Tinoco v. Jasmine W TIC LLC

Filing 17

ORDER dismissing case re 16 the Joint Notice. Plaintiff's First Amended Complaint 6 is hereby DISMISSED with prejudice. The Clerk of Court is directed to close the case, terminate any pending motions and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 4/17/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DOUGLAS TINOCO, an individual
Plaintiff,
v.

Case No: 2:14-cv-72-FtM-38DNF

JASMINE W TIC LLC,
Defendant.
/
ORDER1
This matter comes before the Court on the Parties’ Joint Notice (Doc. #16) filed on
April 17, 2014. This matter was brought pursuant to the Fair Labor Standards Act for
recovery of overtime compensation. The Parties indicate Defendant has paid Plaintiff his
request in full and without compromise. Accordingly, 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); King v. My Online Neighborhood, Inc., No. 6:06-cv-435-Orl-22JGG, 2007
WL 737575, at *3 (M.D. Fla. Mar. 7, 2007) (“Where the employer offers the plaintiff full
compensation on his FLSA claim, no compromise is involved and judicial approval is not
required.”) (citation omitted).
Also, 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:

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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).
In this instance, the Parties stipulate to dismiss this matter with prejudice. The
notice is signed by all parties who have appeared in this matter. Therefore, the case is
due to be dismissed with prejudice.
Accordingly, it is now ORDERED:
Plaintiff’s First Amended Complaint (Doc. #6) is hereby DISMISSED with
prejudice. The Clerk of Court is directed to close the case, terminate any pending
motions and enter judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 17th day of April, 2014.

Copies: All Parties of Record

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