USDC SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED:_ 2/5/2021 GULCAN SIMSEK, Plaintiff, . 1:19-cv-07538-MKV -against- TERRAFINA, L.L.C., JOSEPH PAGANO, ORDER OF DISMISSAL KENAN IZCI, and JAMES LOCK, Defendants.

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. 46]. Accordingly, IT IS HEREBY 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 a settlement agreement has not been executed if the application to restore the action is made by March 7, 2021. 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 / bap Date: February 5, 2021 MARY/KAY ofa? New York, NY United States District Judge