Disotuar et al v. Fernandez The Bull Midtown, Inc.
ORDER dismissing case re 23 Stipulation of Dismissal. This case is DISMISSED with prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate all pending motions, and close this file. Signed by Judge Sheri Polster Chappell on 2/7/2018. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOSE DISOTUAR and MANUEL
VAZQUEZ, an individual
Case No: 2:17-cv-524-FtM-38MRM
FERNANDEZ THE BULL MIDTOWN,
OPINION AND ORDER1
This matter comes before the Court on the parties’ Joint Stipulation of Dismissal
with Prejudice (Doc. 23) filed on February 5, 2018. Plaintiffs brought this action under the
Fair Labor Standards Act for unpaid minimum wages and unpaid overtime wages. (Doc.
1). The parties now inform the Court that Plaintiffs’ claims against Defendant have been
resolved in full without compromise, with the attorney’s fees negotiated separately from
the resolution of Plaintiffs’ claims. (Doc. 23). Therefore, 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). Moreover, Federal Rule of Civil
Procedure 41 allows a plaintiff to dismiss an action without a court order by “a stipulation
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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. 23).
Accordingly, it is now
1. This case is DISMISSED with prejudice.
2. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate all
pending motions, and close this file.
DONE and ORDERED in Fort Myers, Florida this 6th day of February, 2018.
Copies: All Parties of Record
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