A new twist in the ongoing lawsuit against Gawker by a group of former unpaid interns. Hanchen Lu, one of the three remaining plaintiffs, has agreed to voluntarily drop his claim…
…and to the dismissal of all of Lu’s claims as set forth in the Complaint. Plaintiff Lu also agrees to opt out of any plaintiff class hereafter certified pursuantto Fed. R. Civ. P. 23. Plaintiff Lu has made a voluntary decision, free from any coercion, to dismiss his claims with prejudice and to discontinue his participation in this action. Plaintiff Lu acknowledges that by doing so he is giving up any right to recovery under the Fair Labor Standards Act (“FLSA”) and New York law, including claims for liquidated damages, costs, and attorneys’ fees.
The move follows an attempt by Gawker’s attorneys over the past week to have the entire case thrown out due to Lu’s unwillingness to make himself available for deposition. In a “Motion for Sanctions” on June 19th, attorneys Proskauer wrote:
Gawker fully recognizes that depositions should be scheduled cooperatively, and that often some negotiation and even change of agreed dates may be required. Plaintiff Lu’s failures, however, go well beyond such normal exchanges.