CHIVERS
v.
FLORIDA WINDOW GEEKS LLC
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In this FLSA wage-and-hour case, the plaintiff and defendants filed a joint stipulation of dismissal with prejudice. The court held that FLSA claims are not exempt from Federal Rule of Civil Procedure 41, which permits parties to voluntarily dismiss an action by stipulation, and accordingly dismissed the case with prejudice.
FLSA claims are not exempt from Rule 41, and the Federal Rules of Civil Procedure apply to FLSA actions no less than to any other case. Accordingly, the parties' joint stipulation of dismissal with prejudice is effective upon filing and requires no further court action.
“the Federal Rules of Civil Procedure apply 'in actions brought under the Fair Labor Standards Act no less than in any other case.'”
Establishes the core holding that FLSA claims are subject to Rule 41 like any other civil action
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Join FLexlaw to unlock all legal intelligenceChivers filed a Fair Labor Standards Act action against Florida Window Geeks LLC and Joseph Leloup. The parties subsequently agreed to settle and file…
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In this Fair Labor Standards Act case, the parties have filed a Joint Stipulation of Dismissal with Prejudice. (Doc. 28). 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. 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).
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, 461-462 (M.D. Fla. 2020) (holding parties may terminate an FLSA case by filing either a Rule 41 stipulation of dismissal with prejudice or a Rule 68(a) notice of acceptance of an offer of judgment "and the district court is immediately powerless to interfere"); Dicomo v. KJIMS Dev. Co., Inc., No. 2:16-cv-327-FtM-99CM, 2016 WL 6678420, *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. Each party shall bear its own fees and costs. The clerk is directed to deny all pending motions, terminate all scheduled events, and close the case.
ORDERED on July 18, 2025
NICHOLAS P. MIZELL United States Magistrate Judge
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Arredondo v. Johnson's Tree Serv. & Stump Grinding, Inc. (M.D. Fla. 2024)…vil Procedure apply "in actions brought under the Fair Labor Standards Act no less than in any other case." ---PAGE 1--- 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, 461-462 (M.D. Fla. 2020) (holding parties may terminate an FLSA case by filing either a Rule 41 stipulation of dismissal with prejudice or a Rule 68(a) notice of acceptance of an offer of judgment "and the district court is immediately powerless to…1 / 3
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Amaya v. Morca Constr. Servs., Inc. (M.D. Fla. 2024)…t no less than in any other case." ---PAGE 2--- Case 2:23-cv-00673-NPM Document 40 Filed 07/18/24 Page 2 of 2 PageID 115 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, 461-462 (M.D. Fla. 2020) (holding parties may terminate an FLSA case by filing either a Rule 41 stipulation of dismissal with prejudice or a Rule 68(a) notice of acceptance of an offer of judgment "and the district court is immediately powerless to…1 / 3
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Ramirez v. TD Dans Corp. (S.D. Fla. 2024)…e district court may enter a stipulated judgment after scrutinizing the settlement for fairness” (emphasis added; citing Schulte, Inc. v. Gangi, 328 U.S. 108, 113 n.8, (1946); other citation omitted)); Casso-Lopez v. Beach Time Rental Suncoast, LLC, 335 F.R.D. 458, 461 (M.D. Fla. 2020) (“An effective and enforceable compromise and settlement requires in every instance either supervision by the Department of Labor or court approval."). With respect to settlement agreements, this approval requirement exists to…
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)