Aponte v. Lani Kai Island Resort, Inc.

Filing 34

ORDER dismissing case pursuant to 33 Response and Notice of Settlement. This cause is DISMISSED without prejudice and subject to the right of the Parties within fourteen (14) days of the date of this Order, to submit a stipulated form of final or der or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that fourteen (14) day period, however, without further order, this dismissal shall be deemed with prejudice. The Clerk is directed to terminate any previously scheduled deadlines and pending motions, and administratively close the case pending further Order. Signed by Judge Sheri Polster Chappell on 6/27/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

RAMON APONTE, WILLIAM ARDITI
and MARK S. SAUNDERS, individually
and on behalf of all similarly situated,
Plaintiffs,
v.

Case No: 2:12-cv-688-FtM-38DNF

LANI KAI ISLAND RESORT, INC.,
Defendant.
/
ORDER
This matter comes before the Court on Notice of Settlement (Doc. #33) filed on
June 26, 2013. In this case brought pursuant to the Fair Labor Standards Act, the
Parties indicate that this matter has settled and Plaintiff’s claim was not compromised.
Therefore, no review of the settlement is necessary. Lynn’s Food Stores, Inc. v. United
States Dep’t of Labor, 679 F.2d 1350, 1352 (11th Cir. 1982). The Parties may file a
stipulation of dismissal as the Court finds that no review of the settlement is required.
Accordingly, it is now
ORDERED:
(1) This cause is DISMISSED without prejudice and subject to the right of the
Parties within fourteen (14) days of the date of this Order, to submit a
stipulated form of final order or judgment, or request an extension of time,
should they so choose or for any party to move to reopen the action, upon
good cause being shown.

After that fourteen (14) day period, however,

without further order, this dismissal shall be deemed with prejudice.

(2) The Clerk is directed to terminate any previously scheduled deadlines and
pending motions, and administratively close the case pending further Order.
DONE and ORDERED in Fort Myers, Florida this 27th day of June, 2013.

Copies: All Parties of Record

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