C.P. et al v. New York City Department of Education

Filing 21

ORDER OF DISCONTINUANCE: Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within forty-five (45) days of the date of this Order, the parties may submit t o the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiffs may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear b efore the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuanc e of the action with prejudice in the event that Plaintiffs have not requested restoration of the case to the active calendar within such 45-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/26/2024) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
C.P., individually and on behalf of their
son, J.P., and J.P., individually and on
behalf of their son, J.P.,
Plaintiffs,
-v.-

24 Civ. 2353 (KPF)
ORDER OF DISCONTINUANCE

NEW YORK CITY DEPARTMENT OF
EDUCATION,
Defendant.
KATHERINE POLK FAILLA, District Judge:
By letter dated November 26, 2024, the parties reported to the Court that
they have reached a settlement in principle in this case. Accordingly, it is
hereby:
ORDERED that this action be conditionally discontinued without
prejudice and without costs; provided, however, that within forty-five (45) days
of the date of this Order, the parties may submit to the Court their own
Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise,
within such time Plaintiffs may apply by letter for restoration of the action to
the active calendar of this Court in the event that the settlement is not
consummated. Upon such application for reinstatement, the parties shall
continue to be subject to the Court’s jurisdiction, the Court shall promptly
reinstate the action to its active docket, and the parties shall be directed to
appear before the Court, without the necessity of additional process, on a date
within ten (10) days of the application, to schedule remaining pretrial

proceedings and/or dispositive motions, as appropriate. This Order shall be
deemed a final discontinuance of the action with prejudice in the event that
Plaintiffs have not requested restoration of the case to the active calendar
within such 45-day period.
The Clerk of Court is directed to terminate all pending motions, adjourn
all remaining dates, and close this case.
SO ORDERED.
Dated: November 26, 2024
New York, New York
KATHERINE POLK FAILLA
United States District Judge

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