DE SOUZA NETO
v.
ROLLING STONE GRANITE FORT MYERS LLC
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In this Fair Labor Standards Act case, the court approved a joint stipulation of dismissal filed by all parties, resolving the dispute by mutual agreement. The court held that FLSA claims are subject to Federal Rule of Civil Procedure 41, allowing voluntary dismissal by stipulation.
FLSA claims are not exempt from Rule 41 and may be dismissed with prejudice by joint stipulation of all parties. The dismissal is effective upon filing and requires no further action by the court.
“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 procedural mechanism and effect of stipulated dismissal under Rule 41
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Join FLexlaw to unlock all legal intelligenceDe Souza Neto filed an FLSA case against Rolling Stone Granite Fort Myers LLC and Fabio Carvalho de Souza. All parties subsequently agreed to resolve …
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and FABIO CARVALHO DE SOUZA, Defendants. 2:24-cv-277-NPM
ORDER
In this Fair Labor Standards Act case, the parties have filed a Joint Stipulation of Dismissal with Prejudice. (Doc. 21). 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. The clerk is directed to deny all pending motions, terminate all scheduled events, and close the case.
ORDERED on July 26, 2024.
NICHOLAS P. MIZELL United States Magistrate Judge
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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)