Irineo Martinez v. Gourmet Deli on 8th Ave Corp. I
- Gabriel Gorenstein
- 1:23-cv-02032
- U.S. District Court · Southern District of New York
- 1
In Irineo Martinez v. Gourmet Deli, Magistrate Judge Gorenstein ordered a dismissal stipulation requiring FLSA claims to be dismissed without prejudice.
Juan Daniel Irineo Martinez and the defendants were required to file a stipulation dismissing the Fair Labor Standards Act claims without prejudice and a letter certifying that those claims had not been settled.
What happened
In Juan Daniel Irineo Martinez v. Gourmet Deli on 8th Ave Corp., the court addressed the plaintiff’s reported wish to withdraw the case. The court therefore said the parties did not need to comply with its earlier order to show cause.
The court ordered the parties to file, by January 26, 2024, a joint agreement dismissing the claims under the Fair Labor Standards Act without prejudice. The parties also had to send Judge Ho a letter confirming that they had not settled those claims.
Magistrate Judge Gorenstein issued the January 11, 2024 order. The opinion directs the parties to file these documents but does not state whether they later did so.
The detailed version
- Irineo Martinez v. Gourmet Deli on 8th Ave Corp. I · No. 1:23-cv-02032
- Gabriel Gorenstein
- Jan. 11, 2024
Background
The court stated that it had been represented that Plaintiff Juan Daniel Irineo Martinez wished to withdraw the matter. Based on that representation, the court said the parties would not be required to comply with the order to show cause dated January 8, 2024.
Order
The court ordered the parties to file, on or before January 26, 2024, a stipulation of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). A stipulation of dismissal is a written agreement by the parties to end the case or specified claims. The required stipulation had to specify that the claims arising under the Fair Labor Standards Act were dismissed without prejudice, meaning they were not barred from being brought again on that basis.
The parties also had to file a letter with Judge Ho by the same date certifying that there had been no settlement of the Fair Labor Standards Act claims. The opinion does not state whether the parties later filed the required documents or whether the case was ultimately dismissed.
Disposition and classification
The court directed the parties to file the dismissal stipulation and the no-settlement certification. It did not decide the merits of the Fair Labor Standards Act claims. This is a procedural order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.