Lopez v. Dutch Express LLC
- John Koeltl
- 1:22-cv-05180
- U.S. District Court · Southern District of New York
- 2
In Lopez v. Dutch Express LLC, Judge Koeltl reserved decision on Lopez’s voluntary dismissal until the parties reported whether they had reached a Fair Labor Standards Act settlement.
Diana Lopez and the defendants identified in the caption as Dutch Express LLC and others; the order required the parties to report whether they had reached a settlement.
What happened
In Lopez v. Dutch Express LLC, Diana Lopez filed a notice voluntarily dismissing the Fair Labor Standards Act case without prejudice. The parties had previously told the court they agreed to proceed in arbitration, and the court had paused the case while awaiting confirmation that it would be dismissed.
The notice did not say whether the parties had reached a settlement. The court explained that it must review any settlement in a Fair Labor Standards Act case for fairness before approving the dismissal.
Judge John G. Koeltl ordered the parties to report by January 9, 2023, whether they had settled. If they had, they were required to provide the settlement agreement and explain why it was fair. The court reserved decision on whether to approve the voluntary dismissal.
The detailed version
- Lopez v. Dutch Express LLC · No. 1:22-cv-05180
- John Koeltl
- Jan. 2, 2023
Background
Diana Lopez filed a notice of voluntary dismissal without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). The defendants are identified in the caption as Dutch Express LLC and others. The parties had previously represented that they agreed to proceed in arbitration, and the court stayed, or paused, the action while awaiting confirmation that the case would be dismissed because of the arbitration.
Court’s Analysis
The court noted that this was a Fair Labor Standards Act case. When a plaintiff files a notice of voluntary dismissal in such a case, the court must inquire whether the parties reached a settlement. If there is a settlement, the court must conduct a fairness review before approving the dismissal. If there is no settlement, the court may approve the notice of dismissal.
Lopez’s notice did not state whether the parties had reached a settlement. The court therefore could not yet decide whether to approve the voluntary dismissal.
Order
The court ordered the parties to notify it by letter by January 9, 2023, whether they had reached a settlement. If they had, they were required to attach the settlement agreement and explain why they believed it was fair. The court reserved decision on whether to approve the voluntary dismissal. The opinion does not state that the case was dismissed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.