Rivera v. SA Midtown LLC et al, No. 1:2016cv02097 - Document 36 (S.D.N.Y. 2017)

Court Description: OPINION & ORDER: Accordingly, for the foregoing reasons, the Court declines to approve the Agreement at this time. The parties may proceed in one of the following three ways. (1) The parties may file a revised agreement by April 28, 2017, th at does not include a general release provision that extends beyond the claims at issue in this action. If the parties file a revised agreement, the Court will, at that time, assess the fairness and reasonableness of the proposed settlement . (2) The parties may file a joint letter by April 28, 2017, that indicates their intention to abandon settlement and to continue to litigate this matter. If they do so, the Court will set a next conference in this matter, which will serv e as a pre-motion conference for potential motions for summary judgment. (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 parties may settle such cases and dismiss without prejudice without approval of the district court or the Department of Labor). (Signed by Judge Paul A. Engelmayer on 4/11/2017) (ap)