Barnes v. Metro Franchising Commissary LLC
- Paul Engelmayer
- 1:22-cv-05178
- U.S. District Court · Southern District of New York
- 2
In Barnes v. Metro Franchising Commissary LLC, Judge Engelmayer approved Plaintiffs’ voluntary dismissal after being assured no FLSA settlement required review, and closed the case.
Thomas Barnes and Khaliq Johnson, as Plaintiffs, and Metro Franchising Commissary LLC and Glen Wayne, as Defendants identified in the opinion. The case was closed, and the parties’ letter stated that Plaintiffs retained their FLSA rights.
What happened
Barnes v. Metro Franchising Commissary LLC involved Plaintiffs Thomas Barnes and Khaliq Johnson’s notice of voluntary dismissal. Their joint letter said the dismissal was not part of a settlement requiring review because the parties had not reached an agreement about claims under the Fair Labor Standards Act (FLSA).
The parties said Plaintiffs were not releasing FLSA claims or giving up FLSA rights, and would retain the right to pursue those claims against Metro Franchising Commissary LLC and Glen Wayne. They asked the court to approve the dismissal without prejudice.
Judge Paul A. Engelmayer approved the voluntary dismissal under Federal Rule of Civil Procedure 41 and directed the Clerk of Court to close the case. The order states that the court was assured the dismissal did not exchange Plaintiffs’ FLSA claims for a promise, payment, or other benefit requiring judicial review.
The detailed version
- Barnes v. Metro Franchising Commissary LLC · No. 1:22-cv-05178
- Paul Engelmayer
- Nov. 10, 2022
Background
Plaintiffs Thomas Barnes and Khaliq Johnson filed a notice of voluntary dismissal. Defendant Metro Franchising Commissary LLC and the Plaintiffs submitted a joint letter responding to the court’s November 4, 2022 order. The letter stated that the parties had not reached an agreement concerning Plaintiffs’ claims under the Fair Labor Standards Act (FLSA).
Parties’ Position
The parties stated that the dismissal was not part of a settlement requiring judicial review because Plaintiffs were not releasing FLSA claims or waiving FLSA rights. They stated that Plaintiffs retained the right to pursue FLSA claims against Metro Franchising Commissary LLC and Glen Wayne. The parties requested approval of Plaintiffs’ notice of dismissal without prejudice under Federal Rule of Civil Procedure 41.
Ruling
The court stated that it had been assured the stipulated voluntary dismissal did not involve dismissing Plaintiffs’ FLSA claims in exchange for a promise, payment, or other benefit requiring review under the governing Second Circuit standard. Judge Paul A. Engelmayer directed the Clerk of Court to approve the voluntary dismissal under Rule 41 and to close the case. The order did not decide the merits of any FLSA claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.