Beverly Hills Teddy Bear Company v. Best Brands Consumer Products, Inc. et al

Filing 309

ORDER OF DISMISSAL.... The Court having been advised that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. If the settlement is not consummated, the parties should be prepared to go to trial on June 24, 2024. To be clear, any application t o reopen must be filed by the aforementioned deadline; any application to reopen 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 9.B of the Court's Indiv idual 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. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. ( Ready for Trial by 6/24/2024.) (Signed by Judge Arun Subramanian on 4/10/2024) (vfr)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BEVERLY HILLS TEDDY BEAR COMPANY, Plaintiff, 19-CV-3766 (AS) -againstBEST BRANDS CONSUMER PRODUCTS, INC., et al., ORDER OF DISMISSAL Defendants. ARUN SUBRAMANIAN, United States District Judge: The Court having been advised that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. If the settlement is not consummated, the parties should be prepared to go to trial on June 24, 2024. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen 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 9.B of the Court’s Individual 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. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. Dated: April 10, 2024 New York, New York ARUN SUBRAMANIAN United States District Judge 2

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