Alberto Martinez Hernandez et al v. East Wingers Inc. et al

Filing 117

ORDER: The Court is in receipt of the stipulation of voluntary dismissal as to plaintiff Roberto Julian's claims. No later than April 13, 2022, the Parties shall file a letter explaining whether this dismissal in this FLSA action is subje ct to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), and, if so, the Parties shall file the requisite fairness letter. The submission shall also address the status of the consent judgment regarding the remaining claims. As a Suggestion of Death has been filed as to Plaintiff Elias Rojas and as no motion for substitution has been filed, the Clerk of Court is respectfully directed to terminate Plaintiff Elias Rojas. Elias Rojas (individually) and Elias Rojas (on behalf of others similarly situated) terminated. (Signed by Judge Andrew L. Carter, Jr on 4/6/2022) (ate)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JOSE ALBERTO MARTINEZ HERNANDEZ ET
:
AL.,
:
:
Plaintiffs,
:
:
-against:
:
EAST WINGERS INC. ET AL.,
:
:
Defendants.
:
:
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ANDREW L. CARTER, JR., District Judge:

4/6/22

17-CV-2176 (ALC)
ORDER

The Court is in receipt of the stipulation of voluntary dismissal as to plaintiff Roberto
Julian’s claims. No later than April 13, 2022, the Parties shall file a letter explaining whether this
dismissal in this FLSA action is subject to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199
(2d Cir. 2015), and, if so, the Parties shall file the requisite fairness letter. The submission shall
also address the status of the consent judgment regarding the remaining claims.
As a Suggestion of Death has been filed as to Plaintiff Elias Rojas and as no motion for
substitution has been filed, the Clerk of Court is respectfully directed to terminate Plaintiff Elias
Rojas.
SO ORDERED.
Dated:
April 6, 2022
New York, New York

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ANDREW L. CARTER, JR.
United States District Judge