Cruz v. Next Stop 2006, Inc.

Background

Jorge Martinez filed a letter-motion seeking to voluntarily dismiss his claims in the action. Because Martinez stated that he did not wish to remain in the lawsuit and would not prosecute it, the court interpreted his request as applying to the Abivad Defendants as well, so he could be removed from the entire action.

Magistrate Judge James L. Cott issued a Report and Recommendation on December 1, 2022, recommending that the court grant Martinez’s request. The parties had fourteen days to object, but no objections were filed.

Court’s Analysis

The district court reviewed the Report and Recommendation for clear error under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). The court found no clear error in Judge Cott’s conclusion that dismissal was appropriate.

The court also addressed the Second Circuit’s requirement that certain voluntary dismissals without prejudice involving Fair Labor Standards Act claims receive judicial approval under Cheeks v. Freeport Pancake House, Inc. The court explained that this review may be limited and may require only confirmation that the parties did not settle the claims without review. Martinez’s counsel stated that she was unaware of any settlement between Martinez and the Next Stop defendants. Judge Cott credited that statement and found nothing in the record suggesting that the parties had secretly settled the Fair Labor Standards Act claims to avoid required judicial review.

The court noted that it would retain jurisdiction to review the settlement if evidence later showed that Martinez and the Next Stop defendants had entered into one.

Ruling

Judge Jennifer L. Rochon adopted Judge Cott’s Report and Recommendation and granted Martinez’s letter-motion to voluntarily dismiss his claims. The clerk was directed to remove Martinez from the docket and close the motion at ECF No. 69. The order does not state whether the dismissal was with or without prejudice.