PRACHT
v.
PROVIDENCE PASS MINISTRIES LLC
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The district court dismissed an employment action with prejudice following a joint stipulation by the parties. The court required the parties to elect between dismissing with prejudice without settlement approval or moving for settlement approval under FLSA requirements before granting the dismissal.
The court dismissed all claims and counterclaims with prejudice based on the parties' joint stipulation, without requiring approval of the settlement agreement. The dismissal proceeded under the parties' election to dismiss with prejudice without a ruling on the enforceability of the settlement.
“an employer undertakes the private resolution of an FLSA dispute at his peril”
Establishes that employers who settle FLSA claims privately do so at their own risk regarding enforceability
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Join FLexlaw to unlock all legal intelligenceThis case involved claims arising under the Fair Labor Standards Act. The parties negotiated a settlement and initially filed a stipulation for dismis…
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This cause comes before the Court on the parties' Joint Stipulation for Dismissal with Prejudice Following December 9, 2024 Order. Doc. No. 47. [fn 1] Based thereon, this action is DISMISSED WITH PREJUDICE, including all claims and
counterclaims, and the Clerk of Court is DIRECTED to close the file. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F. 3d 1272, 1278 (11th Cir. 2012).
DONE and ORDERED in Orlando, Florida on December 11, 2024.
Leslie Hoffman Price LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
[*2][fn 1]: The parties filed an initial stipulation of dismissal on December 6, 2024. Doc. No. 45. Because some of the claims in this case arise under the Fair Labor Standards Act ("FLSA"), the Court issued an Order on December 9, 2024 Order requiring the parties to either file a joint notice stating their intent to either: (1) dismiss this case with prejudice without a ruling on the enforceability of any settlement under Lynn's Food Stores, Inc. v. United States ex rel. United States Department of Labor, 679 F. 2d 1350, 1355 (11th Cir. 1982); or (2) move for approval of their settlement. Doc. No. 46. The parties have elected the former option, rendering dismissal with prejudice, and without approval of the settlement, proper. Cf. Dees v. Hydradry, Inc., 706 F. Supp. 2d 1227, 1237 (M.D. Fla. 2010) (“[A]n employer undertakes the private resolution of an FLSA dispute at his peril.").
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- O'Neal v. Am. Shaman Franchise Sys., Inc., 679 F. 2d 1350 (11th Cir. 2026)
- Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012)
- Dees v. Hydradry, Inc., 2010 U.S. Dist. LEXIS 40900 (M.D. Fla. 2010)