Cocoyutla v. 28 Street Flowers Inc
- Gregory Woods
- 1:23-cv-09619
- U.S. District Court · Southern District of New York
- 1
In Cocoyutla v. 28 Street Flowers, Judge Woods required a sworn no-settlement certification before accepting voluntary dismissal of Fair Labor Standards Act claims.
Policarpo Cocoyutla and the defendants in the action were affected by the court’s requirement of a sworn no-settlement affidavit before it would accept the proposed voluntary dismissal. Counsel was directed to submit the affidavit.
What happened
In Cocoyutla v. 28 Street Flowers Inc, Policarpo Cocoyutla asked to voluntarily dismiss the action against the defendants without prejudice. The opinion does not describe the underlying claims beyond identifying them as claims under the Fair Labor Standards Act.
The request was made under Rule 41(a)(1)(A), which generally permits a plaintiff to voluntarily dismiss an action. The appeals court has instructed district courts to examine voluntary dismissals of Fair Labor Standards Act claims to ensure that they do not hide a settlement.
The court said it could not accept the dismissal in its current form. Judge Gregory H. Woods directed counsel to submit a sworn affidavit by November 9, 2023, certifying that there had been no settlement of Fair Labor Standards Act claims; the court said it would accept the dismissal if that certification was provided.
The detailed version
- Cocoyutla v. 28 Street Flowers Inc · No. 1:23-cv-09619
- Gregory Woods
- Nov. 6, 2023
Background
On November 5, 2023, Policarpo Cocoyutla submitted a notice seeking voluntary dismissal of the action against the defendants without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A). The opinion identifies the case as involving claims under the Fair Labor Standards Act, but it does not provide further details about the underlying dispute.
Court’s analysis
The court relied on the Second Circuit’s decision in a prior case, which held that a district court must evaluate voluntary dismissals of Fair Labor Standards Act claims without prejudice to ensure that the dismissal does not conceal a settlement. The court therefore concluded that it could not endorse the proposed stipulation in its current form without additional review.
Ruling
The court directed counsel to review the Second Circuit’s decision and submit a sworn affidavit supporting the stipulation by November 9, 2023. The court stated that it would accept a dismissal under Rule 41(a)(1)(A) if Policarpo Cocoyutla certified that there had been no settlement of Fair Labor Standards Act claims. The order does not state whether the affidavit was later filed or whether the dismissal was ultimately accepted.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.