UdsvVe SUNT DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED:__11/9/2020 SHAEL CRUZ, on behalf of himself and all others similarly situated, Plaintiff, 1:20-cv-04580 against: ORDER OF DISMISSAL PEACOCK ALLEY, INC, Defendant.

MARY KAY VYSKOCIL, United States District Judge: The Court is in receipt of a letter from the parties informing the Court that the parties have reached a settlement in principle [ECF No. 11]. Accordingly, IT IS HEREBY ORDERED that the Initial Pretrial Conference scheduled for November 10, 2020, at 1:00 PM is cancelled. IT IS FURTHER ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court’s calendar if the application to restore the action is made by December 9, 2020. 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.,

, 494 n.1 (2d Cir. 2004).

SO ORDERED. | i . Date: November 9, 2020 MARY/AY vf Ke New York, NY United States District Judge