Opinion
Civil Action 1:21-cv-06557
12-03-2021
DARCI FERNANDEZ PENALOZA, on behalf of herself and those similarly situated, Plaintiffs, v. KIMBERLY HOTEL INC., Defendant.
HACH ROSE SCHIRRIPA & CHEVERIE LLP Frank R. Schirripa Kathryn A. Hettler Counsel for Plaintiff LEWIS BRISBOIS BISGAARD & SMITH LLP Jeffrey Spiegel Stephanie Steinberg Counsel for Defendant
HACH ROSE SCHIRRIPA & CHEVERIE LLP
Frank R. Schirripa
Kathryn A. Hettler
Counsel for Plaintiff
LEWIS BRISBOIS BISGAARD & SMITH LLP
Jeffrey Spiegel
Stephanie Steinberg
Counsel for Defendant
JOINT STIPULATION ANDORDER VOLUNTARILY DISMISSING CLASS CLAIMS
Honorable Alison J. Nathan United States District Judge
WHEREAS, on August 3, 2021, Plaintiff Darci Fernandez Penaloza (“Plaintiff”) filed a complaint (“Complaint”) in the above-captioned action (the “Action”) against the Kimberly Hotel, Inc. (“Defendant”) asserting both individual and class claims pursuant to the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”), the New York State Human Rights Law, N.Y. Exec. L. §§ 296 et seq. (“NYSHRL”) and the New York City Human Rights Law, N.Y. Admin. Code § 8-101 et seq. (“NYCHRL”) (ECF No. 1);
WHEREAS, on September 29, 2021, Defendant filed an answer (“Answer”) to the Complaint (ECF No. 13);
WHEREAS, on September 29, 2021, the Court issued an Order automatically referring the Action to mediation (the “Order”) (ECF No. 14);
WHEREAS, the Order provided that the parties were to exchange targeted, core discovery materials specified in the Court's Pilot Discovery Protocols for Counseled Employment Cases (“Discovery Protocols”) within 30 days of the filing of an Answer (Id.);
WHEREAS, pursuant to the Order, on October 29, 2021, the parties exchanged the information specified in the Discovery Protocols;
WHEREAS, upon diligent review of the targeted, core discovery materials provided by Defendant, Plaintiff has determined not to pursue the class claims asserted in the Complaint;
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the respective parties, that pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the ADEA, NYSHRL and NYCHRL class claims asserted in the Complaint are hereby voluntarily dismissed with prejudice as to Plaintiff only.
SO ORDERED.