Oliver v. The City Of New York et al

Filing 123

ORDER OF DISMISSAL: The Court is in receipt of a letter filed by Plaintiff informing the Court that the parties have reached a settlement in principle. [ECF No. 121]. Accordingly, IT IS HEREBY ORDERED that the above-captioned action is discontin ued 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 writing and as long as the application to restore the action is made by February 17, 2023. 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). SO ORDERED. ( Motions due by 2/17/2023.) (Signed by Judge Mary Kay Vyskocil on 1/17/2023) (tg)

Case 1:19-cv-02321-MKV-KHP Document 123 Filed 01/17/23 Page 1 of 1
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 1/17/2023

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DARLENE OLIVER,
Plaintiff,

1:19-cv-02321-MKV

-against-

ORDER OF DISMISSAL

CITY OF NEW YORK, et al.,
Defendants.
MARY KAY VYSKOCIL, United States District Judge:

The Court is in receipt of a letter filed by Plaintiff informing the Court that the parties have
reached a settlement in principle. [ECF No. 121]. 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 writing and as long as the application to restore the action is made by February 17, 2023. 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).

SO ORDERED.
Date: January 17, 2023
New York, NY

_________________________________
MARY KAY VYSKOCIL
United States District Judge