Persaud et al v. D & H Ladies Apparel LLC et al
James Persaud, Kevin Diaz, Michael Diaz, Luis Viera, Anthony Bontuyan, Maria Devalle and Rosa Perez |
D & H Ladies Apparel LLC, AB & Sons Group, LLC, Isaac Chetrit and Isak Perez |
1:2016cv05994 |
July 27, 2016 |
US District Court for the Southern District of New York |
Foley Square Office |
Kings |
Edgardo Ramos |
Fair Labor Standards Act |
29 U.S.C. ยง 201 |
Plaintiff |
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Filing 25 OPINION AND ORDER. the Court will not approve the Agreement as currently written. The parties may proceed in one of the following ways: 1. File a revised settlement agreement on or before May 19, 2017 that cures the issue with the general mutual rele ase, or alternatively provides a persuasive explanation of the practical benefit that Plaintiffs stand to realize in exchange for broadly releasing all claims against the Defendants. 2. File a joint letter on or before May 19, 2017 that indicates the parties' intention to abandon settlement and continue to trial, at which point the Court will reopen the case and set down a date for a pre-trial conference; or 3. Stipulate to dismissal of the case without prejudice, which the Court need not a pprove under current Second Circuit case law, see Cheeks, 796 F.3d at 201 n.2. The status conference currently scheduled for 11:30 AM on May 17, 2017 is rescheduled for 11:00 AM on May 31, 2017. It is SO ORDERED. (Case Management Conference set for 5/31/2017 at 11:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 5/8/2017) (rjm) |
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