Opinion
Case No: 2:15-cv-330-FtM-38MRM
10-14-2015
JOSEPH LOVELAND, Plaintiff, v. APPLIANCE SERVICES OF LEE COUNTY, INC., SAMUEL A. JOINER and KIMBERLEY JOINER, Defendants.
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Plaintiff brought this action under the Fair Labor Standards Act for unpaid overtime wage compensation, liquated damages, attorneys' fees, and costs. (Doc. #1). The parties now inform the Court that Plaintiff's claim against Defendants has been resolved in full without compromise. (Doc. #19). That said, 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); 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." (citation omitted)).
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 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. #19). This case is therefore dismissed with prejudice.
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 14th day of October, 2015.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record