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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