Crable v. Premier Baths, Inc. et al

Filing 43

ORDER -- The Amended Joint Stipulation for Dismissal with Prejudice (Doc. 42, p. 1) is ACCEPTED. Plaintiff's claims against Defendant Bill Kelly (Doc. 18, 62-81) are DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to terminate Bill Kelly as a party. Signed by Judge Roy B. Dalton, Jr. on 11/20/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CHARLES CRABLE,
Plaintiff,
v.

Case No. 6:16-cv-1825-Orl-37TBS

PREMIER BATHS, INC.; and BILL
KELLY,
Defendants.
_____________________________________
ORDER
Plaintiff initiated this action against Defendants alleging that they violated the Fair
Labor Standards Act (“FLSA”) by: (1) failing to pay minimum and overtime wages; and
(2) wrongfully terminating him. (See Doc. 1.) Thereafter, Plaintiff and Defendant Bill Kelly
(“Mr. Kelly”) filed a joint stipulation of dismissal with prejudice. (Doc. 34 (“Initial
Stipulation”).) Upon review, the Court directed the Clerk to strike the Initial Stipulation
because it: (1) purported to also settle claims against Defendant Premier Baths, Inc., a
non-party to the Initial Stipulation; and (2) did not provide a basis to assess whether
Plaintiff had compromised a viable FLSA claim against Mr. Kelly. (Doc. 35.)
In doing so, the Court advised Plaintiff and Mr. Kelly of several options available
to them under controlling law; one such option was to file a renewed stipulation of
dismissal with prejudice and either: (1) explain how Plaintiff had been fully compensated
for his FLSA claim; or (2) state that the claim is not viable. (Id.) On November 16, 2017,
Plaintiff and Mr. Kelly filed an Amended Joint Stipulation for Dismissal with Prejudice
-1-

under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and appended a settlement
agreement. (Doc. 42, p. 1 (“Amended Stipulation”); id. at 3–16 (“Agreement”).)
In the Agreement, Plaintiff and Mr. Kelly now represent that: (1) they are settling
only the claims against Mr. Kelly; and (2) Plaintiff’s FLSA claim is not viable against
Mr. Kelly because he is not Plaintiff’s employer. 1 (Id. at 10–11.) Based on this
representation, the Court finds that Plaintiff has not compromised a viable FLSA right
against Mr. Kelly. See Dees v. Hydradry, Inc., 706 F. Supp. 2d 1227, 1247 (M.D. Fla. 2010).
Absent a viable FLSA right, the Court need not scrutinize the fairness of any settlement
between Plaintiff and Mr. Kelly. So the Court finds that the Amended Stipulation is due
to be accepted, and the claims against Mr. Kelly are due to be dismissed with prejudice.
Accordingly, it is hereby ORDERED AND ADJUDGED that:
1.

The Amended Joint Stipulation for Dismissal with Prejudice (Doc. 42, p. 1)
is ACCEPTED.

2.

Plaintiff’s claims against Defendant Bill Kelly (Doc. 18, ¶¶ 62–81) are
DISMISSED WITH PREJUDICE.

3.

The Clerk is DIRECTED to terminate Bill Kelly as a party.

DONE AND ORDERED in Chambers in Orlando, Florida, on November 20, 2017.

1 In

an addendum to the Agreement, Plaintiff represents that, through discovery,
he learned that Mr. Kelly did not exert control over his work assignments and was not
responsible for his termination. (Doc. 42, p. 10.) Rather, Mr. Kelly is merely an employee
and “not indebted to [Plaintiff] under the FLSA.” (Id.)
-2-

Copies to:
Counsel of Record

-3-