N.S. et al v. New York City Department of Education

Filing 12

ORDER OF DISMISSAL: The Court is in receipt of a letter from the defendant stating that the parties have reached a settlement in principle [ECF No. 11]. Accordingly, IT IS HEREBY ORDERED that the above-captioned action is discontinued without cos ts 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 June 9, 2024. If no su ch 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 6/9/2024.) (Signed by Judge Mary Kay Vyskocil on 5/9/2024) (tg)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 5/9/2024

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
N.S., individually and on behalf of A.S.,
Plaintiff,

1:24-cv-374 (MKV)

-against-

ORDER OF DISMISSAL

NEW YORK CITY DEPARTMENT OF
EDUCATION,
Defendant.
MARY KAY VYSKOCIL, United States District Judge:

The Court is in receipt of a letter from the defendant stating that the parties have reached a
settlement in principle [ECF No. 11]. 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 June 9, 2024. 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: May 9, 2024
New York, NY

_________________________________
MARY KAY VYSKOCIL
United States District Judge