USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK boc a FILEL MATTHEW MCDERMOTT, DATE FILED:_ 6/23/2021 Plaintiff, 1:19-cv-02012-MKV -against- ORDER BIERMAN APPAREL CORP., Defendant.

MARY KAY VYSKOCIL, United States District Judge: Plaintiff has filed a notice informing the Court that the parties have reached a settlement in principle [ECF No. 51]. 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 parties are unable to memorialize their settlement in an agreement and as long as if the application to restore the action is made by July 23, 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: June 23, 2021 MARY/KAY vou New York, NY United States District Judge