Earp v. Eucalyptus Real Estate LLC et al

Filing 18

ORDER that Plaintiff is authorized to file a Second Amended Complaint within 7 days re 17 Notice of Voluntary Dismissal filed by Darla Earp. Signed by Honorable Timothy D. DeGiusti on 10/2/2015. (mb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
DARLA EARP,

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Plaintiff,
vs.
EUCALYPTUS REAL ESTATE, LLC,
DOVER GROUP, LLC, et al.,
Defendants.

Case No. CIV-14-1195-D

ORDER
Upon consideration of Plaintiff’s Notice of Dismissal of FLSA Representative Action
Without Prejudice [Doc. No. 17], the Court finds that the Notice is ineffectual to accomplish
a voluntary dismissal of Plaintiff’s action on behalf of similarly situated employees under the
Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., because Defendants have already
served answers to the Complaint. See Fed. R. Civ. P. 41(a)(1)(A)(i). The Court further finds
that Plaintiff’s inadvertent error in filing her First Amended Complaint (see Notice, n.1)
should be corrected by granting Plaintiff an additional opportunity to amend her pleading,
as permitted by the Order of September 16, 2015.
IT IS THEREFORE ORDERED that Plaintiff is authorized to file, within 7 days from
the date of this Order, a Second Amended Complaint that omits all allegations and references
to a representative action under the FLSA.
IT IS SO ORDERED this 2nd day of October, 2015.