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S.D.N.Y.Procedural orderFiled Oct. 29, 2020

Solomon v. Szymanski

Judge
Valerie Caproni
Docket
1:20-cv-05449
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaCivil Procedure
In one sentence

In Solomon v. Szymanski, Judge Caproni approved dismissal of the Fair Labor Standards Act claims after settlement and dismissed the case.

Who this affects

Allen Solomon, Curt Szymanski, and Caffeination Title, LLC; the case was dismissed.

What happened

Allen Solomon sued Curt Szymanski and Caffeination Title, LLC, alleging violations of the Fair Labor Standards Act and New York labor law. The case was filed in the Southern District of New York.

The parties notified the court that they had settled and asked the court to approve the settlement. The court agreed that the case should not have been brought under the Fair Labor Standards Act because Solomon did not appear to be seeking minimum-wage payment.

Judge Valerie Caproni approved Solomon’s request to dismiss the Fair Labor Standards Act claims in connection with settlement of his quantum meruit claim. She canceled the scheduled initial pretrial conference and dismissed the case.

The detailed version

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

Case
Solomon v. Szymanski · No. 1:20-cv-05449
Judge
Valerie Caproni
Date
Oct. 29, 2020

Background Allen Solomon filed a complaint against Curt Szymanski and Caffeination Title, LLC. The complaint alleged violations of the Fair Labor Standards Act and New York State Labor Law.

Settlement Request The parties filed a notice of settlement and asked the court to approve their settlement agreement under the standard discussed in Cheeks v. Freeport Pancake House, Inc. The order states that Solomon had suggested his hourly rate of pay should be $250.00.

Court’s Analysis The court agreed with the defendants that the case should not have been brought as a Fair Labor Standards Act case because Solomon did not appear to be seeking payment of minimum wages. The court therefore stated that the parties did not need court approval to dismiss the case. To the extent Solomon was asking the court to approve dismissal of his Fair Labor Standards Act claims based on settlement of his quantum meruit claim, the court approved that request.

Disposition Judge Valerie Caproni canceled the initial pretrial conference scheduled for October 30, 2020 and ordered: “This case is DISMISSED.” The order does not state whether the dismissal was with or without prejudice.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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