Green v. Dr. Kelly Malinoski, LLC

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION HOLLY GREEN,

Plaintiff,

v. Case No. 2:19-cv-00556-JLB-NPM

DR. KELLY MALINOSKI, LLC, a Florida limited liability company, and DR. KELLY MALINOSKI, and individual,

Defendants.

ORDER The parties have filed a joint stipulation for dismissal with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which would normally dismiss the case without further involvement from the Court. (Doc. 28); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). But Count I of the complaint is a claim for back wages under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201–19. (Doc. 1 at 7–8.) Such claims may be settled only with approval from the Court or the Secretary of Labor. See Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982); Flood v. First Family Ins., Case No. 2:20-cv-623-JLB- NPM, 2021 WL 211268 (M.D. Fla. Jan. 21, 2021). Accordingly, it is ORDERED that: 1. The parties’ stipulation of dismissal (Doc. 28) is STRICKEN. The parties are free to file a revised stipulation of dismissal as to Count II of the complaint only. 2. The parties are directed to file a motion for court approval of their settlement as to Count I (FLSA) that includes both the settlement agreement as well as sufficient additional information for the Court to assess the bona fides of the parties’ dispute and the precise contours of their resolution. ORDERED in Fort Myers, Florida, on January 26, 2021. an Lh. A □ Jed Dabhent JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE