USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT BILED SOUTHERN DISTRICT OF NEW YORK x DATE FILED: 8/3/2025. DANIEL MARTINEZ, : Plaintiff, : 1:25-cv-5288-GHW -v- : ORDER LA POTENCIA DELI GROCERY CORP., ef a/,_: Defendants. :

GREGORY H. WOODS, United States District Judge: On July 25, 2025, Plaintiff filed a letter requesting dismissal of this action pursuant to Fed. R. Civ. P. 41 (a)()(A)@). Dkt. No. 13. That same day, the Court issued an order directing Plaintiff to the Second Circuit’s opinion in Samake v. Thunder Lube, Ine., 24 F.Ath 804, 807 (2d Cir. 2022), and directing Plaintiff to submit a sworn affidavit in support of the proposed dismissal. Dkt. No. 14. On August 1, 2025, Plaintiff filed a sworn affidavit asserting that he has not reached a settlement with Defendants and “no longer wants to pursue the claims” in this case. Dkt. No. 15. In Samake v. Thunder Lube, Inc., the Second Circuit held that the Court must evaluate voluntary dismissals of FLSA claims without prejudice under Fed. R. Civ. P. 41(a)(1)(A) to ensure that they do not obscure a settlement. 24 F.4th at 807. Based on Plaintiffs affidavit, the Court concludes that there is no underlying settlement. ‘The Court therefore accepts Plaintiff's voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)()(A)@). The Clerk of Court ts directed to close this case. SO ORDERED. Dated: August 3, 2025 New York, New York GREG . WOODS United States District Judge