SCOTT
v.
LIGHTNING WIRELESS SOLUTIONS, INC.
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This is an order approving a joint stipulation of dismissal with prejudice in an employment litigation case. The court confirmed that under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the parties may voluntarily dismiss the action by filing a signed stipulation, with the dismissal becoming effective upon filing.
The court held that the parties may dismiss the action voluntarily upon filing a stipulation of dismissal signed by all parties who have appeared. The dismissal is effective upon filing and requires no further court action. The same rules apply in FLSA cases as in any other civil 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] Claims brought under the Fair Labor Standards Act (FLSA) are subject to the Federal Rules of Civil Procedure, including Rule 41.
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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.”
Establishes the procedural basis for voluntary dismissal by stipulation
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Join FLexlaw to unlock all legal intelligenceScott filed an action against Lightning Wireless Solutions, Inc. and Michael Segal. The parties reached an agreement and jointly filed a stipulation o…
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Before the court is the parties' 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 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, with each party to bear its own fees and costs (unless otherwise agreed). Accordingly, this action is dismissed with prejudice. The clerk is directed to enter judgment, terminate any scheduled events, and close the file.
ORDERED on April 5, 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)