DAVIS v. SANIBELDQ, LLC, 2:14-cv-22-FtM-38CM. (2014)
Court: District Court, M.D. Florida
Number: infdco20140414793
Visitors: 10
Filed: Apr. 10, 2014
Latest Update: Apr. 10, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Joint Motion to Dismiss and Response to the Court's Order ( Doc. #20 ) filed on March 27, 2014. Although the Court has located a case in which a district court has approved the settlement of a matter brought pursuant to the Equal Pay Act, the Court finds that it is not required to approve such Equal Pay Act settlements pursuant to Lynn's Foods. See e.g., Lugo-Malone v. Advance/Newhouse Partnership , No. 6:1
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Joint Motion to Dismiss and Response to the Court's Order ( Doc. #20 ) filed on March 27, 2014. Although the Court has located a case in which a district court has approved the settlement of a matter brought pursuant to the Equal Pay Act, the Court finds that it is not required to approve such Equal Pay Act settlements pursuant to Lynn's Foods. See e.g., Lugo-Malone v. Advance/Newhouse Partnership , No. 6:10..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Joint Motion to Dismiss and Response to the Court's Order (Doc. #20) filed on March 27, 2014. Although the Court has located a case in which a district court has approved the settlement of a matter brought pursuant to the Equal Pay Act, the Court finds that it is not required to approve such Equal Pay Act settlements pursuant to Lynn's Foods. See e.g., Lugo-Malone v. Advance/Newhouse Partnership, No. 6:10-cv-1628-Orl-28DAB, 2011 WL 1188558 (M.D. Fla. Mar. 8, 2011) (where the parties filed a joint motion for approval of settlement). In addition, Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. The Rule reads in pertinent part:
Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order 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.
Fed. R. Civ. P. 41(a)(1)(A).
In this instance, the Parties stipulate to dismiss this matter with prejudice. (Doc. #17). All parties who have appeared have signed the stipulation. Therefore, the dismissal is appropriate.
Accordingly, it is now
ORDERED:
Joint Motion to Dismiss and Response to the Court's Order (Doc. #20) is GRANTED. The Complaint (Doc. #1) is hereby DISMISSED with prejudice. The Clerk of Court is directed to close the case, terminate any pending motions and enter judgment accordingly.
DONE and ORDERED.
FootNotes
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Source: Leagle
