McCary et al v. Maspeth Supply Co., LLC et al
Filing
7
ORDER: The court has received plaintiffs' 6 Notice of Voluntary Dismissal. For the reasons contained in the attached order, if this voluntary dismissal was the result of a settlement agreement, the parties are ordered to electronically file a copy of the agreement and to show cause why the agreement should not be filed publicly by December 13, 2013. Ordered by Judge John Gleeson on 12/9/2013. (Herling, Adam)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
CLARENCE McCARY, THOMAS
FLOWERS, and SCOTT FLEMING
Plaintiffs,
- versus MASPETH SUPPLY CO. LLC, JOHN DOE 1
and JOHN DOE 2
ORDER
13-cv-5508
Defendants.
JOHN GLEESON, United States District Judge:
In this action, plaintiffs allege, inter alia, that defendants failed to pay overtime in
violation of the Fair Labor Standards Act (“FLSA”). On December 6, 2013, plaintiffs filed a
Notice of Voluntary Dismissal, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). ECF
No. 6. It is this court’s understanding that settlements of FLSA claims require judicial approval.
See Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 334 (S.D.N.Y. 2012). Judicial approval of
settlements of FLSA claims is necessary whether such a settlement results in a voluntary
dismissal of claims under Rule 41(a)(1)(A)(i) or a stipulation of dismissal pursuant to Rule
41(a)(1)(A)(ii). Accordingly, if this notice of voluntary dismissal was filed based on a settlement
agreement, the parties are ordered to electronically file a copy of the agreement and to show
cause why the agreement should not be filed publicly by December 13, 2013.
So ordered.
John Gleeson, U.S.D.J.
Dated: December 9, 2013
Brooklyn, New York
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