Noel v. The City of New York et al

Filing 86

ORDER OF DISMISSAL: The Court is in receipt of a joint letter filed by Defendant on behalf of the parties informing the Court that the parties have reached a settlement in principle. [ECF No. 85]. 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 t he action is made by February 27, 2025. 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 2/27/2025.) (Signed by Judge Mary Kay Vyskocil on 1/28/2025) (tg)

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USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 1/28/2025 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK GORDON NOEL, Plaintiff, 23-cv-3082 (MKV) -againstORDER OF DISMISSAL THE CITY OF NEW YORK, Defendant. MARY KAY VYSKOCIL, United States District Judge: The Court is in receipt of a joint letter filed by Defendant on behalf of the parties informing the Court that the parties have reached a settlement in principle. [ECF No. 85]. 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 February 27, 2025. 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: January 28, 2025 New York, NY _________________________________ MARY KAY VYSKOCIL United States District Judge

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