Zalewski v. Virgin Enterprises Limited et al

Filing 13

ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the rig ht to reopen the action within forty-five days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within forty-five days of this Order; any application to reopen filed thereafter may b e denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same forty-five day period to b e "so ordered" by the Court. Unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/18/2022) (ama)

Case 1:22-cv-04815-PKC Document 13 Filed 09/18/22 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
DAVID ZALEWSKI,
:
:
Plaintiff(s),
:
:
-v:
:
VIRGIN ENTERPRISES LIMITED, et al.,
:
:
Defendant(s).
:
:
---------------------------------------------------------------------- X

22-cv- 4815 (PKC)
ORDER OF DISMISSAL

CASTEL, U.S.D.J.:
The Court having been advised that all claims asserted herein have been settled in
principle, it is ORDERED that the above-entitled action be and is hereby dismissed and
discontinued without costs, and without prejudice to the right to reopen the action within
forty-five days of the date of this Order if the settlement is not consummated.
To be clear, any application to reopen must be filed within forty-five days of this Order;
any application to reopen filed thereafter may be denied solely on that basis. Further, if the
parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement
agreement, they must submit the settlement agreement to the Court within the same forty-five
day period to be “so ordered” by the Court. Unless the Court orders otherwise, the Court will not
retain jurisdiction to enforce a settlement agreement unless it is made part of the public record.
Any pending motions are moot. All conferences are vacated. The Clerk of Court is
directed to close the case.
SO ORDERED.

Dated: New York, New York
September 18, 2022