Rivas v. The Dinex Group, LLC ( 2020 )

WO UTES ELECTRONICALLY FILED DOCH Hs UNITED STATES DISTRICT COURT DATE FILED: _ 6/26/2020 □ SOUTHERN DISTRICT OF NEW YORK ee ee ee eee ee ee ee ee eee eee eee eee eee HX BARBARA ELIAAS, ET AL., on behalf of — * themselves, FLSA Collective Plaintiffs, and the Class, 20-CV-3117 (ALC) Plaintiffs, ORDER -against- WWUPD INC. d/b/a DISTRICT SOCIAL and ROBERT GAINES Defendants. ee ee ee eee ee ee ee ee eee eee eee eee eee HX 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)G) 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 HON. ANDREW L. CARTER, JR. United States District Judge