Zeledon et al v. Dimi Gyro LLC et al
| Luis Zeledon |
| Dimi Gyro LLC, DLS Chicken Corp. and Demetri Pappas |
| 1:2015cv07301 |
| September 16, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Debra C. Freeman |
| Thomas P. Griesa |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
79
ORDER OF DISMISSAL: It is hereby ORDERED that: 1. The Court finds that the terms of the proposed settlement agreement are fair, reasonable, and adequate, both to redress Zeledon's claims in this action and to compensate Zeledon's counsel fo r the costs and legal fees incurred in connection with this action, and the agreement as to Zeledon is therefore approved. 2. The Court notes that the proposed settlement agreement expressly contemplates that this Court will retain jurisdiction over this action. (See id.,r 6.) In light of this, and in order to effectuate the evident intent of the parties, this Court will retain jurisdiction over this matter for the purpose of enforcing the settlement as to Zeledon. 3. As a result of the Court� 39;s approval of the parties' executed settlement agreement, this action is hereby discontinued with prejudice and without costs or fees to any party. The Clerk of Court is directed to close this case on the Docket of the Court. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 11/27/2019) Copies to All counsel (via ECF). (kv)
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Filing
54
ORDER for 53 Report and Recommendations. Having reviewed Judge Freemans's Report, the Court finds that the reasoning and conclusions set forth therein are not facially or clearly erroneous, and adopts the Report in all respects. Accordingly , IT IS HEREBY ORDERED THAT Plaintiff Pereda's claims are dismissed without prejudice pursuant to Federal Rules of Civil Procedure 37(b) and (d). (See Doc. No. 53 at 1.) The Clerk of Court is respectfully directed to terminate Pereda from the docket. Because all other discovery in this matter closed on September 29, 2017 (Doc. No. 49), IT IS FURTHER ORDERED THAT, under the Court's Individual Rule 2.A, the remaining parties shall file premotion letters, if any, no later than Friday, February 16, 2018. If no party files a premotion letter by that date, the Court will schedule a trial. SO ORDERED., (Manuel Pereda terminated.) (Signed by Judge Richard J. Sullivan on 2/6/18) (yv)
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