Opinion
1:21-cv-00191-MKV
06-10-2021
MARK RUBENSTEIN, Plaintiff, v. K2 PRINCIPAL FUND, L.P., et al, Defendants, and SIMPLICITY ESPORTS & GAMING CO. f/k/a SMASH ENTERTAINMENT, INC. f/k/a I-AM CAPITAL ACQUISITION CO. Nominal Defendant.
ORDER OF DISMISSAL
MARY KAY VYSKOCIL, United States District Judge
The Court is in receipt of a letter from Defendants informing the Court that the parties have reached a settlement in principle [ECF No. 21]. 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 9, 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).
The Clerk of Court respectfully is requested to close all open motions in this case.
SO ORDERED.