BRISE
v.
LOVING HANDS HOME HEALTH AGENCY, INC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court approved a joint stipulation of dismissal with prejudice in an employment case brought by Brise against Loving Hands Home Health Agency. The dismissal was effective upon filing under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), with each party bearing its own attorney's fees and costs.
The court approved the joint stipulation of dismissal with prejudice. Under Rule 41(a)(1)(A)(ii), when a plaintiff seeks to dismiss an action voluntarily and the stipulation is signed by all parties who have appeared, the dismissal is effective upon filing and requires no further court action.
“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 legal standard for voluntary dismissal by stipulation and that no court order is required for effectiveness.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe parties filed a joint stipulation of dismissal with prejudice in this employment action. All parties who had appeared in the case signed the stipu…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Before the court is the parties' joint stipulation of dismissal with prejudice. (Doc. 20). 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 their own attorney's fees and costs. 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 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)