Luciano v The Epilepsy Institute

Filing 41

ORDER The Court having been advised that the parties have reached a settlement in principle (ECF No. 40), it is ORDERED that the above-entitled action be and is hereby dismissed with prejudice and discontinued without costs, but without prejudi ce to the right to move to reopen the action within thirty days of the date of this Order if the settlement is not consummated. Any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter ma y be denied solely on that basis. Further, 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 within the same thirty-day period to be "so ordered" by the Court. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 1/29/2025) (ar)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LOUIS LUCIANO, Plaintiff, -v- CIVIL ACTION NO. 23 Civ. 9057 (SLC) THE EPILEPSY INSTITUTE d/b/a THE EPILEPSY FOUNDATION OF METROPOLITAN NEW YORK, ORDER Defendant. SARAH L. CAVE, United States Magistrate Judge. The Court having been advised that the parties have reached a settlement in principle (ECF No. 40), it is ORDERED that the above-entitled action be and is hereby dismissed with prejudice and discontinued without costs, but without prejudice to the right to move to reopen the action within thirty days of the date of this Order if the settlement is not consummated. Any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, 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 within the same thirty-day period to be “so ordered” by the Court. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. Dated: New York, New York January 29, 2025 SO ORDERED. _________________________ SARAH L. CAVE United States Magistrate Judge 2

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