Opinion
Case No: 2:15-cv-47-FtM-38CM
02-20-2015
GARY THORNTON, Plaintiff, v. AZURE AT BONITA BAY CONDOMINIUM ASSOCIATION, INC., a Florida Profit Corporation, Defendant.
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This matter is before the Court on Plaintiff Gary Thornton and Defendant Azure at Bonita Bay Condominium Association, Inc.'s Joint Notice to Court Regarding FLSA Settlement (Doc. #6) and Joint Stipulation for Dismissal With Prejudice (Doc. #7) filed on February 18, 2015.
Plaintiff brought this action under the Fair Labor Standards Act for recovery of unpaid overtime compensation, liquated damages, and attorneys' fees and costs. (Doc. #1 at ¶ 26). The parties now inform the Court that Plaintiff's claim against Defendant has been resolved in full without compromise. (Doc. #6). 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. #7). The Court, therefore, dismisses the case with prejudice.
Accordingly, it is now
ORDERED:
1. Plaintiff Gary Thornton and Defendant Azure at Bonita Bay Condominium Association, Inc.'s Joint Stipulation for Dismissal With Prejudice (Doc. #7) is GRANTED. The Court dismisses with prejudice the Complaint (Doc. #1).
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 20th day of February, 2015.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record