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Hooters LLC
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Misc | Filed: May 22, 2024 | Entered: May 22, 2024 Hussein et al v. Hooters of America, LLC et al
Labor: Fair Standards | New York Eastern
Letter
Letter re: Notice of Voluntary Dismissal by Alessandra Darrigo, Daniela Arielle Darrigo, Salma Bahaa Hussein (Brown, William)
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Order | Filed: May 22, 2024 | Entered: May 22, 2024 Hussein et al v. Hooters of America, LLC et al
Labor: Fair Standards | New York Eastern
Order(Other)
ORDER re 4 , 10 Notice of Voluntary Dismissal. The Court is in receipt of plaintiffs' Notices of Voluntary Dismissal, which purport to dismiss this action without prejudice, but do not indicate whether a settlement has been reached. In FLSA cases, the Second Circuit has held that settlements "require the approval of the district court or the [Department of Labor] to take effect." Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). Even where dismissal would be without prejudice under Rule 41(a)(1)(A)(i), it may be subject to court approval, otherwise "parties could evade Cheeks review simply by negotiating a settlement and release, then filing a unilateral dismissal without prejudice rather than a stipulated dismissal." See Samake v. Thunder Lube, Inc., 24 F.4th 804, 810 (2d Cir. 2022). Typically, under Cheeks, "before a district court enters judgment, it must scrutinize [any] settlement agreement to determine that the settlement is fair and reasonable." Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012). However, where no settlement was reached, "all that [is] needed [is] confirmation that no settlement exist[s]." Samake, 24 F.4th at 811.
Accordingly, by 5/31/2024, plaintiffs shall file a letter either confirming that no settlement exists, or, if a settlement has been reached, proposing a briefing schedule on a motion for Cheeks approval of such settlement. Ordered by Magistrate Judge James R. Cho on 5/22/2024. (JDP)
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Order | Filed: May 21, 2024 | Entered: May 21, 2024 In re Broiler Chicken Antitrust Litigation
791(Labor: E.R.I.S.A.) | Illinois Northern
Order
ORDER Dismissing Certain Plaintiffs' Claims Against Fieldale With Prejudice. Signed by the Honorable Thomas M. Durkin on 5/21/2024. Mailed notice. (ecw, ) (Entered: 05/21/2024)
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