GRADY v. B & W GOLF CARS, INC., 2:13-cv-358-FtM-38DNF. (2013)
Court: District Court, M.D. Florida
Number: infdco20130712774
Visitors: 14
Filed: Jul. 10, 2013
Latest Update: Jul. 10, 2013
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) (Doc. # 12 ) filed on July 9, 2013. Plaintiff files a notice of dismissal of this action with prejudice as he verifies that this FLSA matter has settled and he was compensated in full without compromise. Therefore, no review of the settlement is necessary. Lynn's Food Stores, Inc. v. United States Dep't of Labor , 679 F.2
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) (Doc. # 12 ) filed on July 9, 2013. Plaintiff files a notice of dismissal of this action with prejudice as he verifies that this FLSA matter has settled and he was compensated in full without compromise. Therefore, no review of the settlement is necessary. Lynn's Food Stores, Inc. v. United States Dep't of Labor , 679 F.2d..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) (Doc. #12) filed on July 9, 2013. Plaintiff files a notice of dismissal of this action with prejudice as he verifies that this FLSA matter has settled and he was compensated in full without compromise. Therefore, no review of the settlement is necessary. Lynn's Food Stores, Inc. v. United States Dep't of Labor, 679 F.2d 1350, 1352 (11th Cir. 1982). Fed. R. Civ. P. 41(a)(1) provides that an action may be dismissed by the plaintiff without order of the court by filing (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared. Defendants have not filed an answer or a motion for summary judgment. In this case, Defendant did not file an answer or a motion for summary judgment. As a result, the case will be dismissed based upon the notice filed by the Plaintiff.
Accordingly, it is now
ORDERED:
(1) This matter is DISMISSED with prejudice pursuant to Plaintiff's Notice of Voluntary Dismissal (Doc. #12).
(2) The Clerk is directed to enter judgment accordingly, terminate all pending deadlines, and CLOSE the file.
DONE and ORDERED.
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Source: Leagle
