DOCUMENT | ELECTRONICALLY FILER UNITED STATES DISTRICT couRT|DOC#:____. SOUTHERN DISTRICT OF NEW YORKDATE FILED: KEVIN SHULMAN, et al., : 17 Civ. 9330(VvM) Plaintiffs, : CONDITIONAL - against - 3 ORDER OF DISCONTINUANCE : WITHOUT PREJUDICE BECKER & POLIAKOFF, LLP, et al., ; Defendants. : eX VICTOR MARRERO, United States District Judge. Counsel for defendants, on behalf of the parties, having notified the Court, by letter dated February 3, 2020, a copy of which is attached, that the parties have reached an agreement in principle to resolve this action without further litigation, it is hereby ORDERED, that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of 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 by the deadline indicated the settlement is not consummated. Upon such notification, the defendants shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action and any pending motions 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

days of the plaintiffs’ application for reinstatement, to schedule remaining pre-trial 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 period of time. Any further conferences with the Court scheduled are canceled but shall be rescheduled as set forth above in the event plaintiffs notify the Court that the parties’ settlement was not effectuated and that such conference is necessary to resume pretrial proceedings herein. The Clerk of Court is directed to terminate any pending motions and to close this case. SO ORDERED. Dated: NEW YORK, NEW YORK 04 February 2020

VICTOR MARRERO U. oD.

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Ne eA ee et i 8 te we Ne Vee et fee ee ct EE er □□ le eS Fee ON Gee Oe ee ee ee . wl = LBC hae L’Abbate, Balkan, Colavita & Contini, LLP. 1001 Franklin Avenue, Garden City, New York 11530 . T. 516.294.8844 EF 516.294.8202 Ee www.Ibcclaw.com [email protected] Writer’s Direct Dial 516-837-7415 February 3, 2020 Via ECF Honorable James L. Cott United States District Judge United States Courthouse Southern District of New York 500 Pearl St., Room 21D New York, NY 10007 Re: Shulman, Kevin, et al. v. Becker & Poliakoff, LLP, et al. Docket No. : 17-cv-9330-VM-JLC Our File No. : 3716-103784 Dear Magistrate Judge Cott: We represent defendant/third-party plaintiff, Helen Davis Chaitman. We respectfully submit this letter in response to the Court’s request for a status update on the mediation conducted January 31, 200. We believe the parties have reached a resolution and are in the process of circulating documentation. It is requested that the Court adjourn all pending dates for a period of thirty days in order that the settlement may be finalized. Thank you for your kind consideration of this request. Respectfully submitted, dunt MARIAN C. RICE MCR/dm ce: All counsel via ECF

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