Ciolli v. Crown Bath Corp.

Filing 12

ORDER dismissing case re 11 Stipulation of Dismissal. The Plaintiff, Anthony Ciolli and the Defendant, Crown Bath Corporation's Joint Dismissal with Prejudice 11 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 deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 7/1/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ANTHONY CIOLLI,
Plaintiff,
v.

Case No: 2:15-cv-276-FtM-38DNF

CROWN BATH CORP.,
Defendant.
/
ORDER 1
This matter comes before the Court on the Plaintiff, Anthony Ciolli, and the
Defendant, Crown Bath Corporation's Joint Dismissal with Prejudice (Doc. #11) filed on
June 26, 2015. 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).
In this instance, the Plaintiff informs the Court that the case filed under the Fair
Labor Standards Act (FLSA) 29 U.S.C. § 201 et seq. has been settled and the Parties

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have agreed to the payment of attorney’s fees and costs in compliance with Bonetti v
Embarq Mgmt. Co., 715 F. Supp. 2d 1222 (M.D. Fla. 2009).
Generally when a claim under the FLSA is settled, the Court must review the
settlement agreement to ensure that it is fair and reasonable. Lynn’s Food Stores, Inc. v.
United States, 679 F.2d 1350, 1352-1355 (11th Cir. 1982), However, in this instance,
Plaintiff represents to the Court that his FLSA claim has been settled in full without
compromise.

As the parties agree that Plaintiff has obtained full relief under this

agreement, there is no compromise to review, therefore, the settlement is per se fair and
reasonable. Stevenson v. RBC Bank USA, Inc., 2011 WL 4412155, *2 (M.D. Fla. August
19, 2011). The Court will dismiss the FLSA Complaint with prejudice without the need to
review the settlement for fairness.
Accordingly it is hereby
ORDERED:
The Plaintiff, Anthony Ciolli and the Defendant, Crown Bath Corporation's Joint
Dismissal with Prejudice (Doc. #11) 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 deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 1st day of July, 2015.

Copies: All Parties of Record

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