Reyes De Paulino v. Extended At Home Care, Inc
- Ronnie Abrams
- 1:23-cv-04199
- U.S. District Court · Southern District of New York
- 2
In Reyes De Paulino v. Extended At Home Care, Judge Abrams ordered the parties to clarify any settlement and why federal approval requirements do not apply.
Apolonia Reyes de Paulino, Extended Nursing Personnel CHAA, LLC, the other defendants, and the parties involved in any potential Fair Labor Standards Act settlement.
What happened
In Reyes De Paulino v. Extended At Home Care, the parties filed a joint stipulation dismissing Plaintiff Apolonia Reyes de Paulino’s claims against Extended Nursing Personnel CHAA, LLC.
The stipulation said that the dismissal was voluntary and with prejudice, meaning those claims against that defendant could not be brought again. The opinion states that the dismissal was based on an agreement between the parties, but it does not describe the agreement’s terms.
Judge Abrams ordered the parties to submit a joint letter by May 6, 2024, stating whether they reached a settlement and, if so, why the federal court or the U.S. Department of Labor did not need to approve it. The order did not otherwise decide the claims’ merits.
The detailed version
- Reyes De Paulino v. Extended At Home Care, Inc · No. 1:23-cv-04199
- Ronnie Abrams
- Apr. 5, 2024
Background
Plaintiff Apolonia Reyes de Paulino sued Extended At Home Care, Extended Nursing Personnel CHAA, LLC, and Extended Holding Company, LLC, doing business under several listed names. The opinion identifies Reyes de Paulino as proceeding individually and on behalf of other similarly situated persons.
On March 14, 2024, the parties filed a stipulation of dismissal as to Defendant Extended Nursing Personnel CHAA, LLC. The stipulation stated that Reyes de Paulino voluntarily dismissed all claims and causes of action against that defendant with prejudice under Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. The opinion states that the dismissal was made under an agreement between the parties, but it does not describe the agreement or expressly state that the entire case had settled.
Court’s Order
The court ordered the parties to submit a joint letter no later than May 6, 2024, clarifying whether they had reached a settlement. If they had, the parties also had to explain why the approval requirements discussed in Cheeks v. Freeport Pancake House, Inc. did not apply. Those requirements generally concern settlements resolving claims under the Fair Labor Standards Act, the federal wage-and-hour law; the opinion states that such stipulated dismissals with prejudice require approval by the district court or the U.S. Department of Labor to take effect.
The order did not decide the underlying claims, approve a settlement, or otherwise state a final disposition of the case beyond addressing the requested clarification.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.