Batista v. New York Police Department et al
Filing
147
ORDER: Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Up on such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, wit hout the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action wit h prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/4/2022) (rro)
Case 1:17-cv-01994-KPF Document 147 Filed 05/04/22 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SHAMIR BATISTA,
Plaintiff,
-v.DET. MICHEAL LECLAIR, Shield No. 5045,
17 Civ. 1994 (KPF)
ORDER
Defendant.
KATHERINE POLK FAILLA, District Judge:
By letter dated May 4, 2022, the parties reported to the Court that they
have reached a settlement in this case. (Dkt. #144). Accordingly, it is hereby:
ORDERED that this action be conditionally discontinued without
prejudice and without costs; provided, however, that within thirty (30) days of
the date of this Order, the parties may submit to the Court their own
Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise,
within such time Plaintiff may apply by letter for restoration of the action to the
active calendar of this Court in the event that the settlement is not
consummated. Upon such application for reinstatement, the parties shall
continue to be subject to the Court’s jurisdiction, the Court shall promptly
reinstate the action to its active docket, and the parties shall be directed to
appear before the Court, without the necessity of additional process, on a date
within ten (10) days of the application, to schedule remaining pretrial
proceedings and/or dispositive motions, as appropriate. This Order shall be
deemed a final discontinuance of the action with prejudice in the event that
Case 1:17-cv-01994-KPF Document 147 Filed 05/04/22 Page 2 of 2
Plaintiff has not requested restoration of the case to the active calendar within
such 30-day period.
The Clerk of Court is directed to terminate all pending motions, adjourn
all remaining dates, and close this case.
SO ORDERED.
Dated: May 4, 2022
New York, New York
KATHERINE POLK FAILLA
United States District Judge
2
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