Kemp-Smith v. Del Friscos of New York, LLC
- Vernon Broderick
- 1:20-cv-08802
- U.S. District Court · Southern District of New York
- 1
In Kemp-Smith v. Del Friscos, Judge Broderick discontinued the NYLL case without costs, allowing restoration within 30 days.
The plaintiffs and Del Friscos of New York, LLC; the case was discontinued without costs, with the possibility of restoration within 30 days.
What happened
Kemp-Smith v. Del Friscos of New York, LLC involved claims that the plaintiffs said arose only under New York labor law. The court had previously asked the parties to submit their settlement terms for review.
The plaintiffs told the court that review was unnecessary because every claim was based only on New York law. The court agreed that the parties did not need to submit their settlement information.
Judge Vernon S. Broderick discontinued the case without costs to either side and without prejudice to restoring it to the court’s docket if an application was made within 30 days.
The detailed version
- Kemp-Smith v. Del Friscos of New York, LLC · No. 1:20-cv-08802
- Vernon Broderick
- June 9, 2021
Background
On June 1, 2021, the court directed the parties to provide the terms of their settlement for judicial review under a Second Circuit decision concerning settlement review. The plaintiffs then filed a letter stating that each plaintiff’s claims were based only on the New York Labor Law (NYLL), so judicial review of the settlement was unnecessary.
Court’s Decision
The court concluded that, because the action alleged only NYLL claims, the parties did not need to submit the settlement information requested in the earlier order. The court therefore ordered that the parties need not provide that information.
The court also ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s docket if an application to restore it was made within 30 days.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.