Hurley v. Rogers et al
Order granting leave for plaintiff to supplement 12 Notice of Voluntary Dismissal filed by Jennifer Hurley explaining basis of dismissal. ( Miscellaneous deadline set for 10/30/2012.). Signed by Judge Kristi K. DuBose on 10/23/2012. (cmj)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
HAROLD ROGERS, et al.,
CIVIL ACTION NO. 12-00563-KD-M
This action is before the Court on Plaintiff’s Rule 41(a) Notice of Voluntary Dismissal
Without Prejudice (Doc. 12) wherein the Plaintiff endeavors to voluntarily dismiss her FLSA
Complaint against the Defendants without prejudice.1
In the Complaint, Plaintiff asserts one (1) claim for relief: Count One for “FLSA
Overtime” pursuant to the Fair Labor Standards Act contending that the Defendants failed and
refused to compensate her for the overtime hours worked in excess of 40 hours per week as
required under the FLSA. (Doc. 1). Thus, this case is governed by the Fair Labor Standards
Act. In this circuit, the “FLSA provisions are mandatory” and “the ‘provisions are not subject to
negotiation or bargaining between employer and employee.’” Silva v. Miller, 307 Fed. Appx.
349, 351 (11th Cir. 2009) (quoting Lynn's Food Stores, Inc. v. U.S. ex rel. U.S. Dept. of Labor,
679 F.2d 1350, 1352 (11th Cir. 1982)). “Only two ways exist for the settlement or compromise
of an employee FLSA claim: one is where an employee accepts payment supervised by the
Secretary of Labor, [ ] the other is pursuant to ‘a stipulated judgment entered by a court which
has determined that a settlement proposed by an employer and employees, in a suit brought by
Rule 41 of the Federal Rules of Civil Procedure governs dismissals of actions and Rule 41(a)(1)(A)(i)
governs voluntary dismissals by the plaintiff without a court order before a defendant answers or moves
for summary judgment (as is the case here as defendants have only filed a motion to dismiss).
the employees under the FLSA, is a fair and reasonable resolution of a bona fide dispute over
FLSA provisions.’” Silva, 307 Fed. Appx. at 351.
Plaintiff did not inform the Court as to why she stipulates to the dismissal of her case
against the Defendants. Therefore, the Court is without sufficient information to ascertain
whether there has been a settlement or compromise of Plaintiff’s FLSA claim against the
Defendants, or whether the stipulation is based on some other grounds. Accordingly, because
this is an FLSA case, the Notice of Voluntary Dismissal can not be granted at this time.
However, Plaintiff is GRANTED LEAVE to file a Supplement to the Notice of
Voluntary Dismissal, on or before October 30, 2012, explaining whether the dismissal is based
on a settlement or compromise of her claims, or on some other grounds, at which time the Court
will take the Notice of Voluntary Dismissal (as Supplemented) under submission.
DONE and ORDERED this 23rd day of October 2012.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
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