Reyes De Paulino v. Extended At Home Care, Inc

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

APOLONIA REYES DE PAULINO, both individually and on behalf of all other similarly situated persons, Plaintiff, v. No. 23-CV-4199 (RA) EXTENDED AT HOME CARE, EXTENDED ORDER NURSING PERSONNEL CHAA, LLC, and EXTENDED HOLDING COMPANY, LLC, d/b/a EXTENDING AT HOME CARE, EXTENDED HOMECARE, and EXTENDED HOME CARE., Defendants.

RONNIE ABRAMS, United States District Judge: On March 14, 2024, the parties filed a stipulation of dismissal with prejudice as to Defendant Extended Nursing Personnel CHHA, LLC. See Dkt. No. 45. The stipulation stated that, pursuant to an agreement between the parties, “Plaintiff Apolonia Reyes de Paulino hereby voluntarily dismisses with prejudice [under Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure] all claims and causes of action against Defendant Extended Nursing Personnel CHAA, LLC.” Id. No later than May 6, 2024, the parties shall submit a joint letter to the Court, clarifying whether the parties have reached a settlement and, if so, why the requirements of Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), are not applicable. Id. at *206 (holding that “Rule 41(a)(1)(A)(ii) stipulated dismissals settling FLSA claims with prejudice require the approval of the district court or the DOL to take effect”); Samake v. Thunder Lube, Inc., 24 F.4th 804, 811 (2d Cir. 2022).

SO ORDERED.

Dated: April 5, 2024 Py New York, New York ki ( J _———_—_—_—_———— —, Hon. Ronnie Abrams United States District Judge