Building Service 32BJ Health Fund v. Sovereign Security LLC

Filing 11

ORDER OF DISMISSAL: The Court is in receipt of a letter filed by Plaintiff informing the Court that the parties have reached a settlement in principle [ECF No. 10]. Accordingly, IT IS HEREBY ORDERED that the above-captioned action is discontinu ed without costs to any party and without prejudice to restoring the action to this Court's calendar if the parties are unable to memorialize their settlement in writing and as long as the application to restore the action is made by October 8, 2021. If no such application is made by that date, todays dismissal of the action is with prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004). The initial pre-trial conference scheduled for September 14, 2021 at 10:00 AM is adjourned sine die. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/8/2021) (va)

Case 1:21-cv-04098-MKV Document 11 Filed 09/08/21 Page 1 of 1
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
UNITED STATES DISTRICT COURT
DATE FILED: 9/8/2021
SOUTHERN DISTRICT OF NEW YORK
BUILDING SERVICE 32BJ HEALTH FUND,
Plaintiff,

1:21-cv-4098-MKV

-against-

ORDER OF DISMISSAL

SOVEREIGN SECURITY LLC,
Defendant.
MARY KAY VYSKOCIL, United States District Judge:

The Court is in receipt of a letter filed by Plaintiff informing the Court that the parties have
reached a settlement in principle [ECF No. 10]. Accordingly, IT IS HEREBY ORDERED that the
above-captioned action is discontinued without costs to any party and without prejudice to
restoring the action to this Court’s calendar if the parties are unable to memorialize their settlement
in writing and as long as the application to restore the action is made by October 8, 2021. If no
such application is made by that date, today’s dismissal of the action is with prejudice. See Muze,
Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004). The initial pre-trial
conference scheduled for September 14, 2021 at 10:00 AM is adjourned sine die.

SO ORDERED.
Date: September 8, 2021
New York, NY

_________________________________
MARY KAY VYSKOCIL
United States District Judge