Vilchez v. 3F Management, LLC

Filing 28

ORDER re 27 Stipulation of Dismissal filed by 3F Management, LLC. The Joint Stipulation for Dismissal with Prejudice 27 is GRANTED. Signed by Judge Sheri Polster Chappell on 7/31/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
BAYARDO VILCHEZ,
Plaintiff,
v.

Case No: 2:16-cv-652-FtM-38CM

3F MANAGEMENT, LLC,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on Joint Stipulation for Dismissal with
Prejudice (Doc. 27) filed on July 28, 2017.
Plaintiff sued on August 25, 2016 to recover compensation allegedly owed to him
under the Fair Labor Standards Act (“FLSA”). (Doc. 1). On October 27, 2016, Defendant
filed its Answer and Affirmative Defenses. (Doc. 11). The parties now inform the court
they have settled Plaintiff’s claims in full without compromise. This being the case, the
Court 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); see also 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.”).
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). Here, the parties agree dismiss this
case with prejudice under Rule 41(a)(1)(A)(ii) and have signed the Stipulation for
Dismissal (Doc. 27). The Court thus dismisses this case with prejudice.
Accordingly, it is now
ORDERED:
Joint Stipulation for Dismissal with Prejudice (Doc. 27) is GRANTED.
DONE and ORDERED in Fort Myers, Florida this 31st day of July, 2017.

Copies: All Parties of Record

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