Clark v. Chicago Bridge & Iron Company et al

Filing 15

ORDER granting the 14 Stipulation of Dismissal filed by Chicago Bridge & Iron Company (Delaware), WECTEC Contractors Inc., Chicago Bridge & Iron Company, Westinghouse Electric Company LLC. They shall be DISMISSED WITHOUT PREJUDICE. Signed by Judge J. Randal Hall on 8/15/16. (cmr)

IN THE UNITED
FOR THE

STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

u -Ln n j.

v^j_i.ni\r\. ,
•

Plaintiff,

*
*

*

v.

*

WECTEC CONTRACTORS,

CV

116-083

*

INC. ,

et al.,
*

Defendants.

ORDER

Plaintiff initiated this action in May 2016 in the Superior

Court

of

violated

Burke
the

County,

Fair

Georgia

Labor

and

Standards

alleges

removed to this Court on June 16, 2016.

Defendants

("FLSA").

Act

that

Defendants

(Doc.

1.)

The parties

that have appeared have now filed a stipulation of dismissal

without prejudice with respect to certain Defendants.1

(Doc.

14.)

According
Contractors,
to

to

Inc.

Plaintiff's

the

parties'

stipulation,

Defendant

WECTEC

is the proper employer-defendant with respect

FLSA

dismiss

Chicago

Company

(Delaware),

claims.

Bridge

& Iron

The

parties,

Company,

therefore,

Chicago

Bridge

wish

to

& Iron

and Westinghouse Electric Company, LLC from

1
Defendant Fluor Corporation has not appeared.
According to the
parties' stipulation, this Defendant has not yet been served.

this case without prejudice.
FLSA actions
Inc.

v. U.S.

(11th Cir.

without
exrel.

1982).

prejudice without
N.

Broward Hosp.

2009)

("If

the

court
U.S.

Typically, parties may not dismiss
approval.

Dist.,

609

F.

Supp.

sought

would

by

agree

that

necessary,

since Plaintiff would not be

1353-54

1319,

the

the

Stores,

approval.

2d

prejudice,

Lynn's

dismiss claims without

obtaining court

dismissal

Court

however,

Food

679 F.2d 1350,

Dep't of Labor,

Parties may,

first

See

See

1321

parties

approval

Perez v.

(S.D.

were

would

Fla.

without

not

be

foreclosing her ability

to vindicate any FLSA claim she may have by refiling at a later

time.").
Procedure

Company,

Accordingly,

pursuant

41(a) (1) (A) (ii),

Chicago

Westinghouse

Bridge

Electric

to

Defendants

&

Company,

Iron
LLC

Federal

Rule

Chicago

Bridge

Company
shall

be

of

Civil
&

Iron

(Delaware),

and

DISMISSED

WITHOUT

PREJUDICE.

ORDER ENTERED at Augusta, Georgia this /Sj^day of August,
2016.

hon®rab"p j. randal hall
united States district judge
& district of georgia