UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 1/19/2023 VANESSA JIMENEZ, individually and on behalf of all other persons similarly situated, Plaintiff, 1:22-cv-9321-MKV -against- ORDER OF DISMISSAL CHERRYBO2MB, INC., 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. 12]. 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 February 20, 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. _________________________________ Date: January 19, 2023 MARY KAY VYSKOCIL New York, NY United States District Judge