Thompson et al v. Dealership Management Services, Inc. et al

Filing 61

ORDER granting 60 motion to dismiss. Signed by Judge Roy B. Dalton, Jr. on 5/7/2015. (VMF)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION BARRY THOMPSON; ROGER MORERA; and GREGORY RAYMOND, individually and on behalf of others similarly situated, Plaintiffs, v. Case No. 6:14-cv-1592-Orl-37DAB DEALERSHIP MANAGEMENT SERVICES, INC.; TT OF BREVARD, INC. d/b/a TOYOTA OF MELBOURNE; and TT OF MELBOURNE, INC. d/b/a LEXUS OF MELBOURNE, Defendants. ORDER This cause is before the Court on the Plaintiffs’ Motion to Dismiss and Incorporated Memorandum of Law (Doc. 60), filed May 4, 2015. Defendants do not oppose the Motion. Plaintiffs Barry Thompson, Roger Morera, and Gregory Raymond request that the Court dismiss this action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). (Doc. 60.) Plaintiffs affirmatively represent that they “do not seek approval” of their settlement with Defendants because “Plaintiffs did not compromise their claims.” (Id. at 2.) According to Plaintiffs: (1) Defendants tendered unpaid overtime wages and liquidated damages “in amounts in excess of what the Plaintiffs could have recovered had they proceeded to trial;” (2) Plaintiffs’ attorneys’ fees and costs were negotiated separately and had no effect on Plaintiffs’ recovery; and (3) no “side deals” were made. (Id. at 2.) Finally, Plaintiffs represent that they are recovering everything to which they are entitled under the Fair Labor Standards Act at the time they settled with Defendants. (Id.) Based on the foregoing, the Court finds that the Motion is due to be granted; however, the Court expressly notes that the parties’ settlement agreement was not reviewed for fairness in accordance with Lynn’s Food Stores, Inc. v. U.S. ex rel. U.S. Dep’t of Labor, 679 F.2d 1350 (11th Cir. 1982). With that caveat, it is hereby ORDERED AND ADJUDGED that: 1. Plaintiffs’ Motion to Dismiss and Incorporated Memorandum of Law (Doc. 60) is GRANTED. 2. Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs’ claims against the Defendants are DISMISSED WITH PREJUDICE. 3. The Clerk of the Court is DIRECTED to terminate all deadlines and pending motions and CLOSE this case. DONE AND ORDERED in Chambers in Orlando, Florida, on May 7, 2015. Copies: Counsel of Record 2 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?