Boles v. Haven Fort Myers, LLC et al

Filing 60

OPINION AND ORDER re: 59 the Joint Notice of Settlement. This case is DISMISSED with prejudice. 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 2/1/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MICHAEL BOLES,
Plaintiff,
v.

Case No: 2:16-cv-650-FtM-38MRM

HAVEN FORT MYERS, LLC,
HAVEN HOSPITALITY CONCEPTS,
LLC, EC SQUARED, LLC, CHUCK
THAKKAR, BRAD COZZA, NILOY
THAKKAR and SOLANI THAKKAR,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on the parties’ Joint Notice of Settlement (Doc.
59), filed on January 29, 2018. Plaintiff brought this action under the Fair Labor Standards
Act for the recovery of unpaid wages and minimum wages. (Doc. 2). The parties now
inform the Court that Plaintiff Michael Boles’ claims against Defendants have been
resolved in full without compromise, with the attorney’s fees negotiated separately from
the resolution of Plaintiff’s claims. (Doc. 59 at ¶ 3). Consequently, there is no need for
the Court to 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).

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In addition, Federal Rule of Civil Procedure 41 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). Here, the parties dismiss this case with
prejudice under Rule 41(a)(1)(A)(ii) and provide the Court with a Joint Stipulation for
Dismissal signed by all parties. (Doc. 59).
Accordingly, it is now
ORDERED:
1. This case is DISMISSED with prejudice.
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 1st day of February, 2018.

Copies: All Parties of Record

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