National Coalition on Black Civic Participation et al v. Wohl et al

Filing 194

ORDER OF CONDITIONAL DISCONTINUANCE: At the request of the parties, the Court referred the case, only against Defendant Message Communications, to the Court-annexed Mediation Program on December 8, 2021. See Dkt. No. 159.On May 5, 2022, the Mediat or filed a final report notifying the Court that Plaintiffs and Message Communications reached an agreement in principle to resolve this action without further litigation, it is hereby ORDERED, that this action be conditionally discontinued, as to De fendant Message Communications, 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 Dismissal for the Court to So Order. Otherwis e, within such time counsel for 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 co ntinue 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 proc ess, on a date within ten 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 prejudi ce in the event plaintiff has not requested restoration of the case to the active calendar within such period of time. Any further conferences with the Court are canceled as to defendant Message Communications but shall be rescheduled as set forth ab ove in the event plaintiffs notify the Court that the parties' settlement was not effectuated and that such conference is necessary to resume pretrial proceedings herein. All other Defendants shall continue discovery following the Case Management Plan and any direction by Magistrate Judge Wang. (Signed by Judge Victor Marrero on 5/9/2022) (ate) Modified on 5/9/2022 (ate).

Case 1:20-cv-08668-VM-OTW Document 194 Filed 05/09/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
5/9/2022
--------------------------------------X
NATIONAL COALITION ON BLACK CIVIC
:
PARTICIPATION, ET AL.,
:
:
Plaintiffs,
:
:
20 Civ. 8668 (VM)
- against :
:
ORDER OF CONDITIONAL
JACOB WOHL, ET AL.,
:
DISCONTINUANCE
:
Defendants.
:
--------------------------------------X
VICTOR MARRERO, United States District Judge.

At the request of the parties, the Court referred the case,
only

against

Defendant

Message

Communications,

to

the

Court-

annexed Mediation Program on December 8, 2021. See Dkt. No. 159.
On May 5, 2022, the Mediator filed a final report notifying the
Court

that

Plaintiffs

and

Message

Communications

reached

an

agreement in principle to resolve this action without further
litigation, it is hereby
ORDERED, that this action be conditionally discontinued, as
to Defendant Message Communications, 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 Dismissal for the Court to So Order. Otherwise,
within such time counsel for 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

Case 1:20-cv-08668-VM-OTW Document 194 Filed 05/09/22 Page 2 of 2

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/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.
Any further conferences with the Court are canceled as to
defendant Message Communications but shall be rescheduled as set
forth above in the event plaintiffs notify the Court that the
parties’ settlement was not effectuated and that such conference
is necessary to resume pretrial proceedings herein. All other
Defendants shall continue discovery following the Case Management
Plan and any direction by Magistrate Judge Wang.
SO ORDERED.
Dated:

NEW YORK, NEW YORK
9 May 2022

_______________________
____________ __________
____________ _ ____
VICTOR MARRERO
VICTOR ARRER
VICTOR MARRERO
U.S.D.J.
U.S.
U.S.D.J
U.S.D.J.