Brown v. Lucky Nephew Construction Services Corporation et al
| Emanuel Brown |
| Alonzo Williams and Lucky Nephew Construction Services Corporation |
| 1:2021cv00846 |
| February 16, 2021 |
| US District Court for the Eastern District of New York |
| William F Kuntz |
| Roanne L Mann |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 26, 2021. A more recent docket listing may be available from PACER.
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Filing 9
ORDER DISMISSING CASE re #5 NOTICE of Voluntary Dismissal: Pursuant to F.R.C.P. 41(a)(1)(A)(i), the Plaintiff, Emanuel Brown, through the undersigned counsel, hereby gives notice that the above-captioned action is voluntarily dismissed, without prejudice against the Defendants Lucky Nephew Construction Services Corporation and Alonzo Williams. So Ordered by Judge William F. Kuntz, II on 3/26/2021. (Love, Alexis)
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| Filing 8 AFFIDAVIT/AFFIRMATION re Scheduling Order,,,,,,,,, Plaintiff's Sworn Statement re withdrawal by Emanuel Brown (Salaman, Robert) |
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ORDER re #8 Affidavit filed by Emanuel Brown, #5 Notice of Voluntary Dismissal filed by Emanuel Brown. This Court is satisfied that voluntary dismissal of this case is appropriate, in that plaintiff (who no longer works for defendants) attests that no settlement was reached and he no longer has an interest in prosecuting this action. The Clerk is requested to close the case. Ordered by Magistrate Judge Roanne L. Mann on 3/24/2021. (Proujansky, Josh)
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SCHEDULING ORDER re #7 Letter filed by Emanuel Brown. By Order to Show Cause dated March 16, 2021, this Court directed the parties to show cause in this FLSA action why the Court should not require Cheeks submissions and conduct a Cheeks review. In response, plaintiff argues that Cheeks approval is not required for a dismissal without prejudice; the District Court already granted plaintiff's motion for voluntary dismissal; and, in any event, there was no settlement in this case. Although as plaintiff's counsel recognizes, the Second Circuit has not resolved the issue, in an FLSA case, a notice of voluntary dismissal may "raise a concern that the parties have covertly settled FLSA claims in an effort to evade judicial review required by Cheeks...." De Jesus v. Magnetic Contracting Corp., 2019 WL 4737053, at *1 (E.D.N.Y. Sept. 27, 2019); see Gallardo v. PS Chicken Inc., 285 F.Supp.3d 549, 553 (E.D.N.Y. 2018) (rejecting the dismissal without prejudice and requiring the parties to submit the agreement for review); Carson v. Team Brown Consulting, Inc., 416 F.Supp.3d 137 (E.D.N.Y. 2017) (requiring Cheeks review after voluntary dismissal without prejudice). Cases in this Circuit illustrate the importance of court inquiry into such dismissals to assure itself that a dismissal without prejudice is not an intended evasion of Cheeks. See, e.g., Guarnero-Ruiz v. 36-03 Food, LLC, 2017 WL 7049543, at *9 (E.D.N.Y. Dec. 11, 2017) (after reviewing agreement, court determined that "there is no true without prejudice dismissal"); Seck v. Dipna Rx, Inc., 2017 WL 1906887, at *4 (S.D.N.Y. May 8, 2017) (vacating order that approved "voluntary discontinuance," but later discovering that the parties had negotiated a hidden settlement agreement that included a broad release provision). Moreover, while the District Court initially granted plaintiff's motion for voluntary dismissal, the Court vacated the dismissal order shortly after it was entered. In light of counsel's explanation for the discontinuance of the action, plaintiff Emanuel Brown must submit a sworn statement, by March 24, 2021, describing the circumstances surrounding his decision to withdraw the action. Ordered by Magistrate Judge Roanne L. Mann on 3/17/2021. (Proujansky, Josh)
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| Filing 7 Letter re Order to Show Cause why Cheeks submission is not necessary by Emanuel Brown (Salaman, Robert) |
| Filing 6 CERTIFICATE OF SERVICE by Emanuel Brown re Order (Salaman, Robert) |
| Filing 5 NOTICE of Voluntary Dismissal by Emanuel Brown (Salaman, Robert) |
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ORDER TO SHOW CAUSE re #5 Notice of Voluntary Dismissal filed by Emanuel Brown. As this is a FLSA case, the parties are directed to show cause, via ECF, by March 22, 2021, why the Court should not require Cheeks submissions and conduct a Cheeks review; if the parties are not settling plaintiff's claims, plaintiff must explain the reason for the voluntary dismissal. Ordered by Magistrate Judge Roanne L. Mann on 3/16/2021. (Proujansky, Josh)
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ORDER: plaintiff's counsel is directed to serve defendants with a copy of the Order to Show Cause issued earlier today, and to file proof of service. Ordered by Magistrate Judge Roanne L. Mann on 3/16/2021. (Proujansky, Josh)
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| Filing 4 Summons Issued as to Lucky Nephew Construction Services Corporation, Alonzo Williams. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Lucky Nephew Construction Services Corporation, Alonzo Williams filing fee $ 402, receipt number ANYEDC-14154570 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Emanuel Brown. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Salaman, Robert) |
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