Opinion
Case No: 2:17-cv-294-FtM-38MRM
07-06-2017
JOSE PAVON, Plaintiff, v. SLIDER MAN LLC, Defendant.
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This matter comes before the Court on the parties' Notice of Settlement (Doc. 8) and Joint Stipulation of Dismissal With Prejudice (Doc. 9). Less than two months ago, Jose Pavon filed this case to recover overtime wages under the Fair Labor Standards Act, 29 U.S.C. § 207. (Doc. 1). The parties have now resolved Pavon's claims in full without compromise, and they request dismissal of this case with prejudice. (Doc. 8; Doc. 9). Because the parties have resolved this case without compromise, 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); 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)). The parties have also separately resolved the matter of attorney's fees and cost.
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 have signed the Stipulation for Dismissal. (Doc. 9). The Court thus dismisses this case with prejudice.
Accordingly, it is now
ORDERED:
(1) The Joint Stipulation of Dismissal With Prejudice (Doc. 9) is GRANTED. The Court dismisses with prejudice the above-captioned case.
(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 6th day of July 2017.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record