Breaking Media, Inc. v. Jowers

Filing 47

ORDER OF DISCONTINUANCE: By letter dated August 11, 2021, the parties reported to the Court that they have reached a resolution in principle in this case. (Dkt. #45). Accordingly, it is hereby: ORDERED that this action be conditionally discontinue d 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 su ch time Respondent may apply by letter for restoration of its notice of appeal in the event that the settlement is not consummated. Upon such application for reinstatement, the Court shall promptly reinstate the notice of appeal. 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. To the extent not already done, 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 8/12/2021) (rro)

Case 1:21-mc-00194-KPF Document 47 Filed 08/12/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
BREAKING MEDIA, INC.,
Petitioner,
-v.-

21 Misc. 194 (KPF)
ORDER OF DISCONTINUANCE

EVAN P. JOWERS,
Respondent.
KATHERINE POLK FAILLA, District Judge:

By letter dated August 11, 2021, the parties reported to the Court that
they have reached a resolution in principle in this case. (Dkt. #45).
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 Respondent may apply by letter for restoration of its notice of
appeal in the event that the settlement is not consummated. Upon such
application for reinstatement, the Court shall promptly reinstate the notice of
appeal. 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.
To the extent not already done, the Clerk of Court is directed to
terminate all pending motions, adjourn all remaining dates, and close this
case.

Case 1:21-mc-00194-KPF Document 47 Filed 08/12/21 Page 2 of 2

SO ORDERED.
Dated: August 12, 2021
New York, New York
KATHERINE POLK FAILLA
United States District Judge

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