von der Schmidt et al v. Higgins et al

Filing 40

ORDER: The Court having been advised that the parties have reached a settlement in principle (Dkt. No. 39), it is ORDERED that all court dates are hereby adjourned, and the above-entitled action is hereby dismissed and discontinued without costs, without prejudice to Plaintiffs' 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 within 30 days of this Order; any application to re open 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 s ame 30-day period to be "so ordered" by the Court. Any proposed order approving the settlement agreement that seeks the Court's continued jurisdiction should either (1) expressly state that the Court retains jurisdiction to enforce the agreement or (2) incorporate the terms of the settlement agreement in the order. The Clerk of Court is respectfully directed to terminate all deadlines and to close this case. The Clerk is further directed to mail a copy of this Order to Plaintiffs at the address indicated on the docket. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 3/12/2025) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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EDWARD M. VON DER SCHMIDT and
KEANNA NGO,
-against-

Plaintiffs,

24 Civ. No. 3462 (GS)
ORDER

TOM HIGGINS and SILVERSTEIN
PROPERTIES,
Defendants.
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GARY STEIN, United States Magistrate Judge:
The Court having been advised that the parties have reached a settlement in principle
(Dkt. No. 39), it is ORDERED that all court dates are hereby adjourned, and the above-entitled
action is hereby dismissed and discontinued without costs, without prejudice to Plaintiffs’ 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 within 30 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 30-day period to be "so
ordered" by the Court. Any proposed order approving the settlement agreement that seeks the
Court's continued jurisdiction should either (1) expressly state that the Court retains jurisdiction
to enforce the agreement or (2) incorporate the terms of the settlement agreement in the order.
The Clerk of Court is respectfully directed to terminate all deadlines and to close this
case. The Clerk is further directed to mail a copy of this Order to Plaintiffs at the address
indicated on the docket.

SO ORDERED.
DATED:

New York, New York
March 12, 2025

______________________________
The Honorable Gary Stein
United States Magistrate Judge

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