Duncan v. Pinnacle Wealth Advisors, Inc.

Filing 17

ORDER re 16 Stipulation of Dismissal filed by Kelly Duncan, 15 Notice of settlement filed by Kelly Duncan. Plaintiff Kelly Duncan and Defendant Pinnancle Wealth Advisors, Inc.'s Joint Stipulation for Dismissal With Prejudice 16 is GRANTED. The Court dismisses with prejudice the Complaint 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 12/17/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KELLY DUNCAN,
Plaintiff,
v.

Case No: 2:15-cv-580-FtM-38CM

PINNACLE WEALTH ADVISORS, INC.,
Defendant.
/
ORDER1
This matter comes before the Court on Plaintiff Kelly Duncan and Defendant
Pinnancle Wealth Advisors, Inc.'s Joint Notice to Court Regarding FLSA Settlement (Doc.
#15) and Joint Stipulation for Dismissal With Prejudice (Doc. #16) both filed on December
16, 2015.
Plaintiff brought this action under the Fair Labor Standards Act for unpaid overtime
and minimum wage. (Doc. #1). The parties now inform the Court that Plaintiff's claims
against Defendant have been resolved in full without compromise. (Doc. #15; Doc. #16).
The Court thus need not review and approve the settlement for fairness. See Lynn's Food
Stores, Inc. v. U.S. 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.

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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)).
In addition, 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 of Dismissal (Doc. #16). The Court thus dismisses this case with prejudice.
Accordingly, it is now
ORDERED:
(1) Plaintiff Kelly Duncan and Defendant Pinnancle Wealth Advisors, Inc.'s Joint
Stipulation for Dismissal With Prejudice (Doc. #16) 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 17th day of December, 2015.

Copies: All Parties of Record

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