USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: JOSEPH VOLFMAN, DATE FILED: 10/6/2023 Plaintiff, . 1:23-cv-00809-MKV -against- PYRAMID EFFECT LLC d/b/a TIVOLI TRATTORIA, | ORDER OF DISMISSAL and HUANG’S HOLDING CORP., Defendants.

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. 24]. 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 6, 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. | i . . Date: October 6, 2023 MARY RAV “ol New York, NY United States District Judge