Thornton v. Azure At Bonita Bay Condominium Association, Inc.

Filing 9

ORDER dismissing case re 7 Stipulation of Dismissal, 6 Notice of settlement. Plaintiff Gary Thornton and Defendant Azure at Bonita Bay Condominium Association, Inc.'s Joint Stipulation for Dismissal With Prejudice. The Court dismisses with prejudice the Complaint (Doc. #1). The Clerk of Court is DIRECTED to enter judgment accordingly, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 2/20/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

GARY THORNTON,
Plaintiff,
v.

Case No: 2:15-cv-47-FtM-38CM

AZURE AT BONITA BAY
CONDOMINIUM ASSOCIATION,
INC., a Florida Profit Corporation,
Defendant.
/
ORDER1
This matter is before the Court on Plaintiff Gary Thornton and Defendant Azure at
Bonita Bay Condominium Association, Inc.'s Joint Notice to Court Regarding FLSA
Settlement (Doc. #6) and Joint Stipulation for Dismissal With Prejudice (Doc. #7) filed on
February 18, 2015.
Plaintiff brought this action under the Fair Labor Standards Act for recovery of
unpaid overtime compensation, liquated damages, and attorneys' fees and costs. (Doc.
#1 at ¶ 26). The parties now inform the Court that Plaintiff's claim against Defendant has
been resolved in full without compromise. (Doc. #6). The Court thus does not need to
approve the settlement for fairness. See Lynn's Food Stores, Inc. v. U.S. Dep't of Labor,

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679 F.2d 1350, 1352 (11th Cir. 1982); King v. My Online Neighborhood, Inc., No. 6:06cv-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)).
Moreover, Rule 41 of the Federal Rules of Civil Procedure allows a plaintiff to
dismiss an action without a court order by "a stipulation of dismissal signed by all parties
who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). To that end, the parties dismiss this
case with prejudice under Rule 41(a)(1)(A)(ii); and both parties have signed the
Stipulation for Dismissal (Doc. #7).

The Court, therefore, dismisses the case with

prejudice.
Accordingly, it is now
ORDERED:
1. Plaintiff Gary Thornton and Defendant Azure at Bonita Bay Condominium
Association, Inc.'s Joint Stipulation for Dismissal With Prejudice (Doc. #7) is
GRANTED. The Court dismisses with prejudice the Complaint (Doc. #1).
2. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate all
pending motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 20th day of February, 2015.

Copies: All Parties of Record

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