Eliaas et al v. The Dinex Group, LLC et al
||June 26, 2020
||US District Court for the Southern District of New York
||Foley Square Office
|Nature of Suit:
||Labor: Fair Standards
|Cause of Action:
||29:201 Fair Labor Standards Act
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|June 26, 2020
ORDER re: 53 Notice of Voluntary Dismissal, filed by Luis Panura, Jose Peralta, Rafael Estrella, Nicholas Gringas, Kaity Chan-Roman, Sultan Ahmed, Carlos Soto, Barbara Eliaas, Primitivo Flores, Hector Siguencia, Efren Perez, Jorge V elasquez. The Court is in receipt of the Notice of Voluntary Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) from a number of Plaintiffs in this case. ECF No. 53. It is an open question in this Circuit whether parties may settl e  cases without court approval or DOL supervision by entering into a Rule 41(a)(1)(A) stipulation without prejudice. Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 201 n.2 (2d Cir. 2015); see also Amadis v. Newcastle Realty Servs., LLC, No. 17-CV-8116, 2018 WL 2727350 (S.D.N.Y. May 10, 2018). The Parties should submit a joint status report, in writing, by July 10, 2020 informing the Court about whether the resolution of this case as to the Plaintiffs who filed the notice of voluntary d ismissal is the result of a settlement between the Parties. If there was indeed a settlement between the Parties, they should also submit Letter Briefs, not to exceed five pages, that discuss whether Court approval is needed for the settlement by July 10, 2020. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/26/2020) (kv)
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