Weiss v. Piuggi, Sr. et al

Filing 17

ORDER OF DISCONTINUANCE: On October 7, 2020, the parties informed the Court that they have reached a settlement in this case. (Dkt. #16). Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and withou t costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their ownStipulation of Settlement and Dismissal for the Court to So Order. Otherwise,within such time Plaintiff may apply by lett er for restoration of the action to theactive calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court sh all 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 ten (10) days of the application, to schedule remaining pretrial pro ceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/12/2020) (rro)

Case 1:20-cv-05413-KPF Document 17 Filed 10/12/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NICHOLAS WEISS,
Plaintiff,
-v.JACK PIUGGI, SR., JP DERIVATIVES,
LLC, and PIUGGI CAPITAL, LLC,

20 Civ. 5413 (KPF)
ORDER
OF DISCONTINUANCE

Defendants.
KATHERINE POLK FAILLA, District Judge:
On October 7, 2020, the parties informed the Court that they have
reached a settlement in this case. (Dkt. #16). Accordingly, it is hereby:
ORDERED that this action be conditionally discontinued without
prejudice and without costs; provided, however, that within thirty (30) days of
the date of this Order, the parties may submit to the Court their own
Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise,
within such time Plaintiff may apply by letter for restoration of the action to the
active calendar of this Court in the event that the settlement is not
consummated. Upon such application for reinstatement, the parties 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 ten (10) days of the application, to schedule remaining pretrial
proceedings and/or dispositive motions, as appropriate. This Order shall be

Case 1:20-cv-05413-KPF Document 17 Filed 10/12/20 Page 2 of 2

deemed a final discontinuance of the action with prejudice in the event that
Plaintiff has not requested restoration of the case to the active calendar within
such 30-day period.
The Clerk of Court is directed to terminate all pending motions, adjourn
all remaining dates, and close this case.
SO ORDERED.
Dated: October 12, 2020
New York, New York
KATHERINE POLK FAILLA
United States District Judge