USDC SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 10/4/2021 KEVIN DAVIS, Plaintiff, 1:21-cv-04912-MK V -against- ORDER OF DISMISSAL SUPERPLASTIC, INC., Defendant.

MARY KAY VYSKOCIL, United States District Judge: The Court has been informed that the parties have reached a settlement in principle. 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 November 5, 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 / ref Date: October 4, 2021 MARY hy vyskociy New York, NY United States District Judge