Phillies v. Harrison/Erickson, Incorporated et al

Filing 170

CORRECTED CONDITIONAL ORDER OF DISCONTINUANCE WITHOUT PREJUDICE: it is herebyORDERED, that this action be conditionally discontinued without prejudice and without costs. Within 30 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. Any application for restoration of the action to the active calendar of this Court must be made by letter within 30 days of the date of this order. Upon such notification, the defend ant(s) 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 10 days of the plaintiff's application for reinstatement, to 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 plaintiff has not requested restoration of the case to the active calendar within such period of time. The Clerk of Court is respectfully requested to terminate any pending motions and to close this case. So Ordered (Signed by Judge Victor Marrero on 8/8/2021) (js)

Case 1:19-cv-07239-VM-SN Document 170 Filed 10/08/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------X
JAMES FORTUNE,
:
:
Plaintiff,
:
:
-against:
:
HYATT CORPORATION,
:
:
:
Defendants
:
---------------------------------X

10/08/2021
19 Civ. 7239 (VM)
CONDITIONAL
ORDER OF DISCONTINUANCE
WITHOUT PREJUDICE

VICTOR MARRERO, U.S.D.J.:
Magistrate Judge Netburn, to whom this case was referred for a
report and recommendation on the various summary judgment motions and a
settlement conference, having informed the Court that the parties had
reached an agreement in principle to settle this action without further
litigation, it is hereby
ORDERED, that this action be conditionally discontinued without
prejudice and without costs. Within 30 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. Any application for restoration of the action
to the active calendar of this Court must be made by letter within 30
days of the date of this order. Upon such notification, the defendant(s)
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

additional
application

to

appear

process,
for

on

before
a

the

date

reinstatement,

Court,

within
to

10

without
days

schedule

of

the

necessity

the

remaining

of

plaintiff’s
pre-trial

proceedings and/or dispositive motions, as appropriate. This Order shall

Case 1:19-cv-07239-VM-SN Document 170 Filed 10/08/21 Page 2 of 2

be deemed a final discontinuance of the action with prejudice in the
event plaintiff has not requested restoration of the case to the active
calendar within such period of time.
The Clerk of Court is respectfully requested to terminate any
pending motions and to close this case.
SO ORDERED.
Dated:

NEW YORK, NEW YORK
08 October 2021