Auclair v. Bonita Springs Lodge 2753 Benevolent and Protective Order of Elks of the United States of America, Inc.

United States District Court for the Middle District of Florida

Auclair v. Bonita Springs Lodge 2753 Benevolent and Protective Order of Elks of the United States of America, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

JOANN AUCLAIR,

Plaintiff,

v. Case No.: 2:19-cv-697-FtM-38MRM

BONITA SPRINGS LODGE ’35;2753 BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE UNITED STATES OF AMERICA, INC.,

Defendant. / ORDER1 Before the Court is the parties’ Notice of No Compromise and Joint Stipulation of Dismissal with Prejudice (Doc. 34). Plaintiff sued Defendant for Fair Labor Standards Act (“FLSA”) violations. The parties settled the FLSA claims in full without compromise and with attorney’s fees negotiated separately. So the Court need not review and approve the settlement for fairness. See Lynn’s Food Stores, Inc. v. U.S. Dep’t of Labor,

679 F.2d 1350

, 1352 (11th Cir. 1982); Bonetti v. Embarq Mgmt. Co.,

715 F. Supp. 2d 1222

, 1226 n.6 (M.D. Fla. 2009). Each party signed the Joint Stipulation, so the Court will dismiss this case with prejudice. Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC,

677 F.3d 1272, 1278

(11th Cir. 2012). Accordingly, it is now ORDERED:

1 Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order. (1) This case is DISMISSED with prejudice. (2) The Clerk is DIRECTED to enter judgment, terminate all pending deadlines or motions, and close the file. DONE and ORDERED in Fort Myers, Florida this 17th day of September, 2020.

, UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

Reference

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