UsDC SUNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 4/13/2021 KAREEM NISBETT, individually and on behalf of all other persons similarly situated, Plainttt, 1:21-ev-1408-MKV ~against- ORDER OF DISMISSAL BACKBEATRAGS LLC, 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. 8]. 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 the application to restore the action is made by May 14, 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 / be Date: April 13, 2021 MARY/KAY vohxodht? New York, NY United ‘States District Judge