VDULCUNIEN IL ELECTRONICALLY FILED DOC #: UNITED STATES DISTRICT COURT DATE FILED: _ 11/29/2022 SOUTHERN DISTRICT OF NEW YORK MCINNIS USA INC., Plaintiff, 1:21-cev-1253-MKV -against- ORDER OF DISMISSAL AGGRECEM MECHANICAL, 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. 37]. 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 January 12, 2023. 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. | Lys (/ Date: November 29, 2022 MARY Y OC New York, NY United States District Judge