CALABRESE
v.
RIB CITY GROUP, LLC
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This is a Fair Labor Standards Act case in which the parties filed a joint stipulation of dismissal with prejudice. The court approved the dismissal, holding that FLSA claims are not exempt from Federal Rule of Civil Procedure 41 and that parties may voluntarily dismiss an FLSA action by stipulation.
The court held that FLSA claims are not exempt from Rule 41 and that parties may dismiss an FLSA action voluntarily by filing a stipulation of dismissal signed by all parties who have appeared. The dismissal is effective upon filing and requires no further action by the court.
[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 subject to the Federal Rules of Civil Procedure, including Rule 41 governing voluntary dismissals.
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“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.”
Establishes the foundational rule allowing voluntary dismissal by joint stipulation
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCalabrese brought a Fair Labor Standards Act action against Rib City Group, LLC. The parties subsequently agreed to settle their dispute and filed a J…
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In this Fair Labor Standards Act case, the parties have filed a Joint Stipulation of Dismissal with Prejudice. (Doc. 31). 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. Except as otherwise agreed to by the parties in writing, 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.
[*2]ORDERED on February 18, 2025.
/s/ Nicholas P. Mizell NICHOLAS P. MIZELL United States Magistrate Judge
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)