Martinez v. Gulluoglu LLC et al, No. 1:2015cv02727 - Document 27 (S.D.N.Y. 2016)

Court Description: OPINION & ORDER. The Court, therefore, declines, at this time, to approve the Agreement. The parties may proceed in one of the following three ways: 1. The parties may file a revised agreement by January 22, 2016, that does not include a confidential ity provision, non-disparagement provision, or general release provision that extends beyond the claims at issue in this action. If they do so, the Court will, at that time, assess the fairness and reasonableness of the proposed settlement, as well a s its provision for attorneys' fees; or 2. The parties may file a joint letter by January 22, 2016, indicating their intention to abandon the settlement and to continue litigating this matter. If they do so, the Court intends to lift the stay of discovery, see Dkt. 24, and set a date for the next conference in this case; or 3. The parties may stipulate to a dismissal of this case without prejudice, as such settlements do not require court approval. See Cheeks, 796 F.3d at 201 n.2 (leaving for another day the question of whether district court or Department of Labor approval is required for dismissals without prejudice). (As further set forth in this Order.) (Signed by Judge Paul A. Engelmayer on 1/15/2016) (adc)