Opinion
23-CV-9325 (JMF)
01-02-2024
LILIT MURADYAN, Plaintiff, v. EQUIFAX INFORMATION SERVICES, LLC et al., Defendants.
ORDER OF DISMISSAL
JESSE M. FURMAN, UNITED STATES DISTRICT JUDGE:
The Court having been advised at ECF Nos. 23, 24, 25, and 26 that all claims asserted against Defendants American Express Company, TD Bank USA, N.A., JP Morgan Chase Financial Company LLC, and BMW Financial Services NA, LLC, have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED as to these Defendants and discontinued without costs, and without prejudice to the right to reopen the action against these Defendants within sixty days of the date of this Order if the settlements are not consummated.
To be clear, any application to reopen the case against these Defendants must be filed by the aforementioned deadline ; any such application filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted.
If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be “so ordered” by the Court. Per Paragraph 5.B of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record.
In light of the above, Defendant JP Morgan Chase's motion to dismiss, ECF No. 20, is hereby DENIED as moot, and all deadlines set forth in the Court's December 27, 2023 Order, ECF No. 28, are hereby VACATED. The Clerk of Court is directed to terminate Defendants American Express Company, TD Bank USA, N.A., JP Morgan Chase Financial Company LLC, and BMW Financial Services NA, LLC, and to terminate ECF No. 20.
SO ORDERED.