Jean-Gilles v. Paragon Systems, Inc.
- Lorna Schofield
- 1:22-cv-01363
- U.S. District Court · Southern District of New York
- 1
In Jean-Gilles v. Paragon Systems, Judge Schofield ordered counsel to clarify the dismissal’s settlement terms.
Plaintiff’s counsel, who was ordered to file the declaration or affidavit and, if necessary, an explanatory letter; the order also concerns Andre Jean-Gilles and Paragon Systems, Inc.
What happened
In Jean-Gilles v. Paragon Systems, Inc., Andre Jean-Gilles alleged violations of the Fair Labor Standards Act, a federal wage law, and state law.
The parties filed a stipulation to dismiss the case without prejudice, meaning the filing did not prevent another lawsuit against the defendant.
Judge Lorna G. Schofield ordered Plaintiff’s counsel to file a declaration or affidavit within 30 days addressing whether Jean-Gilles was told he could sue again and whether any settlement agreement released the defendant. If either statement was untrue, counsel had to explain that in a letter.
The detailed version
- Jean-Gilles v. Paragon Systems, Inc. · No. 1:22-cv-01363
- Lorna Schofield
- Nov. 30, 2022
Background
Andre Jean-Gilles filed a complaint alleging wage-and-hour violations under the Fair Labor Standards Act and state law. The opinion states that the parties later filed a stipulation of voluntary dismissal without prejudice under Federal Rule of Civil Procedure 41.
Order
The court ordered Plaintiff’s counsel to submit a declaration or affidavit within 30 days. The filing had to state that Jean-Gilles had been clearly advised that settling the case would not prevent him from filing another lawsuit against the same defendant, and it had to affirm that any underlying settlement agreement did not contain a release of the defendant.
If either statement was untrue, the court ordered counsel to file a letter explaining that fact. The order cites Flores v. Lexington Fresh Farm Inc. as support for this requirement.
Disposition
The opinion does not state that the court entered a final dismissal or decide the wage-and-hour claims. It ordered additional filing and disclosure concerning the parties’ voluntary-dismissal stipulation. Judge Lorna G. Schofield signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.