Pavon v. Slider Man LLC,

Filing 11

ORDER dismissing case re 9 Stipulation of Dismissal.The Joint Stipulation of Dismissal With Prejudice 9 is GRANTED. The Court dismisses with prejudice the above-captioned case. 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 7/6/2017. (LMF)

Case 2:17-cv-00294-SPC-MRM Document 11 Filed 07/06/17 Page 1 of 2 PageID 37

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOSE PAVON,
Plaintiff,
v.

Case No: 2:17-cv-294-FtM-38MRM

SLIDER MAN LLC,
Defendant.
/
ORDER1
This matter comes before the Court on the parties’ Notice of Settlement (Doc. 8)
and Joint Stipulation of Dismissal With Prejudice (Doc. 9). Less than two months ago,
Jose Pavon filed this case to recover overtime wages under the Fair Labor Standards
Act, 29 U.S.C. § 207. (Doc. 1). The parties have now resolved Pavon’s claims in full
without compromise, and they request dismissal of this case with prejudice. (Doc. 8; Doc.
9). Because the parties have resolved this case without compromise, 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); King v. My Online Neighborhood,
Inc., No. 6:06-cv-435-Orl-22JGG, 2007 WL 737575, at *3 (M.D. Fla. Mar. 7, 2007)
(“Where the employer offers the plaintiff full compensation on his FLSA claim, no

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Case 2:17-cv-00294-SPC-MRM Document 11 Filed 07/06/17 Page 2 of 2 PageID 38

compromise is involved and judicial approval is not required.” (citation omitted)). The
parties have also separately resolved the matter of attorney’s fees and cost.
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 dismiss this case
with prejudice under Rule 41(a)(1)(A)(ii) and have signed the Stipulation for Dismissal.
(Doc. 9). The Court thus dismisses this case with prejudice.
Accordingly, it is now
ORDERED:
(1) The Joint Stipulation of Dismissal With Prejudice (Doc. 9) is GRANTED. The
Court dismisses with prejudice the above-captioned case.
(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 6th day of July 2017.

Copies: All Parties of Record

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