EARP v. EUCALYPTUS REAL ESTATE, LLC, CIV-14-1195-D. (2015)
Court: District Court, W.D. Oklahoma
Number: infdco20151006b43
Visitors: 21
Filed: Oct. 02, 2015
Latest Update: Oct. 02, 2015
Summary: ORDER TIMOTHY D. DEGIUSTI , District Judge . Upon consideration of Plaintiff's Notice of Dismissal of FLSA Representative Action Without Prejudice [Doc. No. 17], the Court finds that the Notice is ineffectual to accomplish a voluntary dismissal of Plaintiff's action on behalf of similarly situated employees under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., because Defendants have already served answers to the Complaint. See Fed. R. Civ. P. 41(a)(1)(A)(i). The Court fu
Summary: ORDER TIMOTHY D. DEGIUSTI , District Judge . Upon consideration of Plaintiff's Notice of Dismissal of FLSA Representative Action Without Prejudice [Doc. No. 17], the Court finds that the Notice is ineffectual to accomplish a voluntary dismissal of Plaintiff's action on behalf of similarly situated employees under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., because Defendants have already served answers to the Complaint. See Fed. R. Civ. P. 41(a)(1)(A)(i). The Court fur..
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ORDER
TIMOTHY D. DEGIUSTI, District Judge.
Upon consideration of Plaintiff's Notice of Dismissal of FLSA Representative Action Without Prejudice [Doc. No. 17], the Court finds that the Notice is ineffectual to accomplish a voluntary dismissal of Plaintiff's action on behalf of similarly situated employees under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., because Defendants have already served answers to the Complaint. See Fed. R. Civ. P. 41(a)(1)(A)(i). The Court further finds that Plaintiff's inadvertent error in filing her First Amended Complaint (see Notice, n.1) should be corrected by granting Plaintiff an additional opportunity to amend her pleading, as permitted by the Order of September 16, 2015.
IT IS THEREFORE ORDERED that Plaintiff is authorized to file, within 7 days from the date of this Order, a Second Amended Complaint that omits all allegations and references to a representative action under the FLSA.
Source: Leagle
