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S.D.N.Y.Procedural orderFiled Dec. 9, 2019

Wang v. CLL Brothers, Inc.

Judge
Analisa Torres
Docket
1:19-cv-05145
Court
U.S. District Court · Southern District of New York
Pages
1
EmploymentCivil Procedure
In one sentence

In Wang v. CLL Brothers, Inc., Judge Torres ordered the parties to submit settlement materials or state they did not seek dismissal with prejudice.

Who this affects

The order affected Zhengjian Wang and defendants CLL Brothers, Inc., Qing Chen, Horng Biau Lee, and Sum Tan Lau, also known as Sum Tan Liu and “John” Liu.

What happened

Wang v. CLL Brothers, Inc. is a Fair Labor Standards Act case in which the parties told the court they had reached an agreement resolving all issues.

The court said the case would not be dismissed with prejudice unless the settlement was approved by the court or the Department of Labor. The court ordered the parties to submit a letter motion and settlement agreement by December 16, 2019, or notify the court that they did not seek dismissal with prejudice.

Judge Analisa Torres issued the order on December 9, 2019. The order did not itself approve the settlement or dismiss the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Wang v. CLL Brothers, Inc. · No. 1:19-cv-05145
Judge
Analisa Torres
Date
Dec. 9, 2019

Background

Zhengjian Wang brought this Fair Labor Standards Act case on his own behalf and on behalf of others similarly situated against CLL Brothers, Inc., doing business as Fuji Sushi, and Qing Chen, Horng Biau Lee, and Sum Tan Lau, also known as Sum Tan Liu and “John” Liu. The opinion states that the parties reached an agreement on all issues on November 4, 2019.

Settlement and Required Filing

After learning about the settlement, the Court notified the parties that the action would not be dismissed with prejudice unless the settlement agreement was approved by the Court or the Department of Labor. A dismissal with prejudice would end the case and bar refiling of the dismissed claims. The Court ordered the parties to submit a letter motion and the settlement agreement by December 16, 2019 if they wanted dismissal with prejudice. If they did not want that dismissal, they were required to notify the Court by the same date.

Disposition

Judge Analisa Torres ordered the parties to submit the required letter motion and settlement agreement by December 16, 2019, or notify the Court that they did not wish to dismiss the action with prejudice. The order did not approve the settlement or dismiss the action.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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