McDermott v. Bierman Apparel Corp.

Full title: MATTHEW MCDERMOTT, Plaintiff, v. BIERMAN APPAREL CORP., Defendant.

Court: United States District Court, Southern District of New York

Date published: Jun 23, 2021

1:19-cv-02012-MKV (S.D.N.Y. Jun. 23, 2021)

Opinion

1:19-cv-02012-MKV

06-23-2021

MATTHEW MCDERMOTT, Plaintiff, v. BIERMAN APPAREL CORP., Defendant.

MARY KAY VYSKOCIL, UNITED STATES DISTRICT JUDGE.

ORDER

MARY KAY VYSKOCIL, UNITED STATES DISTRICT JUDGE.

Plaintiff has filed a notice informing the Court that the parties have reached a settlement in principle [ECF No. 51]. 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 an agreement and as long as if the application to restore the action is made by July 23, 2021. 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.