Bautista et al v. Banks et al

Filing 42

ORDER OF DISMISSAL The Court having been advised that all claims asserted herein have been settled in principle, see Dkt. No. 41, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs (including at torneys' fees) 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 appl ication 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 d eadline 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 canceled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Margaret M. Garnett on 9/25/2024) (jca)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 9/25/2024 LEONARDA BAUTISTA, Plaintiff, 23-CV-07366 (MMG) -against- ORDER OF DISMISSAL DAVID C. BANKS et al., Defendants. MARGARET M. GARNETT, United States District Judge: The Court having been advised that all claims asserted herein have been settled in principle, see Dkt. No. 41, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs (including attorneys’ fees) 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 canceled. The Clerk of Court is directed to CLOSE the case. Dated: September 25, 2024 New York, New York SO ORDERED. MARGARET M. GARNETT United States District Judge

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