Malcom v. Masquerade of Southwest Florida, Inc.

Filing 11

ORDER re 10 Stipulation of Dismissal filed by Roberta Malcom, Masquerade of Southwest Florida, Inc. Plaintiff Roberta Malcom and Defendant Masquerade of Southwest Florida, Inc.'s Joint Stipulation for Dismissal with Prejudice 10 is GRANTED. The Clerk is DIRECTED to enter judgment accordingly, terminate any pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 8/16/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROBERTA MALCOM, on behalf of
herself and on behalf of all others
similarly situated
Plaintiff,
v.

Case No: 2:17-cv-377-FtM-38MRM

MASQUERADE OF SOUTHWEST
FLORIDA, INC.,
Defendant.
/
ORDER1
This matter comes before the Court on Plaintiff Roberta Malcom and Defendant
Masquerade of Southwest Florida, Inc.’s Joint Stipulation for Dismissal with Prejudice.
(Doc. 10). About six weeks ago, Malcom filed a five-count complaint against Masquerade
for damages under the Fair Labor Standards Act (“FLSA”), Florida Minimum Wage Act,
Internal Revenue Code, and Florida common law. (Doc. 1). The parties now stipulate to
dismissing this case with prejudice and with each side to bear its own attorney’s fees and
costs.

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.

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.
10).

The parties also have resolved the FLSA claims (Counts I and II) without

compromise (id.), meaning 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 compromise is involved and judicial approval is not
required.” (citation omitted)). The Court thus dismisses this case with prejudice.
Accordingly, it is now
ORDERED:
(1) Plaintiff Roberta Malcom and Defendant Masquerade of Southwest Florida,
Inc.’s Joint Stipulation for Dismissal with Prejudice (Doc. 10) is GRANTED.
(2) The Clerk is DIRECTED to enter judgment accordingly, terminate any pending
motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 16th day of August, 2017.

Copies: All Parties of Record

2