Grady v. B & W Golf Cars, Inc.

Filing 13

ORDER dismissing case re 12 Notice of voluntary dismissal. This matter is DISMISSED with prejudice pursuant to Plaintiff's Notice of Voluntary Dismissal 12 . The Clerk is directed to enter judgment accordingly, terminate all pending deadlines, and CLOSE the file. Signed by Judge Sheri Polster Chappell on 7/11/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

GARRY GRADY,
Plaintiff,
v.

Case No: 2:13-cv-358-FtM-38DNF

B & W GOLF CARS, INC.,
Defendant.
/
ORDER1
This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal
pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) (Doc. #12) filed on July 9, 2013. Plaintiff files a
notice of dismissal of this action with prejudice as he verifies that this FLSA matter has
settled and he was compensated in full without compromise. 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). Fed. R. Civ. P. 41(a)(1) provides that an action
may be dismissed by the plaintiff without order of the court by filing (i) a notice of
dismissal before the opposing party serves either an answer or a motion for summary
judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared.
Defendants have not filed an answer or a motion for summary judgment. In this case,

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Defendant did not file an answer or a motion for summary judgment. As a result, the
case will be dismissed based upon the notice filed by the Plaintiff.
Accordingly, it is now
ORDERED:
(1) This matter is DISMISSED with prejudice pursuant to Plaintiff’s Notice of
Voluntary Dismissal (Doc. #12).
(2) The Clerk is directed to enter judgment accordingly, terminate all pending
deadlines, and CLOSE the file.
DONE and ORDERED in Fort Myers, Florida this 10th day of July, 2013.

Copies: All Parties of Record

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