Opinion
Case No: 2:16-cv-650-FtM-38MRM
02-01-2018
MICHAEL BOLES, Plaintiff, v. HAVEN FORT MYERS, LLC, HAVEN HOSPITALITY CONCEPTS, LLC, EC SQUARED, LLC, CHUCK THAKKAR, BRAD COZZA, NILOY THAKKAR and SOLANI THAKKAR, Defendants.
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This matter comes before the Court on the parties' Joint Notice of Settlement (Doc. 59), filed on January 29, 2018. Plaintiff brought this action under the Fair Labor Standards Act for the recovery of unpaid wages and minimum wages. (Doc. 2). The parties now inform the Court that Plaintiff Michael Boles' claims against Defendants have been resolved in full without compromise, with the attorney's fees negotiated separately from the resolution of Plaintiff's claims. (Doc. 59 at ¶ 3). Consequently, 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).
In addition, Federal Rule of Civil Procedure 41 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 dismiss this case with prejudice under Rule 41(a)(1)(A)(ii) and provide the Court with a Joint Stipulation for Dismissal signed by all parties. (Doc. 59).
Accordingly, it is now
ORDERED:
1. This case is DISMISSED with prejudice.
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 1st day of February, 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record