Espinosa Puga v. Selamat Pagi LLC

District Court, S.D. New York

Espinosa Puga v. Selamat Pagi LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

MARCO ANTONIO ESPINOSA PUGA, Plaintiff, 21 Civ. 1529 (LGS) -against- ORDER SELAMAT PAGILLC, et al., Defendants. x

LORNA G. SCHOFIELD, District Judge: WHEREAS, on February 22, 2021, Plaintiff filed a complaint alleging wage-and-hour violations under the Fair Labor Standards Act (“FLSA”) and state law; WHEREAS, on September 1, 2021, the parties filed a stipulation of voluntary dismissal without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). It is hereby ORDERED that Plaintiffs counsel shall submit a declaration or affidavit within 30 days (1) stating that Plaintiff has been clearly advised that the settlement of this case does not preclude him from filing another lawsuit against the same Defendant(s) and (2) affirming that the settlement agreement does not contain a release of Defendant(s). See Flores v. Lexington Fresh Farm Inc., No. 21 Civ. 912,

2021 WL 3406339

, at *2 (S.D.N.Y. Aug. 4, 2021). If either or both of these statements is untrue, Plaintiffs counsel shall file a letter explaining. It is further ORDERED that the pre-motion conference scheduled on September 9, 2021, at 11:00 a.m. is CANCELLED.

Dated: September 2, 2021 Lo Se LL 2 A ( New York, New York LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE

Reference

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