Teodoro Gonzales v. 056 Deli & Grocery Corp. et al.

S.D. New York

Teodoro Gonzales v. 056 Deli & Grocery Corp. et al.

DecidedSeptember 16, 2025

Docket1:25-cv-06965

StatusUnknown

This text of Teodoro Gonzales v. 056 Deli & Grocery Corp. et al. (Teodoro Gonzales v. 056 Deli & Grocery Corp. et al.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Teodoro Gonzales v. 056 Deli & Grocery Corp. et al., (S.D.N.Y. 2025).

Pincite

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX TEODORO GONZALES, Plaintiff, : -v- 25 Civ. 6965 (JPC) 056 DELI & GROCERY CORP. et al., ORDER Defendants.

JOHN P. CRONAN, United States District Judge: On September 16, 2025, counsel for Plaintiff filed a letter advising the Court that their client “no longer wishes to proceed with this action.” Dkt. 7. Asa result, counsel sought guidance “as to how to proceed with a dismissal in such circumstances.” Id. Under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), a district court retains jurisdiction to review and approve any settlement under the Fair Labor Standards Act (“FLSA”), notwithstanding the parties’ joint stipulation of dismissal with prejudice pursuant to Rule 41(a)(1)(A)(ii). See also Samake v. Thunder Lube, Inc., 24 F.4th 804, 810 (2d Cir. 2022) (“[T]he logic of Cheeks as applied to Rule 41(a)(1)(A)(i1) dismissals with prejudice applies equally to Rule 41(a)(1)(A)() dismissals without prejudice.”). By October 1, 2025, Defendants must file a letter to the Court confirming that no settlement has been reached with Plaintiff. Ifa settlement has been reached, the Court will “engage in a Cheeks fairness review, but in the absence of a settlement, [a] notice of dismissal [will] be so-ordered.” Jd. at 811. SO ORDERED. Vhf2 Dated: September 16, 2025 . New York, New York JOHN P. CRONAN United States District Judge

Free access — add to your briefcase to read the full text and ask questions with AI

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX TEODORO GONZALES, Plaintiff, : -v- 25 Civ. 6965 (JPC) 056 DELI & GROCERY CORP. et al., ORDER Defendants.

JOHN P. CRONAN, United States District Judge: On September 16, 2025, counsel for Plaintiff filed a letter advising the Court that their client “no longer wishes to proceed with this action.” Dkt. 7. Asa result, counsel sought guidance “as to how to proceed with a dismissal in such circumstances.” Id. Under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), a district court retains jurisdiction to review and approve any settlement under the Fair Labor Standards Act (“FLSA”), notwithstanding the parties’ joint stipulation of dismissal with prejudice pursuant to Rule 41(a)(1)(A)(ii). See also Samake v. Thunder Lube, Inc., 24 F.4th 804, 810 (2d Cir. 2022) (“[T]he logic of Cheeks as applied to Rule 41(a)(1)(A)(i1) dismissals with prejudice applies equally to Rule 41(a)(1)(A)() dismissals without prejudice.”). By October 1, 2025, Defendants must file a letter to the Court confirming that no settlement has been reached with Plaintiff. Ifa settlement has been reached, the Court will “engage in a Cheeks fairness review, but in the absence of a settlement, [a] notice of dismissal [will] be so-ordered.” Jd. at 811. SO ORDERED. Vhf2 Dated: September 16, 2025 . New York, New York JOHN P. CRONAN United States District Judge

Cite This Page — Counsel Stack

Bluebook (online)

Teodoro Gonzales v. 056 Deli & Grocery Corp. et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/teodoro-gonzales-v-056-deli-grocery-corp-et-al-nysd-2025.

Opinion

Related

Cite This Page — Counsel Stack