MURO
v.
INTERLOCK SECURITY GROUP, INC.
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In this Fair Labor Standards Act case, the court granted a joint stipulation of dismissal with prejudice filed by both parties. The court held that FLSA claims are not exempt from Federal Rule of Civil Procedure 41, and parties may voluntarily dismiss an FLSA action by filing a signed stipulation of dismissal.
FLSA claims are not exempt from Rule 41 of the Federal Rules of Civil Procedure. Parties may dismiss an FLSA action voluntarily by filing a joint stipulation of dismissal signed by all appearing parties, and such 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 Federal Rules of Civil Procedure, including Rule 41 governing voluntary dismissals.
Previewing 2 of 3 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 procedural mechanism for voluntary dismissal with consent of all parties
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Join FLexlaw to unlock all legal intelligenceMuro filed an FLSA case against Interlock Security Group, Inc. Both parties jointly filed a stipulation of dismissal with prejudice. The parties sough…
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In this Fair Labor Standards Act case, the parties have filed a construed 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, 461-62 (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 attorney's fees and costs. The clerk is directed to enter judgment, deny all pending motions, terminate all scheduled events, and close the case.
ORDERED on July 1, 2024.
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)