ALMONTE
v.
EPIC ROOFING AND EXTERIORS LLC
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The District Court approved a Joint Stipulation of Dismissal with Prejudice in an FLSA wage-and-hour case between Almonte and Epic Roofing, finding that FLSA claims are not exempt from Federal Rule of Civil Procedure 41 and may be dismissed by stipulation of all parties.
FLSA claims are not exempt from Rule 41, and the parties may dismiss an FLSA case entirely by filing a Joint Stipulation of Dismissal with Prejudice. The dismissal is effective upon filing and requires no further court action.
[1] A voluntary dismissal of an action under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) is effective upon filing when signed by all parties who have appeared, requiring…
[2] Fair Labor Standards Act claims are not exempt from the application of the Federal Rules of Civil Procedure, including Rule 41.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the Federal Rules of Civil Procedure apply "in actions brought under the Fair Labor Standards Act no less than in any other case."”
Establishes that FLSA claims are not exempt from standard civil procedure rules, including Rule 41 voluntary dismissal.
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Join FLexlaw to unlock all legal intelligenceAlmonte brought a Fair Labor Standards Act case against Epic Roofing and Exteriors LLC. The parties subsequently filed a Joint Stipulation of Dismissa…
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In this Fair Labor Standards Act case, the parties have filed a Joint Stipulation of Dismissal with Prejudice. (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. 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 with each party to bear its own attorneys' fees and costs. The clerk is directed to deny all pending motions, terminate all scheduled events, and close the case.
ORDERED on April 29, 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)…y 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,…1 / 4
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Amaya v. Morca Constr. Servs., Inc. (M.D. Fla. 2024)…y 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,…1 / 4
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)