De La Verriere v. Elymar Restaurant Corporation
- Paul Engelmayer
- 1:22-cv-05700
- U.S. District Court · Southern District of New York
- 1
In De La Verriere v. Elymar, Judge Engelmayer ordered a joint letter confirming the voluntary dismissal was not part of a settlement.
De La Verriere, the other people identified in the proposed collective action, and Elymar Restaurant Corp. and the other defendants were affected by the requirement to file the joint confirmation.
What happened
In De La Verriere v. Elymar Restaurant Corporation, the parties filed a notice of voluntary dismissal on November 14, 2022.
The court directed the parties to file a joint letter by November 22 confirming that the dismissal was not part of a settlement requiring court review. The letter must specifically confirm that the dismissal was not obtained through any payment, promise, or other benefit from the defendants.
Judge Paul A. Engelmayer issued this order on November 16, 2022. The order directed the requested filing and did not decide the underlying claims.
The detailed version
- De La Verriere v. Elymar Restaurant Corporation · No. 1:22-cv-05700
- Paul Engelmayer
- Nov. 16, 2022
Background
De La Verriere brought the case on behalf of herself and others similarly situated in a proposed collective action under the Fair Labor Standards Act. Elymar Restaurant Corp. and other defendants were named in the caption.
On November 14, 2022, the parties filed a notice of voluntary dismissal. The opinion does not provide further details about the underlying claims or the reasons for the proposed dismissal.
Order
The court directed the parties to file a joint letter by November 22, 2022. They must confirm that the stipulation of voluntary dismissal was not part of a settlement requiring court review. In particular, they must confirm that the dismissal was not secured through any payment, promise, or other benefit offered by a defendant.
The order directed the parties to provide this confirmation. It did not decide the merits of the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.