Opinion
1:21-cv-08838-MKV
12-29-2021
ARTURO ESTEVEZ, Individually, and On Behalf of All Others Similarly Situated Plaintiff, v. EPIC ETAILERS, LLC, Defendant.
ORDER OF DISMISSAL
MARY KAY VYSKOCIL UNITED STATES DISTRICT JUDGE
The Court is in receipt of a letter filed by Plaintiff informing the Court that the parties have reached a settlement in principle [ECF No. 7]. Accordingly, IT IS HEREBY ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the parties are unable to memorialize their settlement in writing and as long as the application to restore the action is made by January 29, 2022. If no such application is made by that date, today's dismissal of the action is with prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004).
SO ORDERED. 1