Opinion
1:21-cv-11053-GHW
03-17-2022
AGUSTIN ACEVEDO, JOSE GUTIERREZ, MOISES AGUILAR, AND SAMANTHA MURPHY, on behalf of themselves and the Class, Plaintiffs, v. THOMAS BURKE, FRANCIS MCCOLE, DOUGLAS KAPLAN, CAMELOT CASTLE LLC doing business as Oscar Wilde, 49TH STREET RESTAURANT LLC, doing business as Lillie's Victorian Establishment Times Square, MUCHO MOOLA, LLC, doing business as Celtic Developers Group FAT 2 MUSCLE LLC, doing business as Lillie's Victorian Establishment Times Square, and STONEHOUSE NYC LP STRAFFORD VENTURES INC GN PTNR, doing business as Papillon Bistro &Bar Defendants.
ORDER
GREGORY H. WOODS, UNITED STATES DISTRICT JUDGE:
Plaintiffs have voluntarily dismissed this case without prejudice under F.R.C.P. 41(a)(1)(A)(i) and F.R.C.P. 41(a)(1)(A)(ii). Dkt. Nos. 20, 21. In light of the Second Circuit's decision in Samake v. Thunder Lube, Inc., et al., 24 F.4th 804 (2d Cir. 2022), the Court held a conference to discuss the stipulations of dismissal with the parties. Dkt. No. 22. The parties proffered to the Court that there was no settlement of any of the FLSA claims in this action. Therefore, the Court endorses the parties' stipulations of dismissal of this case without prejudice.
The Clerk of Court is directed to close this case.
SO ORDERED.