ROMEO
v.
UNIVERSAL PROTECTION SERVICE LLC
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In a Fair Labor Standards Act case, the court approved a stipulation of dismissal with prejudice filed by all parties. The court held that FLSA claims are not exempt from Federal Rule of Civil Procedure 41, which permits voluntary dismissal by stipulation.
FLSA claims are not exempt from Rule 41, and parties may dismiss an FLSA case in its entirety by joint stipulation for dismissal with prejudice without further court action.
“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, as here. The dismissal is effective on filing and requires no further action by the court.”
Establishes the basic rule allowing voluntary dismissal by stipulation in FLSA cases.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe parties in this FLSA case filed a joint Stipulation of Dismissal with Prejudice. All parties who appeared signed the stipulation.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Voluntary Dismissal Of Action cases and more on FLexlaw
The parties have filed a 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, as here. 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). [fn 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 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); 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, with each party to bear their own fees and costs, deny all pending motions, terminate all scheduled events, and close the case.
ORDERED in Fort Myers, Florida on September 10, 2025.
Kyle C. Dudek United States Magistrate Judge
[fn 1]: Unless otherwise indicated, all internal quotation marks, citations, and alterations have been omitted in this and later citations.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012)
- Vasconcelo v. Miami Auto Max, Inc., 981 F.3d 934 (11th Cir. 2020)