Klauber Brothers, Inc. v. Walmart, Inc. et al

Filing 19

ORDER: Motions terminated: 18 LETTER MOTION to Adjourn Conference /i> addressed to Judge Paul G. Gardephe from Laura M. Zaharia dated January 17, 2023. filed by Klauber Brothers, Inc.., The Court having been advised that all claim s asserted herein against Defendant Walmart Inc. have been settled (see Dkt. No. 18), it is ORDERED that Plaintiff's claims against Walmart be, and hereby are, dismissed with prejudice but without costs; provided, however, that if the settleme nt is not consummated within forty-five days of this order, either party may apply by letter within the forty-five-day period for restoration of Walmart as a Defendant, in which event Walmart will be restored as a Defendant. As to Walmart only, an y pending dates and deadlines are adjourned sine die, and any pending motions are moot. The Clerk of Court is directed not to close the case. Plaintiff will file an amended complaint by February 1, 2023. The conference scheduled for January 19, 202 3 is adjourned to March 2, 2023 at 10:00 a.m. SO ORDERED (Signed by Judge Paul G. Gardephe on 1/18/2023) Walmart, Inc. (a Delaware corporation) terminated. ( Amended Pleadings due by 2/1/2023., Initial Conference set for 3/2/2023 at 10:00 AM before Judge Paul G. Gardephe.) (ks)

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Case 1:22-cv-08087-PGG Document 19 Filed 01/18/23 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KLAUBER BROTHERS, INC., Plaintiff, ORDER - against 22 Civ. 8087 (PGG) WALMART INC., et al., Defendants. PAUL G. GARDEPHE, U.S.D.J.: The Court having been advised that all claims asserted herein against Defendant Walmart Inc. have been settled (see Dkt. No. 18), it is ORDERED that Plaintiff’s claims against Walmart be, and hereby are, dismissed with prejudice but without costs; provided, however, that if the settlement is not consummated within forty-five days of this order, either party may apply by letter within the forty-five-day period for restoration of Walmart as a Defendant, in which event Walmart will be restored as a Defendant. As to Walmart only, any pending dates and deadlines are adjourned sine die, and any pending motions are moot. The Clerk of Court is directed not to close the case. Plaintiff will file an amended complaint by February 1, 2023. The conference scheduled for January 19, 2023 is adjourned to March 2, 2023 at 10:00 a.m. Dated: New York, New York January 18, 2023 SO ORDERED. ____________________________ Paul G. Gardephe United States District Judge

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