Brener v. Manzo, Inc.

M.D. Florida

Brener v. Manzo, Inc.

DecidedMay 29, 2020

Docket2:20-cv-00077

StatusUnknown

This text of Brener v. Manzo, Inc. (Brener v. Manzo, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brener v. Manzo, Inc., (M.D. Fla. 2020).

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

MICHELLE BRENER,

Plaintiff,

v. Case No.: 2:20-cv-77-FtM-38NPM

MANZO, INC. and ROBERTA BROTHERS,

Defendants. / ORDER1 Before the Court is the parties’ Joint Stipulation of Dismissal with Prejudice Pursuant to Rule 41(a)(1)(A)(ii). (Doc. 29). If signed by all parties, the dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). This is a Fair Labor Standards Act (“FLSA”) case though, which typically require the Court to scrutinize a settlement for fairness. Here, however, the parties represent to the Court that Plaintiff’s FLSA wage claim was settled without compromise to be paid in full. Also, the parties affirm attorney’s fees were negotiated separately without regard to the amount owed to Plaintiff. Therefore, 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); see also Bonetti v. Embarq Mgmt. Co., 715 F. Supp. 2d 1222, 1226 n.6 (M.D. Fla. 2009); Mackenzie v. Kindred Hosps. East, L.L.C., 276 F. Supp. 2d 1211, 1217 (M.D. Fla. 2003).

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. Accordingly, it is now ORDERED: 1. This case is DISMISSED with prejudice. 2. The Clerk is DIRECTED to enter judgment, terminate all pending motions or deadlines, and close the file. DONE and ORDERED in Fort Myers, Florida this 29th day of May, 2020.

Lhe hlatrrthe 7 UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

MICHELLE BRENER,

Plaintiff,

v. Case No.: 2:20-cv-77-FtM-38NPM

MANZO, INC. and ROBERTA BROTHERS,

Defendants. / ORDER1 Before the Court is the parties’ Joint Stipulation of Dismissal with Prejudice Pursuant to Rule 41(a)(1)(A)(ii). (Doc. 29). If signed by all parties, the dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). This is a Fair Labor Standards Act (“FLSA”) case though, which typically require the Court to scrutinize a settlement for fairness. Here, however, the parties represent to the Court that Plaintiff’s FLSA wage claim was settled without compromise to be paid in full. Also, the parties affirm attorney’s fees were negotiated separately without regard to the amount owed to Plaintiff. Therefore, 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); see also Bonetti v. Embarq Mgmt. Co., 715 F. Supp. 2d 1222, 1226 n.6 (M.D. Fla. 2009); Mackenzie v. Kindred Hosps. East, L.L.C., 276 F. Supp. 2d 1211, 1217 (M.D. Fla. 2003).

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. Accordingly, it is now ORDERED: 1. This case is DISMISSED with prejudice. 2. The Clerk is DIRECTED to enter judgment, terminate all pending motions or deadlines, and close the file. DONE and ORDERED in Fort Myers, Florida this 29th day of May, 2020.

Lhe hlatrrthe 7 UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

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