Amaya v. Dental Crown in an Hour-Bonita Springs, P.A. et al

Filing 29

ORDER dismissing case. 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. Signed by Magistrate Judge Kyle C. Dudek on 3/7/2025. (CGW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RICARDO AMAYA,
Plaintiff,
Case No. 2:24-CV-1154-KCD

v.
DENTAL CROWN IN AN HOURBONITA SPRINGS, P.A., DENTAL
CROWN IN AN HOUR-FORT
MYERS, P.A., MARCELO W.
MATTSCHEI, INDIVIDUALLY;
Defendants,
/

ORDER
The parties have filed a Joint Stipulation of Dismissal with Prejudice in
this Fair Labor Standards Act case. (Doc. 27.) 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 “in actions brought under the Fair Labor Standards Act no less than in
1 Unless otherwise indicated, all internal quotation marks, citations, and alterations have

been omitted in this and later citations.

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, 461-62 (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, at *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. 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 March 7, 2025.

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