Opinion
Case No: 2:14-cv-697-FtM-38DNF
04-14-2015
ANGEL RAMOS, Plaintiff, v. CLEVELAND ALVIN BLOCKER, SR. and CAROLYN BLOCKER, Defendants.
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This matter comes before the Court on Plaintiff Angel Ramos and Defendants Cleveland Alvin Blocker, Sr. and Carolyn Blocker's Stipulation of Dismissal With Prejudice (Doc. #12) filed on April 10, 2015.
Plaintiff brought this action against Defendants under the Fair Labor Standards Act, 29 U.S.C. § 201 et. seq., to recovery unpaid overtime compensation. (Doc. #1 at ¶¶ 1, 15-26). The parties now inform the Court that Plaintiff's claim against Defendants have been resolved in full without compromise. (Doc. #12). The Court thus does not need to 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)).
Moreover, 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). To that end, the parties dismiss this case with prejudice under Rule 41(a)(1)(A)(ii); and both parties have signed the Stipulation for Dismissal. (Doc. #12). The Court, therefore, dismisses the case with prejudice.
Accordingly, it is now
ORDERED:
(1) Plaintiff Angel Ramos and Defendants Cleveland Alvin Blocker, Sr. and Carolyn Blocker's Stipulation of Dismissal With Prejudice (Doc. #12) is GRANTED.
(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 April, 2015.
/s/_________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record