Damas et al. v. Oil Creek Plastics Inc et al.

Filing 58

ORDER: Accordingly, it is hereby ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Sti pulation of Settlement and Dismissal. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstat ement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional pr ocess, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintif f has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is further directed to terminate all pending motions, adjourn all remaining dates, and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/24/2024) (sgz)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
PERCY J DAMAS, et al.,
:
:
Plaintiffs, :
:
-v :
:
OIL CREEK PLASTICS INC,
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:
Defendant.
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:
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GREGORY H. WOODS, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 9/24/2024

1:23-cv-01370-GHW
ORDER

By letter dated September 24, 2024, the parties have informed the Court that this case has
settled. Accordingly, it is hereby ORDERED that this action be conditionally discontinued without
prejudice and without costs; provided, however, that within thirty (30) days of the date of this
Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal.1
Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active
calendar of this Court in the event that the settlement is not consummated. Upon such application
for reinstatement, the parties shall continue to be subject to the Court’s jurisdiction, the Court shall
promptly reinstate the action to its active docket, and the parties shall be directed to appear before
the Court, without the necessity of additional process, on a date within ten (10) days of the
application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate.
This Order shall be deemed a final discontinuance of the action with prejudice in the event that
Plaintiff has not requested restoration of the case to the active calendar within such 30-day period.

1

As explained in Rule 4(E) of the Court’s Individual Rules of Practice in Civil Cases, the Court will not retain
jurisdiction to enforce confidential settlement agreements. If the parties wish that the Court retain
jurisdiction to enforce the agreement, the parties must place the terms of their settlement agreement on the
public record.

The Clerk of Court is further directed to terminate all pending motions, adjourn all
remaining dates, and to close this case.
SO ORDERED.
Dated: September 24, 2024
New York, New York

__________________________________
GREGORY H. WOODS
United States District Judge

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