Opinion
1:19-cv-11307 (SDA)
03-08-2022
Elian Cruz Morel, et al. on behalf of themselves and all others similarly situated, Plaintiffs, v. Green Castle A Mgmt. Corp. et al., Defendants.
ORDER
STEWART D. AARON, UNITED STATES MAGISTRATE JUDGE:
Currently before the Court is the parties' joint motion for settlement approval of FLSA collective action claims under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). (See Consent Letter, ECF No. 72.) Having reviewed the parties' submission and attached Settlement Agreement (ECF No. 72-1), the Court finds that it is insufficient to show that the Opt-In Plaintiffs are aware of and have consented to the settlement. See, e.g., Marichal v. Attending Home Care Servs., LLC, 432 F.Supp.3d 271, 279 (E.D.N.Y. 2020) (“[T]he named plaintiff and his counsel in a collective action cannot settle a case on behalf of an opt-in plaintiff: the affirmative assent of each opt-in plaintiff-as a party to the case-is required.”) (citing cases).
Accordingly, it is hereby Ordered that, no later than March 22, 2022, Plaintiffs' counsel shall file either: (1) a sworn declaration that each of the Opt-In Plaintiffs has consented, in writing, to the settlement; or (2) a Settlement Agreement signed by all parties, including the Opt-In Plaintiffs. Accord Stock v. Xerox Corp., 516 F.Supp.3d 308, 311 (W.D.N.Y. 2021).
SO ORDERED.