Melendez v. Lopez et al

Filing 11

ORDER OF DISMISSAL: The Court is in receipt of a letter filed by Defendants 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 wi thout costs to any party and without prejudice to restoring the action to this Court's calendar if the parties are unable to memorialize theirsettlement in writing and as long as the application to restore the action is made by September 1, 2022 . Should the Parties seek to reopen the matter, they must respond to the Order to Show Cause filed at ECF No. 9. If no such application is made by September 1, 2022, 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). SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/01/2022) (ama)

Case 1:22-cv-03092-MKV Document 11 Filed 08/01/22 Page 1 of 1
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 8/1/2022

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CARMEN MELENDEZ,
Plaintiff,
-against-

1:22-cv-3092-MKV

MARCOS O. LOPEZ and NAVARRO TRUCKING
LLC,

ORDER OF DISMISSAL

Defendants.
MARY KAY VYSKOCIL, United States District Judge:
The Court is in receipt of a letter filed by Defendants 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 September 1,
2022. Should the Parties seek to reopen the matter, they must respond to the Order to Show Cause
filed at ECF No. 9. If no such application is made by September 1, 2022, 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).

SO ORDERED.
Date: August 1, 2022
New York, NY

_________________________________
MARY KAY VYSKOCIL
United States District Judge