LOPEZ
v.
CORE MANAGEMENT GROUP, LLC
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In this Fair Labor Standards Act case, the plaintiff and all defendants filed a Joint Stipulation of Dismissal with Prejudice. The court granted the dismissal, holding that FLSA claims are not exempt from Federal Rule of Civil Procedure 41, which permits voluntary dismissal by stipulation of all parties.
FLSA claims are not exempt from Rule 41. The Federal Rules of Civil Procedure apply to FLSA cases no less than to any other case, and parties may terminate an FLSA case by filing a stipulation of dismissal with prejudice, which is self-executing and requires no further court action.
[1] A voluntary dismissal of an action is effective upon filing when accompanied by a stipulation of dismissal signed by all parties who have appeared, requiring no further c…
[2] Fair Labor Standards Act claims are not exempt from Federal Rule of Civil Procedure 41.
Previewing 2 of 4 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“The text of the FLSA does not provide, and no Eleventh Circuit decision has ever held, that FLSA claims are exempt from Rule 41.”
Establishes the core holding that FLSA claims are subject to Rule 41 dismissal procedures
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Join FLexlaw to unlock all legal intelligenceThe case involved a Fair Labor Standards Act action between plaintiff Lopez and defendants Core Management Group LLC, The Maintenance Manager LLC (doi…
The full statement of facts, procedural history, and disposition for this case are member content.
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In this Fair Labor Standards Act case, the parties have filed a Joint Stipulation of Dismissal with Prejudice. (Doc. 57). 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. Each party shall bear its own fees and costs. The clerk is directed to deny all pending motions, terminate all scheduled events, and close the case.
ORDERED on February 3, 2025.
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)