Li et al v. Patina Restaurant Group, LLC et al
Hai Long Li |
Patina Restaurant Group, LLC, Delaware North Companies, Inc. and Raroc, LLC |
1:2017cv07058 |
September 15, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
Edgardo Ramos |
Fair Labor Standards Act |
29 U.S.C. ยง 201 |
None |
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Filing 28 OPINION AND ORDER: The court finds that the parties have ameliorated the problems explained in the Court's December 10 order. Accordingly, the Court finds that it may approve the settlement agreement under Cheeks v. Freeport Pancake House Inc., 796 F.3d 199 (2d Cir. 2015). That request is GRANTED. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/14/2019) (kv) |
Filing 26 OPINION AND ORDER: Accordingly, the Court will not approve the Agreement unless the Parties' limit the release to those related to the FLSA and NYLL claims at issue here. The parties may proceed in one of the following ways: 1. File a revised agreement to the Court with a more limited release, on or before January 12, 2019. 2. File a joint letter on or before January 12, 2019, that indicates the parties' intention to abandon settlement and continue to trial, at which point the Cou rt 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 approve under current Second Circuit case law, see Cheeks, 796 F.3d at 201 n.2. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 12/10/2018) (ne) |
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