Opinion
22 Civ. 1363 (LGS)
11-30-2022
ORDER
LORNA G. SCHOFIELD UNITED STATES DISTRICT JUDGE
WHEREAS, on February 17, 2022, Plaintiff filed a complaint alleging wage-and-hour violations under the Fair Labor Standards Act (“FLSA”) and state law;
WHEREAS, on November 29, 2022, the parties filed a stipulation of voluntary dismissal without prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii). It is hereby
ORDERED that Plaintiff's counsel shall submit a declaration or affidavit within 30 days (1) stating that Plaintiff has been clearly advised that the settlement of this case does not preclude him from filing another lawsuit against the same Defendant(s) and (2) affirming that, if there is an underlying settlement agreement, the agreement does not contain a release of Defendant(s). See Flores v. Lexington Fresh Farm Inc., No. 21 Civ. 912, 2021 WL 3406339, at *2 (S.D.N.Y. Aug. 4, 2021). If either or both of these statements is untrue, Plaintiff's counsel shall file a letter explaining.