Opinion
Case No. 6:14-cv-792-Orl-37GJK
07-15-2015
JUAN TORRES, Plaintiff, v. EFRAIN TORRES, SR.; and J. RIOS ENTERPRISES, INC., Defendant.
ORDER
This matter is before the Court on the parties' Joint Motion to Dismiss Without Prejudice (Doc. 27), filed July 14, 2015.
In a prior Order, the Court denied the parties' first Joint Motion to Dismiss this FLSA action (Doc. 25), and it granted the parties leave to seek dismissal of Plaintiff's claims without prejudice (Doc. 26, p. 6 ("Prior Order")). The parties sought such relief in a new Joint Motion to Dismiss, which they filed on July 14, 2015. (See Doc. 27 ("Joint Motion").) In view of the parties' plain intention to resolve this action by dismissal without prejudice, and the fact that all the parties who have appeared in this action have signed the Joint Motion through counsel, the Court will construe the new Joint Motion as an effective stipulation of dismissal without prejudice pursuant to Rule 41(a)(1)(A)(ii). The Court again reminds the parties that any settlement they may have entered concerning Plaintiff's FLSA claims is unenforceable because the Court has not conducted a fairness review in accordance with Lynn's Food.
In the Prior Order, the Court noted that Federal Rule of Civil Procedure 41(a)(2) provides no avenue to avoid the fairness review that is required by Lynn's Food Stores, Inc. v. U.S. Department of Labor, 679 F.2d 1350 (11th Cir. 1982). (See Doc. 26, p. 4.) Thus, to the extent the new Joint Motion is premised on Rule 41(a)(2), it is due to be denied. --------
CONCLUSION
It is hereby ORDERED AND ADJUDGED that:
1. The Joint Motion to Dismiss Without Prejudice (Doc. 25) is GRANTED IN PART AND DENIED IN PART.
a. The Joint Motion (Doc. 27) is GRANTED in accordance with Rule 41(a)(1)(A)(ii).
b. The Joint Motion (Doc. 27) is DENIED to the extent it seeks dismissal pursuant to Rule 41(a)(2).
DONE AND ORDERED in Chambers in Orlando, Florida, on July 15, 2015.
2. This action is DISMISSED WITHOUT PREJUDICE, and the Clerk of the Court is DIRECTED to cancel all pending deadlines and CLOSE this file.
/s/_________
ROY B. DALTON JR.
United States District Judge
Copies: Counsel of Record