38MRM
12-21-2018
ALEXIS BERNAL, Plaintiff, v. PAVER PRO UNLIMITED, INC., Defendant.
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Before the Court is Plaintiff Alexis Bernal's Notice of Voluntary Dismissal with Prejudice (Doc. 10). Plaintiff sued Paver Pro Unlimited, Inc. under the Fair Labor Standards Act ("FLSA") for unpaid overtime wages. (Doc. 1). Plaintiff now informs the Court that her claim has been resolved without compromise and with attorney's fees negotiated separately. (Doc. 10). 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)(i) allows a plaintiff to dismiss an action voluntarily before the opposing party serves either an answer or a motion for summary judgment, as is the case 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 December, 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record