Bishop v. Nutrawise Corporation et al

Filing 15

ORDER OF DISCONTINUANCE: 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 th e Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiffs may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is n ot 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 bef ore 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 deemed a final discontinuance of the action with prejudice in the event that Plaintiffs have 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. (Signed by Judge Katherine Polk Failla on 2/16/2021) (nb)

Case 1:20-cv-09138-KPF Document 15 Filed 02/16/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CEDRIC BISHOP, on behalf of himself
and all other persons similarly
situated,
Plaintiffs,
-v.NUTRAWISE CORPORATION and
NUTRAWISE HEALTH & BEAUTY
CORPORATION,

20 Civ. 9138 (KPF)
ORDER OF DISCONTINUANCE

Defendants.
KATHERINE POLK FAILLA, District Judge:
By letter dated February 12, 2021, the parties reported to the Court that
they have reached a settlement in this case. 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 Plaintiffs 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-09138-KPF Document 15 Filed 02/16/21 Page 2 of 2

deemed a final discontinuance of the action with prejudice in the event that
Plaintiffs have 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: February 16, 2021
New York, New York
KATHERINE POLK FAILLA
United States District Judge

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