Opinion
21-cv-10797
10-14-2021
MONTASIA JOHNSON, Plaintiff, v. DEARBORN BISTRO d/b/a PANTHEION CLUB, Defendant.
ORDER (1) DENYING MOTION TO DISMISS WITHOUT PREJUDICE (ECF No. 9), (2) ORDERING PLAINTIFF TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE, AND (3) ORDERING BOTH ATTORNEY GREG C. GREENBERG AND ATTORNEY NINA KORKIS TAWEEL TO SERVE PLAINTIFF WITH THIS ORDER
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
In April 2021, Plaintiff Montasia Johnson, through counsel, brought this action against Defendant Dearborn Bistro under the Fair Labor Standards Act (“FLSA”) and the Michigan Minimum Wage Law. At some point after July 2021, Johnson stopped communicating with her counsel. According to Defendant, Johnson thereafter signed a settlement agreement resolving the case. In light of this purported settlement, Johnson's counsel filed a motion to dismiss under FLSA. (See Mot., ECF No. 9.) The Court held a hearing on this motion on October 13, 2021. 1
For the reasons stated on the record, Johnson's motion is DENIED WITHOUT PREJUDICE. As the Court explained, given Johnson's failure to communicate with her counsel, counsel is unable to advocate for this Court's approval of Plaintiff's motion to dismiss. That, in turn, leaves the Court unable to evaluate the dismissal in accordance with the factors listed by FLSA.
The Court believes the appropriate way to proceed here is to order Johnson to appear before the Court to confirm for the Court that she wishes to settle her case. In so doing, Johnson may provide information concerning the circumstances of the settlement and her justification for dismissal. That way, the Court will be able to make the required evaluation under FLSA.
Accordingly, IT IS HEREBY ORDERED that Johnson shall appear before the Court for a Zoom status conference to be held on Wednesday, November 17, 2021 at 10:00 a.m. Failure to appear for this hearing may result in a dismissal of this action. The parties shall use the following link to join the Zoom status conference:
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Meeting ID: 160 185 2440
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IT IS FURTHER ORDERED that attorney Greg C. Greenberg shall serve Johnson with a copy of this order by ordinary at her last known address, and attorney Nina Korkis Taweel shall likewise serve Johnson with this order by ordinary mail at the last known address Defendant has for Johnson. If Defendant communicates with Johnson other than by ordinary mail and lacks a last known address for Johnson, Ms. Taweel shall serve this order using whatever means Defendant uses to communicate with Johnson. By not later than October 28, 2021, Mr. Greenberg and Ms. Taweel shall file on the Court's docket a certificate of service confirming that they have satisfied their service obligations under this order.
IT IS SO ORDERED. 3