DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #__ SOUTHERN DISTRICT OF NEW YORK DATE FILED: _ 9/8/2021 __ BUILDING SERVICE 32BJ HEALTH FUND, Plaintiff, 1:21-cv-4098-MK V -against- ORDER OF DISMISSAL SOVEREIGN SECURITY LLC, Defendant.

MARY KAY VYSKOCIL, United States District Judge: The Court is in receipt of a letter filed by Plaintiff informing the Court that the parties have reached a settlement in principle [ECF No. 10]. 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 writing and as long as the application to restore the action is made by October 8, 2021. □□ □□ 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). The initial pre-trial conference scheduled for September 14, 2021 at 10:00 AM is adjourned sine die.

SO ORDERED. | i / ln Date: September 8, 2021 MARY ps vyskoct New York, NY United States District Judge