ALARCÓN, Circuit Judge:
In this matter, we must decide whether an employer, who denies liability for nonpayment for overtime work, must pay attorney's fees and costs pursuant to 29 U.S.C. § 216(b) of the Fair Labor Standards Act ("FLSA") if he tenders the full amount claimed by an employee where the trial court grants the employer's motion to dismiss the employee's complaint on mootness grounds. We conclude that, under such circumstances, an employer is not required to pay attorney's fees and costs because the District Court has not awarded judgment to the employee as the prevailing party. Accordingly, we affirm.
The parties do not dispute the following facts: Dionne was employed by Floormasters Enterprises, Inc. ("Floormasters") from September 19, 2007 until November 27, 2007 as a warehouse clerk. Robert Molsick was a manager who had direct control over Dionne's work, pay, and job duties.
On March 24, 2008, Dionne filed a complaint in the District Court pursuant to § 216(b) on his own behalf and on behalf of other warehouse clerks who had worked for Floormasters within the preceding three years
Dionne filed a response in opposition to Floormasters's motion to dismiss on May 6, 2008. Dionne asserted that "Plaintiff's claim for overtime is still at issue because Plaintiff claims overtime damages above
On May 19, 2008, Floormasters filed a second Tender of Full Payment and Motion to Dismiss Complaint with Prejudice pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure.
In support of its motion, Floormasters argued:
Floormasters also contended that
Dionne filed a response to Floormasters' second motion to dismiss on May 29, 2008 in which he stated:
On June 4, 2008, the District Court granted Floormasters's Motion to Dismiss Complaint With Prejudice. It ordered Dionne to file his "motion for attorney's fees, if any, within thirty (30) days of the date of this Order."
Dionne filed a motion for an award of attorney fees and costs on July 7, 2008 in which he argued that he was entitled to
Dionne filed a motion for reconsideration on October 7, 2009. It was denied on October 13, 2009.
Dionne filed a timely notice of appeal on October 20, 2009. This Court has jurisdiction over this appeal pursuant to 28 U.S.C. § 1291.
Dionne contends the District Court erred in concluding that he failed to demonstrate that he is entitled to attorney's fees and costs under 29 U.S.C. § 216(b). Section 216(b) reads as follows in pertinent part:
Id. (emphasis added).
Dionne argues that he was a prevailing party in this action because Floormasters tendered all overtime and liquidated damages to him after he filed his complaint. Appellant's Br. 5. Dionne asserts that an employee can be a prevailing party without submitting a formal settlement agreement or consent decree to the trial court. He argues that whether an employee is a prevailing party "should be determined based on the actions of the Parties, the Court and the relief that was obtained following the filing of the lawsuit." Appellant's Br. 9.
"The interpretation of a statute is a question of law subject to de novo review." Corp. Mgmt. Advisors, Inc. v. Artjen Complexus, Inc., 561 F.3d 1294, 1296 (11th Cir.2009). Whether a plaintiff is a "prevailing party" is also reviewed de novo. Church of Scientology Flag Serv., Inc. v. City of Clearwater, 2 F.3d 1509,
Dionne maintains that he is entitled to attorney's fees and costs as a prevailing party because the filing of his complaint brought about the payment by Floormasters of the amount of money he requested. This argument is apparently based on the "catalyst" test that was previously used in this Circuit to determine if a party had prevailed in a lawsuit. In Morris v. City of West Palm Beach, this Court stated:
194 F.3d 1203, 1205-06 (11th Cir.1999) (internal quotation marks omitted).
In Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, the Supreme Court rejected the catalyst theory. 532 U.S. 598, 605-10, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001), superseded by statute on other grounds, Open Government Act of 2007, Pub.L. No. 110-175, 121 Stat. 2524. It reasoned as follows:
Id. at 605, 121 S.Ct. 1835.
Dionne argues that the District Court's dismissal with prejudice was sufficient to change the legal relationship of the parties as required by Buckhannon. The cases on which he relies, however, do not support this contention. For example, in Oil, Chemical & Atomic Workers International Union v. Department of Energy, the plaintiffs alleged that the defendant had failed to comply with their request under the Freedom of Information Act ("FOIA"). 288 F.3d 452, 453 (D.C.Cir.2002), superseded by statute on other grounds, Open Government Act of 2007, Pub.L. No. 110-175, 121 Stat. 2524, as recognized in Summers v. Department of Justice, 569 F.3d 500, 503 (D.C.Cir.2009). The parties subsequently entered into a court-ordered stipulation that the defendant had substantially complied with the plaintiffs' FOIA request, and the district court awarded the plaintiffs costs and fees. Id. Pursuant to Buckhannon, which was published while the appeal was pending, the D.C. Circuit reversed. Id. at 453, 458. The D.C. Circuit expressly stated that the stipulation "did not meaningfully alter the legal relationship of the parties," id. at 458; therefore the plaintiffs were not prevailing parties entitled to attorney's fees under FOIA. Id. at 457-59.
Likewise, in Smyth ex. rel. Smyth v. Rivero, the district court dismissed the plaintiff's civil rights action as moot and awarded attorney's fees and costs to the plaintiff pursuant to 42 U.S.C. § 1988.
Dionne's citations to Truesdell v. Philadelphia Housing Authority, 290 F.3d 159 (3d Cir.2002), and Barrios v. California Interscholastic Federation, 277 F.3d 1128 (9th Cir.2002), are also unavailing. In Truesdell, a civil rights action under 42 U.S.C. § 1983, the district court's dismissal order incorporated the terms of the settlement between the parties. 290 F.3d at 165. The Third Circuit reversed the district court's denial of attorney's fees and costs, holding that the plaintiff was the prevailing party and thus entitled to fees and costs pursuant to 42 U.S.C. § 1988. Id. at 165-66.
