Zayas v. JLM Venture IV LLC et al

Filing 101

ORDER: Accordingly, the Court having been advised at Dkt. No. 95 that all claims asserted herein have been settled in principle, it is hereby ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and wi thout prejudice to the right to reopen the action within 30 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed the reafter may be denied solely on that basis. 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 by the deadline to reopen to be &quo t;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 cancelled. The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Margaret M. Garnett on 6/3/2024) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
6/3/2024

EDWIN ZAYAS, Individually and on Behalf of All
Others Similarly Situated,
Plaintiff,

22-CV-09872 (MMG)

-against-

ORDER

JLM VENTURE IV LLC, et al.,
Defendants.

MARGARET M. GARNETT, United States District Judge:
On May 24, 2024, the Court ordered the parties to file a letter regarding the finalization of
their settlement in principle (see Dkt. No. 95) and/or their settlement agreement should they wish
the Court to retain jurisdiction for the purposes of enforcing the settlement agreement, no later than
May 30, 2024. See Dkt. No. 100. To date, the parties have not filed such a letter or a settlement
agreement.
Accordingly, the Court having been advised at Dkt. No. 95 that all claims asserted herein
have been settled in principle, it is hereby 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 30 days of the date of this Order if the settlement is not consummated.
To be clear, any application to reopen must be filed by the aforementioned deadline; any
application to reopen filed thereafter may be denied solely on that basis.
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 by the deadline to
reopen 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 cancelled. The Clerk of Court is
respectfully directed to close the case.
Dated: June 3, 2024
New York, New York
SO ORDERED.

MARGARET M. GARNETT
United States District Judge