Alberto Martinez Hernandez v. East Wingers Inc.
- Andrew Carter
- 1:17-cv-02176-ALC-BCM
- U.S. District Court · Southern District of New York
- 1
In Martinez Hernandez v. East Wingers, Judge Carter required filings about one plaintiff’s dismissal and ordered another plaintiff terminated after a suggestion of death.
Plaintiff Roberto Julian, plaintiff Elias Rojas, the remaining plaintiffs and defendants, and the parties responsible for filing the required letter and any fairness letter.
What happened
In Jose Alberto Martinez Hernandez et al. v. East Wingers Inc. et al., the court received a stipulation for voluntary dismissal of plaintiff Roberto Julian’s claims in this Fair Labor Standards Act case.
The court required the parties to explain whether that dismissal is subject to review under Cheeks v. Freeport Pancake House and, if so, to file a fairness letter. They also had to address the status of the consent judgment concerning the remaining claims. The clerk was directed to terminate plaintiff Elias Rojas because a suggestion of death had been filed and no motion to substitute a party had been filed.
Judge Andrew L. Carter, Jr. issued this order on April 6, 2022. The order addressed case administration and required filings; it did not decide the underlying claims.
The detailed version
- Alberto Martinez Hernandez v. East Wingers Inc. · No. 1:17-cv-02176-ALC-BCM
- Andrew Carter
- Apr. 6, 2022
Background
The case is an action under the Fair Labor Standards Act (FLSA). The court stated that it had received a stipulation of voluntary dismissal concerning plaintiff Roberto Julian’s claims. The order also stated that a suggestion of death had been filed as to plaintiff Elias Rojas and that no motion to substitute a party had been filed.
Court’s actions
The court ordered the parties to file, no later than April 13, 2022, a letter explaining whether the dismissal of Roberto Julian’s claims was subject to the approval process discussed in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). If that process applied, the parties were required to file the necessary fairness letter. The parties also had to address the status of the consent judgment concerning the remaining claims.
The court directed the Clerk of Court to terminate Elias Rojas as a plaintiff because the suggestion of death had been filed and no motion for substitution had been filed. The order did not decide the merits of the FLSA claims or state whether the voluntary dismissal was approved.
Classification
This is a procedural order because it required additional filings and directed the termination of a party without resolving the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.