Johnson v. Cornerstone Builders of SW Florida, Inc.

Filing 22

ORDER dismissing case with prejudice. The Clerk is directed to enter judgment, deny all pending motions, terminate all scheduled events, and close the case. Signed by Magistrate Judge Kyle C. Dudek on 1/7/2025. (CGW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MICHAEL JOHNSON, for himself
and on behalf of those similarly
situated,
Plaintiff,
v.

Case No.: 2:24-cv-830-KCD

CORNERSTONE BUILDERS OF
SW FLORIDA, INC.,
Defendant.
/
ORDER
The parties have filed a Joint Stipulation of Dismissal with Prejudice in
this Fair Labor Standards Act case. (Doc. 21.) 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).1
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

1 Unless otherwise indicated, all internal quotation marks, citations, and alterations have

been omitted in this and later citations.

“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 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 selfexecuting.”).
Accordingly, this action is dismissed with prejudice. The Clerk is directed
to enter judgment, deny all pending motions, terminate all scheduled events,
and close the case.
ORDERED in Fort Myers, Florida on January 7, 2024.

Copies: All Parties of Record

2