Opinion
20 Civ. 04070 (MKB)(RML)
05-26-2021
AGUSTIN MARTE, on behalf of himself and others similarly situated, Plaintiff, v. EL NUEVO JORGE'S RESTAURANT CORP., d/b/a EL NUEVO JORGE'S RESTAURANT, JORGE'S RESTAURANT CORP. d/b/a EL NUEVO JORGE'S RESTAURANT, AGUSTIN BAEZ and MARIA D. BAEZ, Defendants.
Cilenti and Cooper, P.L.L.C. Giustino (Justin) Cilenti, Esq. Attorneys for Plaintiff Isaacs Bernstein, P.C. Jonathan A. Bernstein Attorneys for Defendants El Nuevo Jorge's Restaurant Corp., Agustin Baez and Maria D. Baez
Cilenti and Cooper, P.L.L.C. Giustino (Justin) Cilenti, Esq. Attorneys for Plaintiff
Isaacs Bernstein, P.C. Jonathan A. Bernstein Attorneys for Defendants El Nuevo Jorge's Restaurant Corp., Agustin Baez and Maria D. Baez
STIPULATION AND ORDER OF DISMISSAL
Margo K. Brodie, U.S.D.J.
WHEREAS, on September 10, 2020, Plaintiff filed a complaint, which asserted claims for, inter alia, unpaid overtime compensation under the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. ("FLS A"), and the New York Labor Law;
WHEREAS, although commenced as a collective action, Plaintiff did not seek conditional certification and no other individuals were provided notice of the action;
WHEREAS, the parties reached a settlement of this action through arms-length negotiations, the terms of which have been reviewed and are considered fair and reasonable, and which are incorporated herein by reference; and
WHEREAS, the United States District Court for the Eastern District of New York, shall retain jurisdiction over all proceedings solely to enforce the terms of the settlement between the parties in this action;
IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the Plaintiff and Defendants El Nuevo Jorge's Restaurant Corp., Agustin Baez, and Maria D. Baez (the "Settling Defendants"), that this action is hereby dismissed and discontinued in its entirety with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, with no award of counsel fees or costs by the Court to either side.
SO ORDERED.