Cruz v. My Sweet Muffin, LLC

Filing 18

ORDER OF DISMISSAL: The Court is in receipt of a letter informing the Court that the parties have reached a settlement in principle. [ECF No. 17]. 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 December 13, 2023. 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). Any request for an extension shall be made by letter filed on ECF and must be received at least 48 hours before the deadline. SO ORDERED. ( Motions due by 12/13/2023.) (Signed by Judge Mary Kay Vyskocil on 11/13/2023) (tg)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 11/13/2023

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ALISON MICHELE CRUZ, on behalf of herself
and all others similarly situated,
Plaintiff,

1:23-cv-05418 (MKV)

-against-

ORDER OF DISMISSAL

MY SWEET MUFFIN, LLC,
Defendant.
MARY KAY VYSKOCIL, United States District Judge:
The Court is in receipt of a letter informing the Court that the parties have reached a
settlement in principle. [ECF No. 17]. Accordingly, IT IS HEREBY ORDERED that the abovecaptioned 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 December 13, 2023. 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). Any request for an extension
shall be made by letter filed on ECF and must be received at least 48 hours before the deadline.

SO ORDERED.
Date: November 13, 2023
New York, NY

_________________________________
MARY KAY VYSKOCIL
United States District Judge