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)

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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. 1 Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their websites. Likewise, the Court has no agreements with any of these third parties or their websites. The Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court. 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 2

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