Ramirez v. HB Marble & Granite, LLC et al

Filing 24

OPINION AND ORDER. The parties shall jointly advise the Court, in writing, on or before March 10, 2017, as to how they wish to proceed with this case. Failure to respond may result in the Court administratively closing this case based on the parties' successful mediation. Signed by Judge Sheri Polster Chappell on 3/6/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
WILBER RAMIREZ, on behalf of himself
and others similarly situated
Plaintiff,
v.

Case No: 2:16-cv-638-FtM-99CM

HB MARBLE & GRANITE, LLC and
VALDINEI DESOUZA,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on the parties’ Joint Status Report (Doc. 22)
filed on February 22, 2017. Around mid-January, the parties notified the Court of a
settlement and advised that dismissal pleadings would be filed “as soon as practicable.”
(Doc. 20). After a month’s delay, the Court instructed parties to either file dismissal
pleadings or otherwise advise the Court as to the status of settlement. (Doc. 21). In
response, the parties filed a Joint Status Report and attached a copy of the Settlement
Agreement. (Doc. 22); Doc. 23-1). The parties request the Court refrain from entering a
final order of dismissal with prejudice until completion of settlement payment. (Doc. 22 at

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1). The Court denies that request because they in effect are asking the Court to retain
jurisdiction over their settlement agreement.
At this juncture, the parties face two options in light of their settlement. They may
opt to file a stipulated voluntary dismissal under Rule 41 of the Federal Rules of Civil
Procedure. Alternatively, the parties may opt to have this case administratively closed
pursuant to M.D. Fla. R. 3.08(b).
Accordingly, it is now
ORDERED:
The parties shall jointly advise the Court, in writing, on or before March 10, 2017,
as to how they wish to proceed with this case. Failure to respond may result in the
Court administratively closing this case based on the parties’ successful
mediation.
DONE and ORDERED in Fort Myers, Florida this 6th day of March, 2017.

Copies: All Parties of Record

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