Perez-Nunez v. North Broward Hospital District
609 F. Supp. 2d 1319 (S.D. Fla. 2009)
The Court held that dismissal with prejudice of a claim for back wages under the FLSA may not be enforced without court approval. The defendant argued that the joint stipulation of voluntary dismissal with prejudice it entered into with the plaintiff did not require approval of the district court in order to take effect. Relying on Eleventh Circuit precedent, the court concluded that although dismissing such a claim without prejudice would not require such approval, since it would not preclude the plaintiff from refiling his or her claim, dismissal with prejudice precludes such refiling, and any such agreement required court approval.