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Case 2:13-cv-00358-SPC-DNF Document 13 Filed 07/11/13 Page 1 of 2 PageID 37

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

Plaintiff,



GARRY GRADY,



v.

B & W GOLF CARS, INC.,




Defendant.

Case No: 2:13-cv-358-FtM-38DNF

/
ORDER1

This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal

pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) (Doc. #12) filed on July 9, 2013. Plaintiff files a

notice of dismissal of this action with prejudice as he verifies that this FLSA matter has

settled and he was compensated in full without compromise. Therefore, no review of

the settlement is necessary. Lynn’s Food Stores, Inc. v. United States Dep’t of Labor,

679 F.2d 1350, 1352 (11th Cir. 1982). Fed. R. Civ. P. 41(a)(1) provides that an action

may be dismissed by the plaintiff without order of the court 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.

Defendants have not filed an answer or a motion for summary judgment. In this case,



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Case 2:13-cv-00358-SPC-DNF Document 13 Filed 07/11/13 Page 2 of 2 PageID 38

Defendant did not file an answer or a motion for summary judgment. As a result, the

case will be dismissed based upon the notice filed by the Plaintiff.

Accordingly, it is now

ORDERED:

(1) This matter is DISMISSED with prejudice pursuant to Plaintiff’s Notice of

Voluntary Dismissal (Doc. #12).

(2) The Clerk is directed to enter judgment accordingly, terminate all pending

deadlines, and CLOSE the file.

DONE and ORDERED in Fort Myers, Florida this 10th day of July, 2013.



Copies: All Parties of Record



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