Munoz Dita v. Danay Services LLC et al

Filing 37

ORDER: The parties stipulate to dismissing this case with prejudice (Doc. 34). Accordingly, this action is dismissed with prejudice, with each party to bear its own attorney's fees and costs, unless otherwise agreed. The clerk is directed to deny all pending motions, terminate all scheduled events, and close the file.Signed by Magistrate Judge Nicholas P. Mizell on 8/28/2024. (RCD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROGELIO MUNOZ DITA,
Plaintiff,
v.

2:24-cv-266-NPM

DAYNAY SERVICES, LLC, and
NAYMI RODRIGUEZ AVILA,
Defendants.
ORDER
In this Fair Labor Standards Act case, the parties have filed a Joint Stipulation
of Dismissal with Prejudice. (Doc. 34). Federal Rule of Civil Procedure
41(a)(1)(A)(ii) allows a plaintiff to dismiss an action voluntarily if a stipulation of
dismissal is signed by all parties who have appeared. The dismissal is effective on
filing and requires no further action by the Court. See Anago Franchising, Inc. v.
Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012).
The text of the FLSA does not provide, and no Eleventh Circuit decision has
ever held, that FLSA claims are exempt from Rule 41. To the contrary, the Eleventh
Circuit has reasoned that the Federal Rules of Civil Procedure apply “in actions
brought under the Fair Labor Standards Act no less than in any other case.”
Vasconcelo v. Miami Auto Max, Inc., 981 F.3d 934, 942 (11th Cir. 2020); see also
Casso-Lopez v. Beach Time Rental Suncoast, LLC, 335 F.R.D. 458, 461-462 (M.D.

Fla. 2020) (holding parties may terminate an FLSA case by filing either a Rule 41
stipulation of dismissal with prejudice or a Rule 68(a) notice of acceptance of an
offer of judgment “and the district court is immediately powerless to interfere”);
Dicomo v. KJIMS Dev. Co., Inc., No. 2:16-cv-327-FtM-99CM, 2016 WL 6678420,
*1 (M.D. Fla. Nov. 14, 2016) (“[T]he parties may dismiss [an FLSA] case in its
entirety pursuant to the Joint Stipulation for Dismissal With Prejudice without
further action from the Court as it is unconditional and self-executing.”).
Accordingly, this action is dismissed with prejudice. Each party shall bear its
own fees and costs, unless otherwise agreed. The clerk is directed to deny all pending
motions, terminate all scheduled events, and close the case.
ORDERED on August 28, 2024.

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