Melito v. American Eagle Outfitters, Inc. et al

Filing 360

ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. So Ordered. (Signed by Judge Valerie E. Caproni on 5/25/2020) (js)

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Case 1:14-cv-02440-VEC Document 360 Filed 05/26/20 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------- X AMERICAN EAGLE OUTFITTERS & AEO : MANAGEMENT CO., : : Third-Party Plaintiffs, : : -against: : EXPERIAN MARKETING SOLUTIONS, INC., : : Third-Party Defendant. : -------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 5/26/2020 14-CV-2440 (VEC) ORDER WHEREAS on May 22, 2020, the Court was notified by the Magistrate Judge Netburn that the parties have reached an agreement in principle resolving all issues; IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys’ fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the parties’ settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 6.A of the Court’s Individual Practices and (2) a Page 1 of 2 Case 1:14-cv-02440-VEC Document 360 Filed 05/26/20 Page 2 of 2 request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). SO ORDERED. Date: May 25, 2020 New York, NY _________________________________ VALERIE CAPRONI United States District Judge Page 2 of 2

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