From Casetext: Smarter Legal Research

Ramos v. EL Valle 3452 Rest.

United States District Court, S.D. New York
Sep 14, 2021
1:21-cv-03936-GHW (S.D.N.Y. Sep. 14, 2021)

Opinion

1:21-cv-03936-GHW

09-14-2021

JUAN RAMOS and SANTA MUNOZ, individually and on behalf of others similarly situated, Plaintiffs, v. EL VALLE 3452 RESTAURANT INC., VICTORIA MARINE, JOSE GUERRA, and JOSE LUIS DIAZ, Defendants.


ORDER

GREGORY H. WOODS, DISTRICT JUDGE:

The Court has received the parties' September 14, 2021 proposed stipulation of discontinuance (the “Stipulation”). Dkt. No. 26. The parties are reminded that under the Second Circuit's decision in Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015), a case brought under the Fair Labor Standards Act cannot be dismissed with prejudice without the consent of the Court. Accordingly, because the Stipulation does not specify whether the action is being dismissed with prejudice, the Court declines to enter the Stipulation. In addition, the Stipulation does not provide the specific rule under which the “discontinuance” is proper. Therefore, the parties are invited to file a new stipulation that provides the rule under which dismissal is proper and that specifies whether the dismissal is with prejudice. The renewed stipulation is due no later than September 21, 2021.

SO ORDERED.


Summaries of

Ramos v. EL Valle 3452 Rest.

United States District Court, S.D. New York
Sep 14, 2021
1:21-cv-03936-GHW (S.D.N.Y. Sep. 14, 2021)
Case details for

Ramos v. EL Valle 3452 Rest.

Case Details

Full title:JUAN RAMOS and SANTA MUNOZ, individually and on behalf of others similarly…

Court:United States District Court, S.D. New York

Date published: Sep 14, 2021

Citations

1:21-cv-03936-GHW (S.D.N.Y. Sep. 14, 2021)