ESPINOSA
v.
GULF COAST POWER AND LIGHT CO.
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Espinosa sought to dismiss a Fair Labor Standards Act (FLSA) action against Gulf Coast Power and Light Co. by joint stipulation of dismissal with prejudice. The court granted the dismissal, confirming that parties may voluntarily terminate FLSA cases through Rule 41(a)(1)(A)(ii) stipulations without further court intervention.
Parties may dismiss an FLSA action voluntarily through a Rule 41(a)(1)(A)(ii) stipulation of dismissal signed by all parties who have appeared. The dismissal becomes effective upon filing and requires no further court action. The court is powerless to interfere with such a dismissal once filed.
“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 upon filing and requires no further action by the court.”
Establishes the standard for voluntary dismissal by stipulation and that court action is not required
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Join FLexlaw to unlock all legal intelligenceThe parties filed a joint stipulation of dismissal with prejudice in this FLSA action. All parties who had appeared in the case signed the stipulation…
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Before the court is the parties' joint stipulation of dismissal with prejudice. (Doc. 32). 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 upon filing and requires no further action by the court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F. 3d 1272, 1278 (11th Cir. 2012); 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(a)(1)(A)(ii) 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"). "Rule 68 applies 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), and there is “no distinction" between the
operation of Rule 41(a)(1)(A)(ii) and Rule 68 in an FLSA action. Casso-Lopez, 335 F.R.D. at 462.
The parties stipulate to dismissing this case with prejudice. Accordingly, this action is dismissed with prejudice. The clerk is directed to enter judgment, terminate any scheduled events, and close the file.
ORDERED on May 2, 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)