Diaz v. Exquisito Restaurant Inc.
- Lewis Liman
- 1:22-cv-03859
- U.S. District Court · Southern District of New York
- 1
In Diaz v. Exquisito Restaurant Inc., Judge Liman allowed plaintiffs to dismiss their wage case without prejudice for refiling in the Eastern District of New York.
The plaintiffs and defendants in this Fair Labor Standards Act case. The dismissal was without prejudice, and the case could be refiled in the Eastern District of New York.
What happened
In Diaz v. Exquisito Restaurant Inc., Angel Diaz, Miguel Garcia Villegas, and Servando Garcia Villegas asked to dismiss their Fair Labor Standards Act wage case. They said it had been filed in the wrong federal district.
The court explained that dismissals in wage cases may require review of any settlement for fairness. That review was unnecessary because the parties had not reached a settlement.
Judge Liman signed the dismissal notice, allowing the case to be dismissed without prejudice so the plaintiffs could refile it in the Eastern District of New York.
The detailed version
- Diaz v. Exquisito Restaurant Inc. · No. 1:22-cv-03859
- Lewis Liman
- Oct. 25, 2022
Background
Angel Diaz, Miguel Garcia Villegas, and Servando Garcia Villegas sued Exquisito Restaurant Inc., doing business as Exquisito Restaurant, and Argenedis Nunez. The plaintiffs asserted claims under the Fair Labor Standards Act of 1947, a federal wage-and-hour law. They asked the court to dismiss the case without prejudice because it had been filed in the Southern District of New York instead of the Eastern District of New York, where they said they intended to refile it.
Court’s analysis
The court discussed the requirement that a federal court review certain settlements of Fair Labor Standards Act claims for fairness. The court concluded that this review was not needed because the parties had not reached a settlement.
Ruling
The court signed the notice of dismissal, allowing the case to be dismissed without prejudice so that it could be refiled in the United States District Court for the Eastern District of New York. The order did not decide the merits of the plaintiffs’ wage claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.