Molina et al v. Huaxcuaxtla Restaurant Corp. et al

Filing 77

ORDER OF DISMISSAL: The Court having been advised by the parties that all claims asserted in this action have been settled (Dkt. 74), it is ordered that the above-entitled action be, and hereby is, dismissed without costs; provided, however, that i f the settlement is not consummated within thirty days of this Order, either party may apply by letter within that period to restore the action to the calendar. Any application to reopen must be filed within thirty days of this Order, and any appli cation to reopen filed thereafter may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction to enforce a settlement agreement, an order of the Court must be entered to that effect within the thirty day period. See H endrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015). Any pending motions are moot and shall be terminated. The Clerk of Court is respectfully directed to terminate all pending motions, vacate all remaining conference dates and other deadlines, and close this case. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/25/2021) Copies transmitted this date to all counsel of record. (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ADELA MOLINA, et al.,
:
:
Plaintiffs,
:
:
- against :
:
HUAXCUAXTLA RESTAURANT CORP., et al, :
:
Defendants.
:
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20-CV-2481 (RWL)

ORDER OF DISMISSAL

ROBERT W. LEHRBURGER, United States Magistrate Judge.
The Court having been advised by the parties that all claims asserted in this action
have been settled (Dkt. 74), it is ordered that the above-entitled action be, and hereby is,
dismissed without costs; provided, however, that if the settlement is not consummated
within thirty days of this Order, either party may apply by letter within that period to restore
the action to the calendar. Any application to reopen must be filed within thirty days of
this Order, and any application to reopen filed thereafter may be denied solely on that
basis. If the parties wish for the Court to retain jurisdiction to enforce a settlement
agreement, an order of the Court must be entered to that effect within the thirty day period.
See Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015). Any pending
motions are moot and shall be terminated. The Clerk of Court is respectfully directed to
terminate all pending motions, vacate all remaining conference dates and other
deadlines, and close this case.

2/25/2021
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SO ORDERED.

_________________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated: February 25 ,2021
New York, New York
Copies transmitted this date to all counsel of record.

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