USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT BOC CATES □□□□□ SOUTHERN DISTRICT OF NEW YORK DATE FILED: 10/31/2023 CEDRIC BISHOP, Plaintiff, 1:23-cv-05808-MKV -against- ORDER OF DISMISSAL WESTMONT COLLEGE, 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. 10]. 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 December 15, 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 / lene Date: October 31, 2023 MARY Y VYSKOCI New York, NY United States District Judge