In Barrios, the district court denied the plaintiff's motion for attorney's fees under the Americans with Disabilities Act ("ADA") because it held that his damages award was de minimis. 277 F.3d at 1134-35. The Ninth Circuit reversed, holding that, as the parties had entered into a legally enforceable settlement agreement, the award was not de minimis and the plaintiff was a prevailing party entitled to attorney's fees under the ADA. Id. at 1134-37.
Dionne additionally relies on several cases in which the court considered whether the defendant was entitled to recover attorney's fees from the plaintiff. For example, in Claiborne v. Wisdom, the Seventh Circuit held that the defendant was entitled to attorney's fees as the prevailing party following a dismissal with prejudice due to the plaintiff's pursuit of a frivolous action under the Fair Housing Act. 414 F.3d 715, 721-22 (7th Cir.2005). Likewise, the court in Highway Equipment Co., Inc. v. FECO, Ltd., considered whether the defendant was the prevailing party for purposes of assessing entitlement to costs and fees in light of the district court's dismissal with prejudice. 469 F.3d 1027, 1033-37 (Fed.Cir.2006).
Dionne cites Goss v. Killian Oaks House of Learning, 248 F.Supp.2d 1162 (S.D.Fla. 2003), to support his argument that the $3,000 check sent to him by Floormasters constituted a settlement, thus rendering him the prevailing party. His reliance on Goss is also misplaced. In Goss, the trial court approved a settlement by the parties. Id. at 1175. In this matter, however, the payment Dionne received from Floormasters was never submitted as a settlement for judicial approval.
Dionne also cites American Disability Ass'n v. Chmielarz, 289 F.3d 1315 (11th Cir.2002), in support of his argument that the District Court's dismissal of the case with prejudice is the "functional equivalent" of a consent decree. This argument is unpersuasive. In Chmielarz, this Court specifically noted that the district court had "approv[ed] the settlement agreement and then expressly retain[ed] jurisdiction to enforce its terms," which "effected precisely the same result as would have been achieved pursuant to a consent decree." 289 F.3d at 1321. In the present case, the District Court did not approve any agreement or retain jurisdiction to enforce any settlement or order; the parties did not even reach a formal settlement agreement to present to the court. The District Court's minimal participation in this case is insufficient to give the case the "judicial imprimatur" necessary for a party to prevail. See Buckhannon, 532 U.S. at 605, 121 S.Ct. 1835.
Dionne further asserts that, under Lynn's Food Stores, Inc. v. United States,
Whether Dionne is entitled to attorney's fees under the FLSA is a question of statutory construction. See Buckhannon, 532 U.S. 598, 121 S.Ct. 1835 (interpreting the fee-shifting provisions of the Fair Housing Amendments Act and the ADA). In construing a statute, a court "assum[es] that the ordinary meaning of that language accurately expresses the legislative purpose." Hardt v. Reliance Standard Life Ins. Co., ___ U.S. ___, 130 S.Ct. 2149, 2156, 176 L.Ed.2d 998 (2010) (citation omitted). Congress has provided that the court in an FLSA action "shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action." 29 U.S.C. § 216(b) (emphasis added). The FLSA plainly requires that the plaintiff receive a judgment in his favor to be entitled to attorney's fees and costs.
Dionne has failed to cite to any case that supports his contention that the entry of a defendant's motion to dismiss a plaintiff's claims as moot because the trial court no longer has subject matter jurisdiction constituted a judgment in favor of the plaintiff.
As the Supreme Court observed in Buckhannon, under the "American Rule" parties in litigation are expected to bear their own attorney's fees and costs. Buckhannon, 532 U.S. at 602, 121 S.Ct. 1835 (citing Alyeska Pipeline Serv. Co. v. Wilderness Soc'y, 421 U.S. 240, 247, 95 S.Ct. 1612, 44 L.Ed.2d 141 (1975), and Key Tronic Corp. v. United States, 511 U.S. 809, 819, 114 S.Ct. 1960, 128 L.Ed.2d 797 (1994)). Congress may abrogate this rule, however, by explicitly providing otherwise. Buckhannon, 532 U.S. at 602-03, 121 S.Ct. 1835; Johnson, 348 F.3d at 1350. 29 U.S.C. § 216(b) does so in the context of the FLSA. See Kreager v. Solomon & Flanagan, P.A., 775 F.2d 1541, 1542 (11th Cir.1985) ("[S]ection 216(b) of the [FLSA] makes fee awards mandatory for prevailing plaintiffs.") (emphasis added).
Dionne has failed to demonstrate that the District Court entered a judgment awarding him overtime pay. Instead, the record shows it granted Floormasters' motion to dismiss this action because Floormasters' tender of the amount set forth in Dionne's complaint, while vigorously denying liability, deprived the District Court of subject matter jurisdiction due to the absence of a case or controversy.
Dionne is not a "prevailing party" in this action because, in granting Floormasters' motion to dismiss this lawsuit for lack of subject matter jurisdiction, the District Court did not award a judgment in his favor. "We cannot agree that the term `prevailing party' authorizes federal courts to award attorney's fees to a plaintiff who, by simply filing a nonfrivolous but potentially meritless lawsuit (it will never be determined), has reached the sought-after destination without obtaining any judicial relief." Buckhannon, 532 U.S. at 606, 121 S.Ct. 1835 (internal quotation marks omitted). Accordingly, we conclude that the District Court did not abuse its discretion in denying Dionne's motion for the award of attorney's fees and costs.
AFFIRMED.
