Mitchell v. Sirius XM Radio, Inc.
- Lewis Liman
- 1:23-cv-06092
- U.S. District Court · Southern District of New York
- 1
In Mitchell v. Sirius XM Radio, Judge Liman retained limited jurisdiction to assess any Fair Labor Standards Act settlement after Mitchell voluntarily dismissed without prejudice.
Kellee Mitchell, Sirius XM Radio, Inc., and the others similarly situated whom Mitchell sought to represent are affected by the dismissal and the court’s limited settlement-review process.
What happened
In Mitchell v. Sirius XM Radio, Inc., Kellee Mitchell filed a notice voluntarily dismissing the case without prejudice, meaning the dismissal did not bar refiling. The case involved a Fair Labor Standards Act claim and was brought individually and on behalf of others similarly situated.
The court said it still had limited authority to determine whether the parties had reached a settlement of that claim and, if so, whether the settlement was fair. The order did not say whether a settlement existed.
Judge Liman directed the parties to file a joint letter by August 25, 2023, stating whether a settlement existed and whether a hearing was required. The court therefore retained limited jurisdiction for settlement review after the voluntary dismissal.
The detailed version
- Mitchell v. Sirius XM Radio, Inc. · No. 1:23-cv-06092
- Lewis Liman
- Aug. 22, 2023
Background
Kellee Mitchell sued Sirius XM Radio, Inc., individually and on behalf of others similarly situated. Mitchell filed a notice of voluntary dismissal without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(). The opinion identifies the case as involving a Fair Labor Standard Act claim.
Court’s Action
The court stated that, under a cited Second Circuit decision, it retained jurisdiction for the limited purpose of deciding whether a settlement of the Fair Labor Standard Act claim existed and, if one existed, whether it was fair. The order did not determine that a settlement existed or decide whether any settlement was fair.
The court directed the parties to submit a joint letter by August 25, 2023, stating whether a settlement existed and, consequently, whether a hearing under a cited Second Circuit decision was required.
Disposition
The court retained limited jurisdiction for settlement review and issued the joint-letter directive. The opinion does not state any further disposition of the underlying claim.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.