Opinion
Case No: 2:17-cv-524-FtM-38MRM
02-06-2018
JOSE DISOTUAR and MANUEL VAZQUEZ, an individual Plaintiffs, v. FERNANDEZ THE BULL MIDTOWN, INC., Defendant.
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This matter comes before the Court on the parties' Joint Stipulation of Dismissal with Prejudice (Doc. 23) filed on February 5, 2018. Plaintiffs brought this action under the Fair Labor Standards Act for unpaid minimum wages and unpaid overtime wages. (Doc. 1). The parties now inform the Court that Plaintiffs' claims against Defendant have been resolved in full without compromise, with the attorney's fees negotiated separately from the resolution of Plaintiffs' claims. (Doc. 23). 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). Moreover, 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. 23).
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 close this file.
DONE and ORDERED in Fort Myers, Florida this 6th day of February, 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record