UsDC SUNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED:_ 5/2/2023 MAXIMO GARCIA, Plaintiff, 1:22-cv-1453-MKV -against- ORDER OF DISMISSAL UNITED STATES OF AMERICA, Defendant.

MARY KAY VYSKOCIL, United States District Judge: The Court is in receipt of a letter filed by Defendant informing the Court that the parties have reached a settlement in principle. [ECF No. 19]. 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 June 2, 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: May 2, 2023 MARY HAY V i Koch New York, NY United States District Judge