Opinion

Brown v. Fort Myers Lodge 1899 Loyal Order of the Moose, Inc.

Court
District Court, M.D. Florida
Filed
Sep 3, 2024
Cited by
0 cases
Authority
More cited than 31.3%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

STACIE BROWN,

Plaintiff,

v. 2:24-cv-352-NPM

FORT MYERS LODGE #1899,

LOYAL ORDER OF THE MOOSE, INC., and

DELOY WILKERSON,

Defendants.

ORDER

Before the court is the parties’ joint stipulation of dismissal with prejudice.

(Doc. 24). 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)(i) and Rule 68 in an FLSA action. Casso-Lopez, 335

F.R.D. at 462.

The parties stipulate to dismissing this case with prejudice. Accordingly, this

action is dismissed with prejudice. The clerk is directed to enter judgment, terminate

any scheduled events, and close the file. Because the parties have elected not to

submit a copy of any settlement agreement, the court declines any invitation to

resume jurisdiction over this matter.

ORDERED on September 3, 2024.

NICHOLAS P. LE

United States Magistrate Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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