Loadholt v. 101Phones, Inc.

Filing 9

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. 8]. Accordingly, IT IS HEREBY ORDERED that the above-captioned action is disconti nued 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 b y October 12, 2022. 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). SO ORDERED. (Motions due by 10/12/2022.) (Signed by Judge Mary Kay Vyskocil on 8/2/2022) (kv)

Case 1:22-cv-04601-MKV Document 9 Filed 08/02/22 Page 1 of 1
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 8/2/2022

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CHRISTOPHER LOADHOLT, on behalf of himself
and all others similarly situated,
Plaintiff,

1:22-cv-4601-MKV

-against-

ORDER OF DISMISSAL

101PHONES, INC.,
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. 8]. 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 12, 2022. 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).

SO ORDERED.
Date: August 2, 2022
New York, NY

_________________________________
MARY KAY VYSKOCIL
United States District Judge