Summary
The court addresses the parties’ Joint Stipulation of Dismissal with Prejudice in an FLSA action. Applying Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the court concludes that the dismissal was effective upon filing and dismisses the action with prejudice, directing the clerk to close the case.
Holdings
- A plaintiff may voluntarily dismiss an action with prejudice by filing a stipulation of dismissal signed by all parties who have appeared, and the dismissal is effective upon filing without further action by the court.
- FLSA claims are not exempt from Rule 41, and parties may terminate an FLSA action by filing a qualifying stipulation of dismissal with prejudice.
Questions Presented
- Whether the parties could voluntarily dismiss the FLSA action with prejudice by filing a joint stipulation under Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
- Whether an FLSA action is exempt from the operation of Rule 41.
Disposition
dismissed
Cases Cited (13)
- Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012)(followed)
- Vasconcelo v. Miami Auto Max, Inc., 981 F.3d 934, 942 (11th Cir. 2020)(followed)
- Casso-Lopez v. Beach Time Rental Suncoast, LLC, 335 F.R.D. 458, 461-462 (M.D. Fla. 2020)(followed)
- Dicomo v. KJIMS Dev. Co., Inc., No. 2:16-cv-327-FtM-99CM, 2016 WL 6678420, at *1 (M.D. Fla. Nov. 14, 2016)(followed)
- Shelton v. Steam Logistics, LLC, No. 1:24-cv-393, 2025 WL 3173664 (E.D. Tenn. Nov. 13, 2025)(cited)
- Evans v. RWS Res., LLC, No. 4:23-cv-00120-GNS-HBB, 2025 WL 354715 (W.D. Ky. Jan. 31, 2025)(cited)
- Gilstrap v. Sushinati LLC, 734 F. Supp. 3d 710 (S.D. Ohio 2024)(cited)
- Corbett v. Pub. Employees' Ret. Sys., 716 F. Supp. 3d 1006 (D. Nev. 2024)(cited)
- Kennedy v. El Centro Reg'l Med. Ctr., No. 22-cv-1522 JLS (LR), 2024 WL 1361838 (S.D. Cal. Mar. 29, 2024)(cited)
- Evans v. Centurion Managed Care of Arizona LLC, 686 F. Supp. 3d 880 (D. Ariz. 2023)(cited)
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Cited In (0)
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