Opinion
Case No: 2:14-cv-247-FtM-38CM
02-26-2015
MARC SCALISE, on behalf of himself and others similarly situated, Plaintiff, v. BB&B MANAGEMENT CONSULTANTS, INC., a Florida Profit Corporation, L D MANAGEMENT, INC., a Florida Profit Corporation, MACKIE-GLO, INC., a Florida Profit Corporation, LLOYD LATHROP, individually, and KRISTINA R. STEWART, individually, Defendant.
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This matter is before the Court on Plaintiff Marc Scalise and Defendants BB&B Management Consultants, Inc., L D Management, Inc., Mackie-Glo, Inc., Lloyd Lathrop, and Kristina R. Stewart's Stipulation of Dismissal With Prejudice (Doc. #42) filed on February 25, 2015.
Plaintiff brought this action under the Fair Labor Standards Act and Article X, Section 24 of the Florida Constitution for unpaid minimum wage compensation, liquated damages, attorneys' fees, and costs. (Doc. #32 at ¶ 1). The parties now inform the Court that Plaintiff's claims against Defendants have been resolved in full without compromise. (Doc. #39; Doc. #42). The Court thus does not need 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). To that end, the parties dismiss this case with prejudice under Rule 41(a)(1)(A)(ii); and both parties have signed the Stipulation of Dismissal (Doc. #42). The Court, therefore, dismisses the case with prejudice.
Accordingly, it is now
ORDERED:
1. Plaintiff Marc Scalise and Defendants BB&B Management Consultants, Inc., L D Management, Inc., Mackie-Glo, Inc., Lloyd Lathrop, and Kristina R. Stewart's Stipulation of Dismissal With Prejudice (Doc. #42) is GRANTED. The Court dismisses with prejudice the Amended Complaint (Doc. #32).
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 26th day of February, 2015.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record