Newton v. The Walt Disney Company et al

Filing 64

CONDITIONAL ORDER OF DISCONTINUANCE WITHOUT PREJUDICE: it is hereby ORDERED that this action shall remain conditionally discontinued without prejudice and without costs; provided, however, that within thirty days of the date of this Order, t he parties may submit to the Court their own Stipulation of Dismissal for the Court to So Order. Otherwise, within such time the plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event by the deadline indicated the settlement is not consummated. Upon such notification, the defendants shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action and any pending motions 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 days of the plaintiff's application for reinstatement, to schedule remaining pre-trial proceedings and/o r dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event the plaintiff has not requested restoration of the case to the active calendar within such period of time. So Ordered. (Signed by Judge Victor Marrero on 8/19/2020) (js)

Case 1:19-cv-02872-VM-SN Document 64 Filed 08/19/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------X
KERIN NEWTON
:
:
Plaintiff,
:
:
-against:
:
DISNEY CONSUMER PRODUCTS, INC., :
et al.,
:
:
Defendants
:
---------------------------------X
VICTOR MARRERO, U.S.D.J.:

8/19/2020

19 Civ. 02872(VM)
CONDITIONAL
ORDER OF DISCONTINUANCE
WITHOUT PREJUDICE

The parties having notified the Court, by letter dated
August 14, 2020 (see Dkt. No. 63), that they are negotiating
a final settlement agreement, it is hereby
ORDERED that this action shall remain

conditionally

discontinued without prejudice and without costs; provided,
however, that within thirty days of the date of this Order, the
parties may submit to the Court their own Stipulation of
Dismissal for the Court to So Order. Otherwise, within such time
the plaintiff may apply by letter for restoration of the action
to the active calendar of this Court in the event by the deadline
indicated

the

settlement

is

not

consummated.

Upon

such

notification, the defendants shall continue to be subject to
the Court's jurisdiction, the Court shall promptly reinstate
the action and any pending motions 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 days of the plaintiff's application for reinstatement, to

Case 1:19-cv-02872-VM-SN Document 64 Filed 08/19/20 Page 2 of 2

schedule remaining pre-trial proceedings and/or dispositive
motions, as appropriate. This Order shall be deemed a final
discontinuance of the action with prejudice in the event the
plaintiff has not requested restoration of the case to the
active calendar within such period of time.
SO ORDERED:
Dated:

New York, New York
19 August 2020
_______________________
Victor Marrero
U.S.D.J.