Fletcher v. KGH, LLC

Filing 19

ORDER dismissing case re 18 Notice of voluntary dismissal.This matter is DISMISSED without prejudice. The Clerk is directed to CLOSE the case, terminate any pending motions and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 3/18/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KATHY FLETCHER,
Plaintiff,
v.

Case No: 2:13-cv-650-FtM-38CM

KGH, LLC,
Defendant.
/
ORDER1
This matter comes before the Court on Plaintiff’s Notice of Voluntary Dismissal
(Doc. #18) filed on February 19, 2014. On September 10, 2013, Plaintiff Kathy Fletcher
filed a Complaint against Defendant KGH, LLC seeking unpaid back wages pursuant to
the Fair Labor Standards Act (hereinafter “FLSA”). (Doc. #1). After Defendant did not
appear in this matter and pursuant to Rule 55(a) of the Federal Rules of Civil Procedure,
a Clerk’s Default was entered on January 14, 2014. (Doc. #12). Thereafter, on January
30, 2014, Plaintiff unilaterally filed a Notice of Settlement. (Doc. #14). Even though
Defendant has not appeared in this matter to date, Plaintiff indicates that the Parties have
reached a settlement that “fully compensates Plaintiff for her claims for wages.” (Doc.
#14). The Court consequently issued an Order explaining why Plaintiff’s notice was
insufficient to move forward with closing this case. (See Doc. #16). Now, Plaintiff has filed

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a voluntary dismissal that simply states, “Now comes Plaintiff, KATHY FLETCHER, by
and through her undersigned counsel, and files this Notice of Voluntary Dismissal with
Prejudice.” (Doc. #18).
Pursuant to the notice of voluntary dismissal and Federal Rule of Civil Procedure
41(a), this FLSA matter will be dismissed but without prejudice. See Appleby v. Hickman
Const., Inc., No. 1:12cv237-SPM/GRJ, 2013 WL 1197758, at *1-2 (N.D. Fla. Mar. 25,
2013) (discussing that voluntary dismissals in FLSA matters are dismissed without
prejudice if the court is unable to scrutinize the settlement for fairness). That is, since the
Court is uncertain whether a compromise was made in this settlement, the Court will not
dismiss this matter with prejudice. Lynn’s Food Stores, Inc. v. U.S. By and Through U.S.
Dept. of Labor, Employment Standards Admin., Wage and Hour Division, 679 F.2d. 1350
(11th Cir. 1982); see also Dees v. Hydradry, Inc., 706 F.Supp.2d 1227, 1240 (M.D. Fla.
2010) (“but if the parties’ proposed ‘full compensation’ agreement includes an additional
term…the notion of ‘full compensation’ becomes illusory and inapplicable.”).
Accordingly, it is
ORDERED:
1. This matter is DISMISSED without prejudice.
2. The Clerk is directed to CLOSE the case, terminate any pending motions and
enter judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 18th day of March, 2014.

Copies: All Parties of Record

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