Day v. Ronny S. Taschner, D.D.S., P.A. et al

Filing 27

ORDER dismissing case re 26 Stipulation of Dismissal. The Plaintiff, Samantha Day and the Defendant, Ronny S. Taschner, DDS' Joint Stipulation for Dismissal with Prejudice 26 is GRANTED. The case is hereby DISMISSED with prejudice. The Clerk of the Court is directed to enter judgment accordingly, terminate all pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 12/19/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SAMANTHA DAY,
Plaintiff,
v.

Case No: 2:13-cv-676-FtM-38DNF

RONNY S. TASCHNER, D.D.S., P.A.
and RONNY TASCHNER,
Defendants.
/
ORDER1
This matter comes before the Court on The Plaintiff, Samantha Day and the
Defendant, Ronny S. Taschner, DDS' Joint Stipulation for Dismissal with Prejudice (Doc.
#26) filed on December 17, 2013. Federal Rule of Civil Procedure 41(a)(1)(A), allows a
plaintiff to dismiss a case without a court order. The Rule reads in pertinent part:
Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal
statute, the plaintiff may dismiss an action without a court order 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.
Fed. R. Civ. P. 41(a)(1)(A).

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In this instance, the Plaintiff informs the Court that her FLSA claim has been
resolved in full and without compromise. Thus, pursuant to Lynn’s Food Stores Inc. v.
United States, 679 F. 2d 1350 (11th Cir. 1982) no judicial review is required with regard
to the settlement and the case is due to be dismissed with prejudice.
Accordingly, it is now
ORDERED:
The Plaintiff, Samantha Day and the Defendant, Ronny S. Taschner, DDS' Joint
Stipulation for Dismissal with Prejudice (Doc. #26) is GRANTED. The case is hereby
DISMISSED with prejudice.

The Clerk of the Court is directed to enter judgment

accordingly, terminate all pending motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 19th day of December, 2013.

Copies: All Parties of Record

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