Opinion
1:23-cv-07562-MKV
01-12-2024
JACQUELINE CLAY, Plaintiff, v. EXPERIAN INFORMATION SOLUTIONS, INC., EQUIFAX INFORMATION SERVICES, LLC, TRANS UNION LLC, KOHLS DEPARTMENT STORES, INC., BURLINGTON STORES, INC., and NISSAN NORTH AMERICA, INC., Defendants.
ORDER OF DISMISSAL AGAINST DEFENDANT BURLINGTON STORES, INC.
MARY KAY VYSKOCIL, UNITED STATES DISTRICT JUDGE
The Court is in receipt of a letter filed by Plaintiff informing the Court that Plaintiff and Defendant Burlington Stores Inc. (“Burlington”) only have reached a settlement in principle [ECF No. 61]. Accordingly, IT IS HEREBY ORDERED that the above-captioned action is discontinued against Defendant Burlington only without costs to either party and without prejudice to restoring the action against Defendant Burlington to this Court's calendar if Plaintiff and Defendant Burlington are unable to memorialize their settlement in writing and as long as the application to restore the action is made by February 12, 2024. If no such application is made by that date, today's dismissal against Defendant Burlington only is with prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004).
SO ORDERED.