Eliaas et al v. The Dinex Group, LLC et al

Filing 55

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)

Case 1:20-cv-03117-ALC Document 55 Filed 06/26/20 Page 1 of 2

6/26/2020

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BARBARA ELIAAS, ET AL., on behalf of
themselves, FLSA Collective Plaintiffs, and
the Class,
Plaintiffs,
-againstWWUPD INC. d/b/a DISTRICT SOCIAL
and ROBERT GAINES

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20-CV-3117 (ALC)
ORDER

Defendants.
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ANDREW L. CARTER, JR., United States District Judge:
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 settle [] 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
dismissal 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.
Dated:

June 26, 2020
New York, New York
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Case 1:20-cv-03117-ALC Document 55 Filed 06/26/20 Page 2 of 2

_______________________________
HON. ANDREW L. CARTER, JR.
United States District Judge

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