Alberto Martinez Hernandez v. East Wingers Inc. ( 2022 )

DOCUMENT ELECTRONICALLY FILED DOC#: si Se UNITED STATES DISTRICT COURT DATEFILED: 4/6/22 SOUTHERN DISTRICT OF NEW YORK ------------ +--+ +--+ +--+ +--+ +--+ +--+ +--+ +--+ - ------ 2X JOSE ALBERTO MARTINEZ HERNANDEZET _ : AL., : Plaintiffs, : 17-CV-2176 (ALC) -against- : ORDER EAST WINGERS INC. ET AL., : Defendants. : onan ANDREW L. CARTER, JR., District Judge: 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. (Ards. A Cen Dated: April 6, 2022 New York, New York ANDREW L. CARTER, JR. United States District Judge