CANALES BONILLA
v.
STEFANO RISTORANTE, INC.

M.D. Fla. | 2023-12-18
No. 2:23-cv-780
District Court, M.D. Florida (2023)

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Holding

A joint stipulation of dismissal with prejudice filed by all parties in an FLSA case is effective upon filing under Rule 41(a)(1)(A)(ii) and requires no further court action.

Facts & Procedural History

The parties filed a Joint Stipulation of Dismissal with Prejudice in this Fair Labor Standards Act case. The plaintiff sought to voluntarily dismiss t…

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Topics
Self-Executing Dismissal Federal Rule Of Civil Procedure 41(A)(1)(A)(Ii) Voluntary Dismissal Fair Labor Standards Act Claim Fed. R. Civ. P. 41(a)(1)(a)(ii)

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Opinion of the Court

The parties have filed a Joint Stipulation of Dismissal with Prejudice in this Fair Labor Standards Act case. (Doc. 15.) 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).1 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

as it is unconditional and self-executing.”). Accordingly, this action is dismissed with prejudice, with each party to bear their own fees and costs. The Clerk is directed to enter judgment, deny all pending motions, terminate all scheduled events, and close the case. ORDERED in Fort Myers, Florida this December 18, 2023.

Lyte Label * Kale C. Dudek United States Magistrate Judge

Copies: All Parties of Record

Footnotes
1 Unless otherwise indicated, all internal quotation marks, citations, and alterations have been omitted in this and later citations. 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

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