USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED YOLANDA BOOKER, DARNELL EDWARDS, DOC fe CHAASAHN HUGHES, and RAYSHAWN DATE FILED: 6/12/2024 _ SHAW, individually and on behalf of themselves and all current and former employees, Plaintiffs, -against- 23 Civ. 10921 (AT) KFB & ASSOCIATES CONSULTING INC d.b.a ORDER JURY TRIAL DEMANDED FLAGGERS AHEAD, ELECNOR HAWKEYE LLC, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., KLAUS F. BROSCHEIT and VICKI BROSCHEIT, Defendants ANALISA TORRES, District Judge: The Court is in receipt of the parties’ stipulated dismissal without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). ECF No. 49. In Cheeks v. Freeport Pancake House, Inc.,

(2d Cir. 2015), the Second Circuit expressly left open the question of whether parties may dismiss Fair Labor Standards Act (“FLSA”) cases without court approval by entering into a Rule 41(a)(1)(A) stipulation without prejudice. /d. at 201 n.2. In Samake v. Thunder Lube, Inc.,

(2d Cir. 2022), however, the Circuit clarified that courts must evaluate such purported dismissals to ensure that “no settlement exist[s]”—1in other words, that the parties are not attempting to skirt the binding effect of Cheeks.

. The stipulation of dismissal states that the parties have “conferred regarding the mutual benefits of consolidating claims” with an earlier filed state-court matter, and that Plaintiffs have “decided to forgo claims again Con Edison for strategic and other reasons.” ECF No. 49. By June 19, 2024, the parties shall submit a joint letter certifying that there has been no settlement of FLSA claims. If the parties are unable to certify that there has been no settlement, they must request Cheeks review of the settlement reached. See

. SO ORDERED. Dated: June 12, 2024 New York, New York

ANALISA TORRES United States District Judge